In Aeon Magazine last month, philosophy professor Eric Schwitzgebel provided a serious essay on the nature of “jerkitude.” It is also an excellent essay, and useful. “Jerk” is a designation that I have occasion to use frequently on Ethics Alarms, and for the most part, Schwitzgebel convinced me that I have been using it properly. Some excerpts… Continue reading
ethics
Laser Pointer Abuse: Why Ethics Gets Complicated
This month, the FBI announced that it was expanding a program rewarding anyone who reports an incident of an individual aiming a laser pointer at an airplane with $10,000. ( This use of the cheap lasers is a federal crime.) The bounty was previously offered in a handful of cities, but because it seems to have reduced the number of laser strikes on planes, it is being expanded nationwide.
Wait…is this really a problem? It’s several problems, in fact. The main problem is that laser pointers can, if the wielder of one gets “lucky,’ bring down an airplane. The related problem is that this country is littered with so many unbelievable assholes that we even have to discuss this….and imagine what other stupid, dangerous, irresponsible things they do when they aren’t trying blind pilots thousands of feet in the air.
Incidents where laser pointers interfered with the operation of commercial airliners have increased a ridiculous 1000% rate since 2005, when federal agencies started compiling statistics. Last year, there were 3,960 laser strikes against aircraft reported, an average of almost 11 incidents per day.
Some ethics-related thoughts:
1. There is no way around it: sociopaths, who are essentially ethics-free, are a constant threat and blight on society. Aside from the children involved, whose conduct can be chalked up to immaturity and flawed reasoning, the people who would aim a laser pointer at an airplane just for the hell of it are kin to those who set fires, vandalize buildings, create computer viruses and generally make life ugly and dangerous for the rest of us because they can. You can’t educate them or give them a sense of right and wrong. All you can do is make laws with harsh punishment for the stupid, destructive conduct these individuals engage in to give themselves a sense of power and importance. Ethics is irrelevant; their ethics alarms can’t be repaired, because they don’t exist. The laser-abusers illustrate the maxim often quoted here that “When ethics fails, the law steps in.”
2. Anyone who uses a laser pointer this way and who is aware of the potential results is capable of much worse. This is signature significance, don’t you think? It is tempting to use such a crime as a justification for pre-crime: anyone who would do this is too stupid or too inherently anti-social to be trusted in a free society. Pre-crime, however, is a concept too prone to abuse, a slippery slope that the Constitution wisely precludes. I would, however, see no reason not to require a conviction of this crime to be disclosed to every potential employer, for all time. Nobody should trust someone who even once would risk causing an airplane to fall out of the sky because it would be cool, and I don’t care if the reason for the act was the lack of brain cells, IQ points, the sense God gave a mollusk or a missing conscience. I don’t want you in my neighborhood, near my family, or in my workplace. I don’t trust you. and I never will. Does this place a burden on you, if others feel as I do? Good, and too bad for you. Don’t try to shoot 757s out of the sky for laughs, and you won’t have the problem. Continue reading
Of The Great Noodle Ordeal, Sweeney Todd, Stressors, and The Importance Of Ethics In Stopping Mass Killings
http://www.youtube.com/watch?v=Pl9XSLbpdEg
I have a theory about mass killings, and it is neither original nor exclusive: in fact, it has been proposed in various forms for at least a century But I think it is worth considering.
I think that the smart, creative, intense, ambitious, restless and entrepreneurial people in this country keep designing an environment, and forcing it on us whether we like or need it or not, that is increasingly, and ultimately unbearably, hostile to those who are not smart, creative, intense, ambitious, restless and entrepreneurial. I think that as life becomes increasingly stressful and confusing for average people—remember, about half of the public is below average intelligence, and even average intelligence is nothing to jump up and down over—they are more likely to reach what the serial killer profilers on “Criminal Minds” call “stressors”—the final straw, the moment when they see red, and deadly fury takes over. On the TV show, of course, the stressor is the death of a child, or a firing, or the onset of an illness, or financial setbacks. But I can see it simply being the realization that life is hopeless…that it is always going to be a miserable, frustrating struggle, and that powerful, rich, meddling people are at work always finding ways to make sure it gets harder and harder, and ultimately futile, for normal human beings to get through the day.
I entertain delusions that I am smarter than the average bear, and I can barely stand it myself. Yesterday, stuck at La Guardia, I wanted to get some food in the a terminal’s food court. The place I chose had just added computerized self-ordering on iPads. I’m not intimidated by iPads; I use one. The woman in front of me, however, stared at the device—there were no readily available employees to guide her through it—as if it were a space alien. She pushed some buttons, sighed, and gave up. Continue reading
Sorry To Be AWOL, But There’s Good News
I apologize for getting to Ethics Alarms so late in the day, but I was off to an out of town meeting early.
The good news is not that some of the mainstream media, at least—besides Fox—is paying attention to the I.R.S.’s absurd claim that Lois Lerner’s e-mails had vanished, though it is certainly encouraging (CNN’s Jake Tapper has pounced on the story).
No, my good news is that I spent many hours with high level management of a large corporation talking about ethics, values, and doing the right thing, and left encouraged and impressed. They were focused, dedicated, knowledgeable, had excellent ethical instincts, and were genuinely committed to creating an ethical culture throughout the organization. This is not always my experience, but those who claim that all large companies are amoral monoliths dedicated to profit at any cost should have heard what I did. All is not corrupt and cynical, nor is all lost, in the private sector.
