fairness

When Blind Justice Blinds Love: the Saga of the Gambling Grannies

/ Jack Marshall / 1 Comment

I’m sure you, like me, are eagerly anticipating the resolution of the case in New Britain Connecticut, in which one elderly sister is suing the other for a share of a 2005 Powerball jackpot of a half million dollars. The result, however, will be determined by technical legal issues, such as whether thee was there a valid contract between the sisters to split all gambling winnings, as the suing sis insists. There has already been one interesting wrinkle: gambling contracts are typically unenforceable, and so was this one until it applied to Powerball, which is state lottery and therefore, unlike other gambling in Connecticut, legal…just one more little bonus from of state governments taking over the numbers racket.

Yet the more important question, for those of us other than the sisters, Rose Bakaysa and her younger sister Theresa Sokaitis, is why some application of ethical values didn’t stop the lawsuit from getting to court. The situation is this: Rose and Theresa were always close,  and in their retirement, the two began gambling regularly, taking trips to casinos and playing the lottery. They made a deal, years ago (Rose is 87 and Theresa is 84) that if either of them won anything, they would split it 50-50.

In 2004, right before Rose hit the jackpot, the sisters had an argument over–what else?—some money, and stopped speaking to each other. Rose tore up the notorized contract, but Theresa kept it safe, just in case. This is why they are in court. Continue reading →

Accountability, the Phoebe Prince Suicide, and the Golden Rule’s Limitations

/ Jack Marshall / 35 Comments

Sometimes the application of the Golden Rule actually leads us away from an ethical result.

The suicide of a 15-year-old South Hadley, Mass girls who had been the victim of bullying and web attacks by fellow students continues to be framed as the failure of school administrators to protect the girl. What the school knew and when they knew it is the object of current investigation and controversy, but there is an inherent public and media bias in such cases that is rooted in laudable ethical motivations, indeed, it is rooted in the Golden Rule. But that bias often results in unfairness and injustice. Continue reading →

Arg! “The Ethicist” Endorses Piracy!

/ Jack Marshall / 15 Comments

Ah, another Sunday, another chapter in the crusade of Randy Cohen, a.k.a “The Ethicist,” to redefine the definition of “ethical.” I used to read “The Ethicist” column in The New York Times  magazine out of professional curiosity, later, bemusement, and now I read it as a diagnostic exercise. Where did Randy acquire his bizarre fondness for certain forms of dishonesty? For the record, Cohen’s batting average of actually giving ethical, rather than unethical, advice appears to be holding steady at .750, which means that he advocates unethical means one out of every four inquiries. I’d say Charley Rangel would do better, and nobody’s likely to call him “The Ethicist” any time soon.

This Sunday, Randy is endorsing web piracy…really. Continue reading →

The Evolving Ethics of Joke Theft

/ Jack Marshall / 3 Comments

Kal Raustiala, a Professor at UCLA Law School and the UCLA International Institute, and Chris Sprigman, a Professor at the University of Virginia Law School, are counterfeiting and intellectual property experts who hang out at the Freakonomics blog, and their latest post discusses how the world of stand-up comedy deals with joke theft. Some of the commentary will remind you of the Monty Python sketch in which a professor dryly lectures (with demonstrations) on the art of slapstick, but their observation is important: professional comics have developed a series of standards, enforced informally by such methods as shunning, shaming, and confrontation (and the occasional punch in the face) to discourage theft of a form of intellectual property that cannot be efficiently protested by copyright or trademark law. Continue reading →

The Westboro Baptist Church and Free Speech: When Cruel and Unfair Can Still Be Right

/ Jack Marshall / 5 Comments

The United States, as currently constituted, is a utilitarian nation. We embrace the inherent virtue of certain “natural” rights, and tolerate the frequent harm that some citizens commit while exercising the rights that all of us cherish. I think that is the correct philosophy, but it requires us to grit our teeth and re-read the Bill of Rights when the formula produces a nauseating result that is nonetheless right in our democratic culture. It was right to let the Nazis march in Skokie. It was right to let the Klan hold their non-violent, white supremacy demonstrations. And it was right for the court to make Albert Snyder pay the court costs when he lost his lawsuit against a hate group that disrupted his son’s funeral. No, it wasn’t fair, or kind, or empathetic. It was only right. Continue reading →

