hypotheticals

Further Thoughts And Questions On “The Lottery Winner’s Sister-in-Law” (Part 1)

/ Jack Marshall / 10 Comments

lottery win

The last ethics quiz posed the questions of whether a financially struggling (that is, like most people) brother [NOTE: In the earlier version, I incorrectly said they were twins. Why, I don’t know, except that it makes the set up more perfect. I apologize for the error. It didn’t change the issues any, or the commentary.]  in his Sixties should suggest to his lottery-winning brother, now 50 million dollars richer, that he could use some of that excess cash…and whether the brother would be unethical to refuse.

The more I think about it, the more I am sure that Slate advice columnist Emily Yoffe was answering a fictional hypothetical carefully devised to coax out the answer it did. I write these things for a living, and the brothers element is suspicious. The idea was to emphasize the perception of unfairness: here we have two genetically similar human beings raised with the same advantages and disadvantages, not just metaphorically “created equal” but equal in fact. How cruel and unfair that, in “Dear Prudence’s” words,  “your brother-in-law, through no effort of his own—save the purchase of a quick pick—was smiled on by fate and now enjoys luxuriant leisure. Especially since the two brothers suffered from a start in life that would have crushed many, it’s disturbing that the lottery winner hasn’t been moved to share a small percentage of his good fortune so that his brother doesn’t spend his last years scrambling to meet his basic needs.”

I didn’t exactly give my preferred answer to the quiz, but I did suggest that Yoff’e’s answer and the orientation of the questioner were redolent of the prevailing ethos of the political left. This was met with some complaining in the comments, but come on: “it’s disturbing that the lottery winner hasn’t been moved to share a small percentage of his good fortune so that his brother doesn’t spend his last years scrambling to meet his basic needs” would be a great Occupy Wall Street poster if it wasn’t so long, and it perfectly states the ethically dubious mantra we can expect from Bernie, Hillary or Elizabeth and probably any other Democrat who is selected to be called “a lightweight” and “a loser” by Republican nominee Trump.  In fact, I think this hypothetical would be a great debate question….and better yet if we explore some of the  variables.

For example: Continue reading →

“The Strange Case of the Threatening Hypothetical”, Continued: The Verdict Is In!

/ Jack Marshall / 4 Comments

The Victim

Lawrence Connell, the Widener School of Law criminal law professor placed on administrative leave for using the school Dean in a “violent scenario” to illustrate legal principles to his class, has given a revealing and clarifying interview to the National Association of Scholars website.

This section is most relevant to his current plight, and the fairness of complaints leveled against him by some of his students. It’s also about one of my favorite topics in criminal law, attempt law, which has a significant ethical component, as you will see. But the main point of interest is that includes one of the supposedly racist, sexist, threatening hypotheticals he used.

Q: Can you give me an example of a hypothetical you might have used in class, to which the students who complained might have been referring? Can you describe the context in which you would have used it? Continue reading →

The Strange Case of the Threatening Hypothetical

/ Jack Marshall / 5 Comments

Lawrence Connell, a tenured associate professor at Widener University School of Law in Delaware, is fond of using famous or familiar people in the hypotheticals he presents to his criminal law class.  One of his imaginary scenarios involved him as a murderer, and the school’s Dean as his victim. Now he is on administrative leave from the school, as administrators investigate  him for using “violent scenarios” that some students complained violated the school’s discrimination and harassment codes.

Widener University spokesman Dan Hanson, meanwhile, has declined to provide more details on the matter, but insists that Widener is committed to academic freedom.

Right. Continue reading →

Michael Palmer’s Ethics No-Brainer

/ Jack Marshall / 10 Comments

Physician/novelist Michael Palmer is something of the new Michael Crichton, though unlike the eclectic late author of “Jurassic Park,” Palmer generally restricts himself to medical thrillers. He is promoting his latest novel, “A Heartbeat Away,” with a series of “ethics brainteasers,” as he called them in a recent Twitter post. Here is the latest, which he posted on his Facebook page and asked fans to discuss:

“What if a close friend confides to you that he/she has committed a heinous crime and you promise that you’ll never tell. However, you soon discover that an innocent person has been accused of the crime and is possibly facing significant jail time. You plead with your friend to give him/herself up, but he/she refuses and reminds you of the promise. What should you do? What if the if jail time was only a few months? What if the sentence was death?” Continue reading →

Astrology Ethics

/ Jack Marshall / 7 Comments

Considering absurd hypotheticals can still be valuable. Consider this ridiculous question from a site with the tautological title, “Astrology or Superstition?” :

“Would it be unethical to use astrology to gain advantage over someone in the work environment?”

Obviously not, because astrology is a crock. But if it were not a crock, what would the answer to this question be? Continue reading →