A Proposed Enforceable Campaign Pledge To Reject Corruption

OathRichard Painter is a distinguished, ethics-savvy attorney of a progressive bent who teaches legal ethics and who is a frequent contributor to the Legal Ethics Forum. He has formulated a legally enforceable candidate’s pledge requiring a member of Congress, once elected,not to accept campaign contributions except from natural persons residing in a congressional district and a promise, after leaving Congress, not to accept a lobbyist job that would entail lobbying former colleagues in the Capitol.

Painter was inspired to do so, he says, when contacted former student  who is managing the John Denney for Congress Campaign in Minnesota’s Sixth Congressional District.  Denny wants to take such a pledge, and Painter obliged with the document below.

What do you think? Continue reading

“Borderism” And The Ethics Of Circulating Stupid Ideas

"Certainly sir! We'd be honored to publish your opinion piece in the Washington Post! We welcome new ideas, whatever they may be!"

“Certainly sir! We’d be honored to publish your opinion piece in the Washington Post! We welcome new ideas, whatever they may be!”

For some reason I’m not certain I’d be happy to discover, some editor at the Washington Post thinks what our world needs at this disturbing moment in time is a new form of injustice to address, one that most of us never considered an injustice at all. Thus that helpful editor decided to give a megaphone to someone named , whom, we are told, is chief information officer of an NGO in Guatemala that promotes local governance in developing countries. This is itself interesting, because it provides a hint regarding why it is that developing countries have such a hard time developing. For Mr. , by the evidence of his opinion piece, deemed worthy of publication in a prestigious newspaper, is bats.

Essentially, his essay “Losing the Birth Lottery” asserts that life is unfair, so the only ethical thing to do is to make life chaotic and unfair. feels that it’s really, really mean that the United States doesn’t guarantee the same rights of U.S. citizens to every human being on earth, and insists that its refusing to do so is the moral equivalent of racism. He helpfully suggests the term “borderism” as the name for this heinous attitude, and writes:

“One could certainly argue that racial discrimination is worse than borderism because it excludes people from opportunities within their own countries. But how much worse? Many aspiring immigrants are born into nations where jobs are nonexistent, corruption is rife and indiscriminate violence plagues daily life. Being legally segregated into poverty and tyranny because of one’s ancestry is a cruel fate, regardless whether it’s because of race or citizenship.”

Continue reading

Matt Williams’ Blues: Consequentialism, Hindsight Bias, And Moral Luck

zimmermann

As I wrote last year about this time, the baseball play-offs make us unethical. Managers make decisions that either work or back-fire, and feed the toxic human tendency toward  consequentialism thusly: when they work, the decisions werecorrect; when they don’t, the manager was an idiot, and the choicee were obviously wrong. As with judging the ethics of an act, what happens after a baseball decision is made is irrelevant to whether it was a good decision when it was made.  This is almost impossible to keep firmly in mind. Our logic rebels at the idea that an ethical act can have horrendous consequences, or that the right tactical decision can result in defeat. But that’s life, as my father was fond of saying.

Hindsight bias further pushes us to confuse the making of a decision with its consequences. It is, not surprisingly, much easier to make a strong case that a decision was the wrong one after all the results are in. This, of course, is unfair to the decision-maker, who didn’t have the data the critics do when he or she acted. On the other hand, sometimes the reason the decision was the wrong one is that it was wrong, and the fact that the results were bad just support that verdict.

This morning, indeed since last night, Washington D.C. baseball fans and sportswriters have been wrestling this conundrum. The Washington Nationals, widely believed to be the strongest National League team in the post season, and quite possibly the favorites to win the World Series, find themselves down 0-2 in the best of five National League Division Series after a grueling, 18 inning loss to the San Francisco Giants, who didn’t even win their own division. The way the game went into extra innings will be debated for months if the Nats fail to rally and win the series. Nats starting pitcher Justin Zimmermann, who had pitched a no-hitter in his last outing, had been almost as good this time, pitching his team within one out of a 1-0 win that would have evened the series. He had dominated Giants hitters in every way, and had not shown any signs of weakening or, as they say in the game, “losing his stuff.” In the old days, that is, as recently as 20 years ago, a pitcher on a run like this would finish the game unless he had a stroke on the mound. Now, MLB managers are trained to be ready to go to their ninth inning specialist, the so-called closer, at any hint of trouble or even without it, and they almost always do.