Harvard’s Black Mass: An Ethics Problem With No Answer
P versus NP…the Hodge conjecture…the Riemann hypothesis…the Yang–Mills existence and mass gap The Navier–Stokes existence and smoothness. The Birch and Swinnerton-Dyer conjecture. These are some of the unsolved problems of mathematics, but they are child’s play compared to the unsolvable ethics dilemma concocted at Harvard College.
Is Harvard right to allow students to hold a historic recreation of a Black Mass? Is Harvard wrong? Is it unethical for the students to engage in the project? Is it gratuitously insulting to religion, particularly Catholicism? Does it even matter if it is?
To bring you up to date:
The Harvard Extension Cultural Studies Club is planning to recreate a “satanic black mass” on campus next week, enacted by Satanic Temple, a New York-based, Satanist group that engages in outrageous displays to draw attention to First Amendment rights. “Our purpose is not to denigrate any religion or faith, which would be repugnant to our educational purposes, but instead to learn and experience the history of different cultural practices,” the HECSC said in a statement.
The statement lays the foundation for a hung jury in seeking an ethics verdict. Since the Black Mass was originally devised to denigrate the holy mass, saying that recreating the mass isn’t intended to denigrate religion is the kind of thing Captain Kirk used to say to evil, logic-bound computers to make smoke come out of their hard drives. “It-is-true-but- it’s-not-true-but-nothing-can-be-true-and-not-true–KABOOM!“ Continue reading
On Lawyers, Jerks, and Ethics Blog Comment Malpractice

Marilyn Ringstaff, an excellent and much-admired lawyer who has friends who need to learn how to write ethical blog comments…
In 2011, I posted this story and commenary:
Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident when she was a first year law student. She represented herself in court, challenging Abe Lincoln’s rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.
Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.”
Georgia’s Board to Determine Fitness of Bar Applicants took offense, and recommended that she should not be allowed to take the bar exam. It cited the note and her defense tactics, along with comments Ringstaff made during an informal board interview that “every police officer lies.”
The Georgia Supreme Court rejected the board’s conclusions, and Ringstaff’s path to a legal career is unencumbered. I agree with the opinion. Her snottiness and arrogance are hardly out of character for many in the legal profession, and at least there is a chance that she will mature, improve, and learn from this close call. More likely of course, is that a profession with more than its share of jerks just embraced another one. Continue reading
Are Haunted House Ethics The Same As Murder House Ethics?
I spent the wee hours last night watching “Insidious 2” (not as scary as “1,” and too confusing to watch while composing ethics blog posts), and, to fend off nightmares, the Wayans’ “A Haunted House” (sillier, grosser and not as funny as their two “Scary Movie” efforts). Naturally, this set me wondering about the ethics of selling a haunted house to an unaware buyer.
I thought I had covered this problem before here and here, where the topic was whether a property owner had an ethical obligation to divulge that the house in question had been the site of gruesome murders or suicides. The law in most states declares caveat emptor, but that’s only the law. The ethics verdict, in my view (but not everyone’s) is this, which my last comment on the topic, in 2013: Continue reading
Media Bulletin!
It looks like I’ll be a guest on NPR’s “Tell Me More” this morning around 11:20 to talk about the Donald Sterling controversy.
Strict Liability For Biases and the Racist NBA Team Owner Principle
I had an unusual roommate in law school, a former Marine, smart, handsome and charismatic. Let’s call him “Carl.”
He was also a racist, and unapologetic about it. He was an anti-Semite too. After Carl died at the age of 27 in a freak accident, his funeral was attended by several Jewish and African-American law students who considered my roommate a good friend. They had no idea that he was prejudiced, because my friend treated everyone with fairness and respect, at least in my experience. I would ask Carl about this, and he would express surprise that I would be confused at his behavior. “I would never treat anyone with disrespect, no matter who he or she was, or unfairly either,” he said. “That would be wrong, and not Christian.” (He was a Roman Catholic.) Carl also gave annual contributions to the United Negro College Fund, and he was far from wealthy.
That was my introduction to the truth, and it is a comforting one, that biases can be overcome if someone has the character and the strength to recognize them as biases. Racism is just a bias, you know; a particularly harmful and strong one, but still a bias. Having a bias, even a strong one, is not unethical, just as thoughts themselves, without more, are not unethical. A bias is an ethics impediment, a condition that makes being ethical more difficult, and for many of us, impossible. My friend was one of the most honorable and ethical people in his conduct that I ever knew. He had a bias, knew that to be an ethical human being he had to overcome it daily, and did.
If, however, his black and Jewish friends had learned about his private arguments with me, they would have been hurt, and could not have remained friends with him. It would simply be a matter of trust….although, in fact, Carl was completely worthy of trust no matter what race or creed you were. But it is impossible, I think to continue to trust anyone once you know that he is prejudiced against your race.
This brings us to the ugly tale of Donald Sterling, owner of the NBA’s Los Angeles Clippers. His girlfriend, who is black, recorded an argument between the two of them in which he reprimanded her for posting photographs of African-American companions. Continue reading
Noted: A Familiar Debate Over At Slate
Those who participated in the epic, star-studded battle in February here, led by the departed Bruce Bartup, over what are acceptable levels of intensity and personal attack on Ethics Alarms, will experience some nostalgia reading this debate on Slate about the website’s policies. My favorite line: “…if someone is a dick, and we’ve explained that he’s a dick, why shouldn’t we also call him a dick? He’s earned it!”
If you missed Bruce’s Lament and the terrific donnybrook it generated (sadly, Bruce took his bruised feelings and went home to the British Isles, though I urged him to persevere) can read his Comment of the Day and the responses to it here.
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Graphic: kiss my wonder woman