Art Ethics: We Are Not Bowls of Fruit

/ Jack Marshall / 5 Comments

During his legendary questioning by Clarence Darrow in the Scopes trial, Williams Jennings Bryan famously answered one of Darrow’s queries by saying, “I don’t think about things I don’t think about.” (Darrow’s rejoinder: “Do you think about the things you do think about?”)  One of the ethical issues I hadn’t thought about was whether an artist drawing a subject in public without his or her consent is being unethical. Thanks to a post by an inquiring artist on an art blog who heard the faint ringing of an ethics alarm in his head, I’m thinking about it now, and it is trickier than you might think.

Once the artist starts rolling, he has a lot of ethics questions: Continue reading →

Ethics Test for Republicans and Conservatives

/ Jack Marshall / Leave a comment

President Obama’s unexpected announcement that he will reverse the long-time ban on off-shore drilling for oil and natural gas resources should help us answer an important question: Has the GOP’s intractable opposition to President Obama’s policies been based on principle, or the purely political motive of obstructing his presidency in order to win votes and power from a disillusioned and impatient electorate? Obama’s conservative critics on talk radio will be presented with the same test. Rush Limbaugh famously said that he wants Obama to fail: will that extend to a new Obama policy that Limbaugh has advocated in the recent  past?

Opening up off-shore drilling to exploit unused U.S. energy resources was a key plank in Republican John McCain’s campaign when he opposed Mr. Obama, and is anathema to many Obama supporters. If the Republican Party and its conservative media allies have a requisite amount of fairness and integrity, they will both praise the President and support him.

We shall see.

Climate Science Ethics: The Lovelock Interview

/ Jack Marshall / Leave a comment

James Lovelock, 90, is a legendary scientist, environmentalist and futurist. He has just given a lengthy interview in which he opines about the recent scandals in climate science, the value of skeptics, the limitations of political solutions to big problems, and the inherent uncertainty of science. The interview is remarkable for what it reveals about this independent scientist’s honesty, integrity, respect for adverse opinions and understanding of human nature. It is also that true rarity, an assessment of climate change that is measured, reasonable,  persuasive, and logical.

You can read the whole interview here, and the key statements  here.

Unethical Website of the Month: Bloomberg News

/ Jack Marshall / 7 Comments

Seldom does any news media organization make its absence of fairness and objectivity on a topic so obvious that there isn’t some room for argument, but Bloomberg managed to scale the heights with its headline to a story by reporter Heidi Przybyla. Her report covered the results of a Bloomberg poll designed to create a profile of the members of the Tea Party movement, which has been holding multiple demonstrations across the country to protest passage of President Obama’s health care reform bill.

The poll results themselves were unremarkable, given what we already have learned about the Tea Partiers’ objectives and objections. Over 90% of those polled by Bloomberg said that they feared that the nation was turning to socialism, with the federal government trying to control too many aspects of  Americans’ lives. In answer to another question,  70% felt that Obama’s Administration needed to put more resources into job creation. So Przybyla, her editors and Bloomberg’s management chose to headline the report with this:

“Tea Party Advocates Who Scorn Socialism Want a Government Job” Continue reading →

Death Video Ethics

/ Jack Marshall / 2 Comments

As with the video of the fatal luge run at the Olympics, as with 9-11 videos of the Twin Towers crashing down, pundits, lawyers and family members of a victim are arguing in courts of law and public opinion that the visual record of their loved one’s death should be off-limits for public. The family of Dawn Brancheau, the SeaWorld trainer who was drowned last month by a six-ton Killer Whale that held her underwater by her ponytail,  has announced that they will seek an injunction to stop the release of the death videos, captured by SeaWorld’s surveillance cameras on Feb. 24. Once the official investigation is complete, the video could be made widely available on YouTube and elsewhere. The family understandably does not want their daughter’s last moments to become a source of web entertainment. Continue reading →