As a reflex action, it makes no sense a lot of the time, other than “everybody does it.” A pitcher whom you know is pitching well is a known quantity, while a pitcher newly arrived to the game, whatever his skills, is not.  If the choice is between a starter who is not just doing OK but rather mowing down batters like Samson jaw-boning the Philistines, and bringing in a new arm, logic would dictate that the latter is the greater risk.

Nats manager Matt Williams acknowledged that Zimmerman was “in the zone” by not lifting him to begin the ninth, and was rewarded with two quick outs. When he walked his first batter of the game, however, on his magic 100th pitch (they count pitches now, and 100 is the number at which pitchers supposedly turn into pumpkins), and Williams lifted him, calling on closer Drew Storen. Continue reading

Someone At “Cracked” Has A Good Ethics Alarm

A “Cracked” video highlights four examples of irresponsible, cruel and disrespectful conduct that have been widely cheered on the internet. It is spot on. See for yourself:

The one that most interest me is the first: the Burger King customer who was annoyed at the child whining about wanting an apple pie behind him, so he bought out all of the pies in the store and ate one in front of the kid to teach him a lesson. On a Consumerist poll, less than five percent of respondents thought the guy was wrong.

Game, set, match, “Cracked”:

1. It’s not a bystander’s job to discipline someone else’s child.

2. The guy left the mother to cope with the now thoroughly upset kid, as he walked of with the pies.

3. There might well have been several other customers who wanted one of those pies. Ah, yes, the old shotgun approach, and collateral damage to innocents be damned…

4. This was gratuitous cruelty, excessive for the transgression. What a jerk.

Of course, the story was related on Reddit, and is likely fake. Never mind: the web shouldn’t be applauding unethical conduct. That was Cracked’s point, and also mine.

What I want to know is how I missed this story, which is almost two months old. Or did I just miss one of the e-mail alerts from my invaluable scouts, Alexander and Fred? If so, I’m sorry guys. If not: how did you miss this? You catch almost everything else!

__________________________

Pointer: Tim LaVier

Ethics Dunce: CNN Morning Anchor Carol Costello

Sorry Carol; you should have had this years ago.

Sorry Carol; you should have had this years ago.

I just checked. I was certain that I had named Carol Costello an Ethics Dunce a half-dozen times at least, and discovered, to my shock and shame, that she has never been designated one here. Unethical Quotes of the Month, the chief offender in various disgraceful and biased performances by CNN or the news media as a whole, but somehow the most throbbingly ethics-challenged broadcast journalist not employed by MSNBC or Fox has never been honored as an Ethics Alarms Ethics Dunce!

Well, that streak ends now, and I can make it short and sweet.

This morning, Costello once again confidently proclaimed her lack of familiarity with the concept of ethics by summing up the conviction of former Virginian Governor Bob McDonnell and his wife for bribery and corruption this way:

“Now the Virginia legislature needs to pass tough new ethics laws so this never happens again.

I’m just going to go into my shed with a hammer, and club myself into oblivion, because obviously my life is pointless and an utter failure. Continue reading

Comment of the Day: “Roshomon, Good Citizenship And Ethics: The Case Of The Concerned Stranger And The Indignant Father”

Poster - RashomonJeff Gates, the father, photographer and writer whose essay in the Washington Post prompted my post here and a lively discussion thereafter, has been kind enough to contribute additional thoughts and clarifications in response. This is one of the really good things about the internet, and his willingness to enhance the discussion with additional perspective reveals good things about Jeff as well. His original article is here.

