human rights

Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.”

/ Jack Marshall / 36 Comments
It's all for the best.

It’s all for the best.

The last time my friend “Ethics Bob” Stone blogged about ethics, it was way back in August, and he was writing about some guy named “Romney.” Now he’s back on the job, thank goodness, with a comeback post titled “Zero Dark Thirty: Did torture lead us to Osama bin Laden?”. And he’s ticking me off.

“Zero Dark Thirty” is Hollywood’s treatment of the search, apprehension and execution of Osama Bin Laden. The film suggest that methods of torture were employed by the CIA to uncover crucial intelligence that led to the terrorist mastermind’s demise. Torture opponents, including some U.S. Senators, are alarmed by this, and disputing the film’s account. (Imagine that: a movie that misrepresents history!) Meanwhile, conservatives, neocons, Bush administration bitter-enders, talk radio hosts and admirers of Dr. Fu Manchu and James Bond villains are citing the film as confirmation that they were right all along: torture is a wonderful thing.

I am puzzled that Bob got in the middle of this debate as an ethicist. “It worked!” and “It came out all right in the end!” are not valid ethical arguments or justifications. The first is an embrace of a pure “the ends justify the means” rationale, a favorite tool of Auric Goldfinger and Dr. No. The other is consequentialism. When ethicists and principled opponents of torture allow the issue to be adjudicated on this basis, they are surrendering their principles at the outset. “Torture doesn’t work” is a pragmatic argument, not an ethical one. If the societal consensus regarding torture is going to be determined by how much we can benefit by returning to the rack and wheel, then ethical considerations have already been jettisoned. Continue reading →

Comment of the Day: “Ethics Quote of the Week: Yu Jie”

/ Jack Marshall / 2 Comments

Michael, fortunately, focuses attention back on the actual meaning of the quote from the Chinese dissident, Yu Jie, that I had posted as an Ethics Quote of the Week. I then confused the issue by expanding my commentary to the dangers (or, as commenter properly corrected me, theoretical dangers) of  U.S. indebtedness to China. My error, and I am grateful to Michael both for returning to the issue and his thoughtful comments.

Here is his Comment of the Day on the post, Ethics Quote of the Week: Yu Jie:

“…No matter how craven our federal government has been, why are the Universities allowing themselves to be censored by the Chinese? There are two reasons: Continue reading →

Ethics Quote of the Week: Yu Jie

/ Jack Marshall / 23 Comments

“I arrived in the United States a month ago, thinking I had escaped the reach of Beijing, only to realize that the Chinese government’s shadow continues to be omnipresent. Several U.S. universities that I have contacted dare not invite me for a lecture, as they cooperate with China on many projects. If you are a scholar of Chinese studies who has criticized the Communist Party, it would be impossible for you to be involved in research projects with the Chinese-funded Confucius Institute, and you may even be denied a Chinese visa. Conversely, if you praise the Communist Party, not only would you receive ample research funding but you might also be invited to visit China and even received by high-level officials. Western academic freedom has been distorted by invisible hands.”

—Yu Jie, Chinese dissident and author recently relocated to the U.S., in an op-ed column in the Washington Post, exposing how America’s dependence on China for trade and financing has not only made the nation vulnerable, but is also eroding its integrity and values.

Every budget cycle that the United States permits to expand its debt makes the nation more indebted to China, and places more power in the hands of its leaders to exert influence over American policies. Yu Jie’s disturbing article shows how our values are being undermined as well. China’s is a repressive, undemocratic and often brutal regime that the United States has foolishly allowed itself to become dependent upon. What will the consequences of this be? How can the United States lead the free world while being under the thumb of the Chinese? Corruption is inevitable. Yu Jie writes, Continue reading →

Comment of the Day: “The Darkness of the Right, Pissing Away American Values”

/ Jack Marshall / 41 Comments

Is that you, Rod?

This is a treat. I was hoping that my post about the most ethically-challenged of the Right’s uber-patriots cheering corpse desecration would flush out a full-throated cheerleader, and here he is!

In his indignant reply to Bill ( a Marine himself), first time commenter Haddit (who, I gather, has “haddit” with all this ethics talk) gives a bravura performance of exactly what ethics-free thinking will get you in this and other war-related issues. It turns people into clones of the ridiculous general (played by the late, great Rod Steiger) in Tim Burton’s “Mars Attacks,” whose nuanced response to every dilemma is “Kill! Kill! KILL!” ( I know, I know…in the movie it turns out that the general was right after all. It is a satire.)

Here is Rod’s, er, Haddit’s Comment of the Day (to Bill) on my post about the infamous pissing Marines, The Darkness of the Right, Pissing Away American Values. You’re welcome for the editing, Haddit. I’ll have some final comments after the featured rant:

“Are you kidding me? They should be punished?????? We train these guys and gals to be heart-breakers and life-takers, but “oh no don’t piss on the enemy”? I say we put all the bodies of our enemies in a giant blender and dump their remains on the cities where they lived and let’s see how long they screw with us. Desecrating bodies……….What does a bullet or a bomb do, man? War is being insane, doing insane things. Sane folks don’t KILL other folks. So, we teach em to be insane but with rules? THERE ARE NO STINKING RULES. KILL, KILL, KILL come the cries of our military men and women while in training. “WHAT MAKES THE GRASS GROW”???? “We don’t go to war to die for our country, we make the other poor bastard die for his country.” Continue reading →

The Darkness of the Right, Pissing Away American Values

/ Jack Marshall / 26 Comments

Doesn't it make you proud to be an American?

I don’t know why I didn’t see this coming, but indeed I did not. After all, when photographs surfaced showed American servicemen and women abusing, tormenting and torturing helpless (and untried) Iraqi prisoners at Abu Ghraib, the hard right, led by conservative radio talkshow hosts like Rush Limbaugh, Sean Hannity and Mark Levin, attempted to minimize America’s disgrace and the catastrophic failure of the military chain of command by wielding the worst of rationalizations.

“They do worse things to us!”

“We’re the good guys, they’re the bad guys!”

“They had it coming!”

“At least the soldiers didn’t saw their heads off, like the Arabs did to Daniel Pearl and Nick Berg!”

The fact that the atrocities in the prison violated the core values of the Declaration of Independence and the very foundation of America’s reason for existence—human dignity and inalienable human rights—never occurred to these warped culture warriors, who did not have the decency to be ashamed that the United States military would present itself to the world as bullies, thugs and sadists.

Now we, and the world, have seen a video taken by one U.S. Marine in Afghanistan of four of his colleagues gleefully urinating on the bodies of dead Taliban combatants. The Obama administration, hopefully having learned its lesson from the Bush Administration’s botching of its response to Abu Ghraib, immediately and unequivocally condemned the conduct of the marines and vowed that it will not go unpunished. (Whether there will be proper consequences for the brass responsible for such a catastrophic collapse of military discipline remains to be seen.) Of course this is the correct response, and the only responsible response,

Yet last night I heard talk show rant-master Mark Levin, dubbed “The Great One” by his talk show host colleagues (Jackie Gleason’s estate should sue for defamation), furiously denounce the Obama administration and praise the Marines. Continue reading →

Comments of the Day: “UNICEF’s Unethical War Against International Adoption”

/ Jack Marshall / 9 Comments

A Rumanian child in an orpahanage for "incurables," circa. 1990, enjoys his "heritage."

A post that is a year old recently attracted two important comments, thanks to a link to the essay from another website. The topic is international adoption, an issue that I have a special interest in as the parent of an adopted son who was born in Russia. I have seen first hand the conditions described in these posts, and when I wrote the original article, I was unaware of the substantial movement opposing international adoption, a misguided effort with tragic consequences to the children these people supposedly want to protect. I am aware of it now. It is an especially tragic example of what happens  when tunnel vision and ideology causes individuals to lose perspective and objectivity.

I am taking the unusual step of pairing two comments as the Comment of the Day.  They arrived together, and compliment each other well. You might want to read the original post, “UNICEF’s Unethical War Against International Adoption.”

Here are the Comments of the Day, by Mel and Holly F. Continue reading →

Comment of the Day: “America’s Untouchables, Continued…”

/ Jack Marshall / 3 Comments

Commenter Shelly Stow has the Comment of the Day, with some useful calculations inspired by the post “America’s Untouchables, Continued…”:

“Every time I read about the creation of “child-safe” zones, I just shake my head. According to the latest statistics from the Juvenile Justice and Delinquency Prevention Division of the DOJ about who child molesters are, for victims age 6 and below, 58.7% are family members, 39.7% family acquaintances, and 1.8% strangers (and not all of the stranger group are registered offenders; in fact, few are); for victims age 7-11: 50.5% family; 46.7% acquaintances; 2.7% strangers; and for victims age 12-17: 21.7% family; 72.9% acquaintances; 5.7% strangers–keeping in mind that only a tiny percentage of the stranger groups are registered offenders.