At the outset, I want to clarify something about my post that I kept intending to do but obviously did not, at least not well. The fact that the man who was suspicious of his photo-session with his daughter said later that he worked for Homeland Security didn’t figure into my analysis at all, and still doesn’t. I am concerned with the original encounter, and the question of whether this was excessive Big Brotherism clouds the issue, which I see, and saw as this: we should applaud and encourage proactive fellow citizens who have the courage and the concern to step into developing situation that they believe might involve one individual harming another.  As the man needed no special authority to do that, I don’t care whether he was a federal agent or not; I thought it was pretty clear that this was not official action. Indeed, I think as official action, the man’s intervention was ham-handed and unprofessional.

Here is Jeff Gates’ Comment of the Day, on the post, “Roshomon, Good Citizenship And Ethics: The Case Of The Concerned Stranger And The Indignant Father.” Continue reading

Roshomon, Good Citizenship And Ethics: The Case Of The Concerned Stranger And The Indignant Father

“O wad some Power the giftie gie us To see oursels as ithers see us!”

—Robert Burns bystander-effectJeff Gates, a writer and adoptive father, contributed a thought-provoking column in the Washington Post’s Outlook section this weekend, describing what seemed to him to be a traumatic experience at Cape May. It begins…

“After my family arrives on the Cape May ferry for our annual vacation to the Jersey Shore, I take pictures of our two daughters on the ferry’s deck as we leave the harbor. I’ve been doing this since they were 3 and 4 years old. They are now 16 and 17. Each photo chronicles one year in the life of our family and our daughters’ growth into the beautiful young women they have become….On that first day of vacation, the sea was calm and the sky a brilliant blue. As I focused on the image in my camera’s viewfinder, the girls stood in their usual spot against the railing at the back of the boat. I was looking for just the right pose…Totally engaged with the scene in front of me, I jumped when a man came up beside me and said to my daughters: “I would be remiss if I didn’t ask if you were okay.”

He goes on:

“It took me a moment to figure out what he meant, but then it hit me: He thought I might be exploiting the girls, taking questionable photos for one of those “Exotic Beauties Want to Meet You!” Web sites or something just as unseemly. When I explained to my daughters what he was talking about, they were understandably confused. I told the man I was their father. He quickly apologized and turned away. But that perfect moment was ruined, and our annual photo shoot was over.”

Many of us might laugh off the experience as a funny anecdote, but not Gates, and not his daughters. He is Caucasian and they are both of Chinese heritage, having been adopted as infants in China by Gates and his wife. He obsessed about the incident for a while, and worked up sufficient indignation to track down the man and confront him, saying “Excuse me, sir, but you just embarrassed me in front of my children and strangers. And what you said was racist.” Continue reading

Marion Barry and The Julie Principle

Poor Julie. Luckily for her, she didn't exist. Washington, D.C. does.

Poor Julie. Luckily for her, she didn’t exist. Washington, D.C. does.

The Washington Post just discovered that D.C. Councilman Marion Barry is unethical, and boy, is it steamed!

Well, that’s not quite fair. The Post editors authored an editorial about Barry’s latest example of his complete rejection of ethical principles other than his guiding star, which is “If it’s good for Marion Barry, it’s good for everyone else.” Barry recently published a self-congratulatory, delusional autobiography (I nearly wrote about it, but I was afraid doing so would make me nauseous), “Mayor for Life,” and right in the acknowledgments, he announces that one of his council aides, LaToya Foster, spent “nights, weekends, and many long hours of assistance” working on book at taxpayer expense.  Using D.C. government employees as his personal staff was standard operating procedure for Barry during his various pre- and post-crack terms as mayor, so there is little chance that he played it straight this time. No chance, really. A Washington City Paper investigation of calendar entries and emails showed that Foster’s work on Barry’s book “stretched far beyond her off-hours and into the D.C. Council workday, an arrangement that appears to violate D.C. Council ethics rules.”

The Post should stop editorializing about Barry’s ethics and instead focus attention where it might do some good: the D.C. voters and citizens he has thoroughly exploited and corrupted. Barry is a prime example of what I have dubbed The Julie Principle, evoking the famous lyrics of Julie’s lament in “Show Boat,” “Fish gotta swim, birds gotta fly…”   If Oscar Hammerstein was writing those lyrics today about Barry, the song, sung by voters of D.C.’s Ward 8, would go,

Fish gotta swim, birds gotta fly”

Marion Barry will cheat, steal and lie..

Can’t help loving that man of mine. Continue reading

Oh, NO!!! “The Mikado” Ethics Again (Political Correctness Division)!

[Here…listen to this while you read the post.]

I am apparently the official protector of Gilbert and Sullivan’s “The Mikado” from ridiculous accusations of ethics offenses, so once again, I will charge into the breach. No thanks needed, Mr. Gilbert, Sir Arthur—I owe you debts that can never be repaid.

In a brain-endangering op-ed for the Seattle Times, expresses the opinion that the operetta is a “racial caricature,” and thus “every snap of the fan was a slap in the face.” The nature of the complaint has old origins: the original show in 1885 nearly caused an international incident, as Japan registered an official complaint to Great Britain claiming a grievous insult to its people. W.S. Gilbert, who was skilled at such things (a few years later he stifled French indignation over a song in “Ruddigore” that pretended to make fun of the French while actually ridiculing British bravado), explained that “The Mikado” in no way ridicules anything about Japan or its people, but is entirely a witty and original satire on everything British. This was true then, and is true now. Then, however, people, including the Victorian era Japanese, were able to see distinctions, and were not seeking victim status and leave to play public censor under the authority conferred by political correctness. Today, people like Ms. Chan are not so easily calmed.

Thus is art harmed, entertainment stifled, laughter stilled and music forgotten. A good argument could be made that “The Mikado” is the greatest musical comedy entertainment ever written.* It certainly caused the biggest international sensation (the closest rival is another Gilbert and Sullivan classic, “H.M.S. Pinafore”): it is estimated that by the end of 1885, at least 150 companies in Europe and the U.S. were producing the satire. As recently as the 1960s, it was credibly claimed that a “Mikado” was going on somewhere in the world every minute of the day.

The show is fun in every respect: comedy, music, lyrics, satire, characters. It is also fun to act in and produce, for children as well as adults. Unfortunately, several factors have led to the gradual scarcity of productions in recent years, from the cyclical (Gilbert and Sullivan go out of style, but always come back) to the ridiculous ( it seems like every production has to cope with some absurd controversy, like the 2011 Montana production that was accused of threatening Sarah Palin’s life). Political correctness aversion has been the biggest factor in making the very best G&S show rare while productions of Broadway musical junk flourish, however. Since the characters are supposedly “Japanese,” shouldn’t all the singers be Asian? Isn’t Asian make-up offensive like blackface? Oh, hell, let’s just do “The Pirates of Penzance.”

From Ms. Chan: Continue reading

The Gay Marriage Acceptance Reverse-Foxhole Conversion Problem

Atheists in trenchesThe New York Times sported a front page story extolling the actions and familial love of Rev. Frank Schaefer, a United Methodist minister, whose son Tim, now 30, had been raised  in his father’s conservative church in West Germany, Pennsylvania, where sermons, policy and the congregation embodied the belief that homosexuality was a sin, and gay marriage a monstrosity.  Then, after he had contemplated suicide, Tim told his father he was gay, and later that he wanted to wed his same-sex partner. The loving father accepted his son and presided over the wedding, causing him to become a target of criticism in his church, and the defendant in a church trial. To the Times reporter, Michael Paulson, he is an unequivocal hero.

He did the right thing, no question, just as Dick Cheney and Republican Senator Rob Portman did the right thing by changing their position on gay marriage when their children showed them the human side of the issue. I also agree that it takes courage to admit you are wrong, and that being able to change one’s ethical analysis is an essential ability for all of us. Indeed, in this post, I designated as an Ethics Hero an outspoken gay marriage opponent for changing his position after he became friends with gay men and women, leading him to realize, as he put it, that Continue reading