“Based on this, the only “zone” that would keep children out of the reach of potential molesters and therefore safe from sexual abuse is a zone that would exclude their parents, siblings, grandparents, entire extended family, baby sitters, neighbors, teachers, playmates’ parents, siblings…..everyone in their lives.”

America’s Untouchables, Continued: Persecution in Huachuca City, Arizona

/ Jack Marshall / 26 Comments

Wait! I've got a great solution! Why not a YELLOW STAR for registered sex offenders?

Huachuca City, Arizona has approved an ordinance banning registered sex offenders from all public facilities, including schools, parks, libraries, pools, gymnasiums and sports facilities. As discussed in an earlier post, the willingness of municipalities to continue to oppress and stigmatize law-abiding citizens who the justice system has deemed fit to re-enter society is ignorant, cruel, and unconscionable. And it is getting worse.

Mayor Byron Robertson is mouthing the same rationalization that others in his position have: it’s all for the children. “As a town and as a community, we have to protect our children. As a council, we have to make the right calls. Our police chief indicated that we were having a serious problem with some pedophiles that were being a nuisance and we took steps to overcome that.” The “steps” involve forcing innocent American citizens to move out of town, because “some” individuals, who are not necessarily registered sex offenders, are posing problems.This isn’t good for the children, because it isn’t good for children to grow up in a community that engages in cruel and invidious discrimination based on presumed criminal tendencies. Continue reading →

Comment the Day: “Exposing America’s Dungeons…”

/ Jack Marshall / 1 Comment

Maybe Tom Cruise knows how they stored the prisoners in "Minority Report"---that seemed to be a quiet and pleasent prison environment...

Dwayne N. Zechman makes trenchant observations and raises difficult questions in his comment to the post, “Exposing America’s Dungeons: The New York City Bar Report on Supermax Prisons.” The report to some extent answers Dwayne’s primary point by stating that the need for special high-security prisons to prevent violence to inmates and guards cannot justify an unconstitutional solution. If the conditions in the supermax prisons are as described in the report, there can be no doubt that it violates the prohibition against “cruel and unusual punishment.” That is an absolutist position like the prohibition against torture: ethically, arguing that “it works” or “there’s no other way” or “oh yeah? What would YOU do?” won’t and cannot prevail…unless we conclude that when we have to choose the lesser of two evils, forcing violent and otherwise uncontrollable criminals to live in dungeon-like condition is preferable to having them kill people might be the winner. Continue reading →

Exposing America’s Dungeons: The New York City Bar Report on Supermax Prisons

/ Jack Marshall / 15 Comments

“…The overriding rationale for supermax confinement is to impose order  and maintain safety in the prison environment.  The unmitigated suffering caused by supermax confinement, however, cannot be justified by the argument that it is an effective means to deal with difficult prisoners. The issue, we believe, is not whether supermax achieves its purposes or is effective at controlling and punishing unruly inmates.
Instead, the question is whether the vast archipelago of American supermax facilities, in which some prisoners are kept isolated indefinitely for years, should be tolerated as consistent with fundamental principles of justice. Even prisoners who have committed horrific crimes and atrocities possess basic rights to humane treatment under national and international law. Although the Constitution “does not mandate comfortable prisons,” it does require humane prisons that comport with the Eighth Amendment’s prohibition against punishments that are “incompatible with ‘the evolving standards of decency that mark the progress of a maturing society” or which “involve the unnecessary and wanton infliction of pain.” More recently, the Supreme Court stated that “[p]risoners retain the essence of human dignity inherent in all persons. Respect for that dignity animates the Eighth Amendment prohibition against cruel and unusual punishment.”

“Supermax confinement as extensively implemented in the United States falls short of this standard and must be substantially reformed.”

—-The New York City Bar in its just-released report on “supermax” prisons in the United States.  The report declares supermax imprisonment, which currently holds 80,000 prisoners, to be the equivilent of torture and a violation of international human rights standards.

The report is harrowing, horrifying, and a source of shame for all Americans. The lack of concern by the public and its elected representatives in maintaining humane conditions in our prisons is understandable but inexcusable nonetheless. The New York City Bar has performed  a great service by issuing the report; it is up to us to insist that it is acted upon without delay. The United States of America should not be operating dungeons.

You can, and must, read it here.