No, There’s Nothing Unethical About Performing Holograms Of Dead Singers…

…as long as they don’t materially misrepresent the performer or the performance. They may be icky, but they aren’t unethical. This is in ethical contrast with the Ethics Alarms position on zombie performers in films, as examined here several times, most recently upon the unveiling of zombie James Dean.

The issue has arisen because a holograph of Whitney Houston, mercifully in a form before her physical and vocal decline due to drug abuse, is touring the country. Here’s a review of one of the performances; Zombie Whitney will make her debut in the US soon. Big plus: she doesn’t have to worry about the Wuhan virus, just holograms of the Wuhan virus. Fans have been less than ecstatic, as much because of the quality of the image as the ickiness of the concept. Here’s part of one review: Continue reading

Ick Or Ethics? The Nauseating Social Media Meme

I have a long-time friend whose spouse has the above Facebook meme as a social media avatar. As a result, I have serious reservations about having any further interaction with either of them.

Once again, I am bedeviled by the phenomenon of public virtue-signaling, a non-virus epidemic that mostly manifests itself among smug progressives. There is no question in my mind that such ostentatious declarations are obnoxious and nausea-inducing, and thus offensive. But are they unethical?

The last time I addressed this issue was when these signs, mercifully short-lived, starting popping up on my neighbors’ lawns.

Then, I see that I was adamant, writing in part, Continue reading

Won’t You Try Saturday Afternoon Ethics, 1/25/20? The Segue Post…

The Winter of Hate would seem like a good time to remember the Summer of Love, don’t you think?

1.Well, that’s nice! A man gets along with his brothers! Rich Juzwiak is Slate’s sex advisor. A recent male enquirer asked him, “I live in a large house along with six brothers, all adults and close to each other in age, two of whom I am having sex with….The problem is that I don’t know what to call this arrangement…”

Oh, is that the problem?

What’s an interesting though experiment is trying to define exactly what this big, happy family arrangement is unethical, or even if it is. What harm does it do to society or non-consenting people? It doesn’t risk unhealthy babies, or ruin the family heirarchy like male-female incest

It the fair and honest answer to the reader’s question, “What do you call it?” “I call it so icky I want to barf, not that there’s anything wrong with that”? Is this the best example of the Ick Factor ever?

How about, “I don’t know what to call it, but if you don’t sell it as a reality show, you’re all idiots” ?

An aside: This reminded me of my favorite Ann Landers question of all time. Ann’s readers said she was having an affair with the husband of a professional lady wrestler, who walked in on her and the cheating husband as they were getting disrobed. He babbled that she was his masseuse, and, incredibly, the credulous wrestler bought it. She asked the terrified mistress if she would give her a massage too, and, trapped, Ann’s inquirer agreed. The wrestler was pleased—so pleased that the woman is giving her weekly massages while continuing to have sex with the wrestler’s husband. What do you think was her question to Ann?

“Can I get in trouble for giving massages without a license?”

This convinced me that Ann Landers answered more fake questions than I previously assumed. Continue reading

Sunday Before Christmas Ethics Ornaments, 12/22/19: Googling Ethics, “Cats,” Goldman Sachs, De Niro, Trump Derangement

Here’s hoping that the the next three days rescue the Spirit of Christmas…

…because the last few weeks have been a downer, man.

1. Googling ethics:  Phillip Galanes, at Social Q’s was consulted by a woman who had bad vibes about her girlfriend’s new love, so she googled him, and found out, as she suspected, that he had some serious red flags in his past. She told her friend, who had discovered the bad news herself, but who was hurt and angry that the inquirer did a background check on her boyfriend. “Was I wrong?” she asked. In his answer, Gallanes implies that she was, although “everybody does it.” I’d like a nice, succinct, substantive explanation of by what ethical theory it can ever be wrong to access publicly available information about anyone. This isn’t an issue of privacy, because the information isn’t private. There was nothing wrong with the inquirer’s motives, because she was concerned about her friend.

I’d call this the Ick Factor at work. It seems unethical because the fact that anyone can check our lives out online is creepy. The research itself, however, is ethically neutral. The ethics comes in with how the information is used.

2. I guess I have to mention “Cats”…since it is getting the most spectacular negative and cruel reviews since “Showgirls,” and maybe before that. “Exorcist II, The Heretic” perhaps. Oddly, the usually hyper-critical New York Times is not one of the worst defilers, but here was what the reviewer really found objectionable :

“It’s too bad that no one seems to have thought through the semiotics of Victoria’s chalky white cat face, given that Hayward is of mixed race and that the heavy is Idris Elba’s predatory Macavity. Elba seems to be having a fine time, but come on!”

Ah! The old “mixed-race actress in whiteface being menaced by a black actor playing a cat” racist imagery!

I can’t wait for them to write down these rules. Continue reading

Ethics Quote Of The Day…Or Is It Just Icky?: Alan Dershowitz

“I have had sex with one woman since the day I met Jeffrey Epstein. I challenge David Boies to say under oath that he’s only had sex with one woman … He has an enormous amount of chutzpah to attack me and challenge my perfect, perfect sex life during the relevant period of time.”

—-Alan Dershowitz on Fox News,  attacking super-lawyer David Boies, who is representing Virginia Roberts Giuffre, a woman who claims Dershowitz had sex with her while she was one of Jeffrey Epstein’s sex slaves. 

  • Too much information, Professor.
  • Has Dershowitz never heard of the Streisand Effect? His complaining about the accusation is publicizing it.
  • Decorum? Modesty? Restraint? Dignity? Privacy? Dershowitz is 80: he’s supposed to be in the generation hat still appreciates these things.
  • He had sex with one woman for almost two decades? It was nice of him to give her a break while he chatted with Laura Ingaham…
  • Ick.

Animal Treatment Ethics, Stowaway Raccoon Division: Should A Lawyer Face Professional Sanctions For This?

Controversial Cruelty to Animals Day at Ethics Alarms continues (I don’t plan these things) with this legal ethics story out of Florida. The video above is at the center of it.

Florida disciplinary authorities have opened an investigation into the professional fitness of a lawyer who forced a stowaway  racoon off of his boat a long way from shore,  and thought it was all amusing enough to post a video of the incident on Facebook. The bar’s assumption is that the animal drowned.  The lawyer is now subject to prosecution for a violation of Florida’s wildlife laws.

In Florida, as in every other U.S. jurisdiction, one of the kinds of unethical conduct that can result in bar discipline is committing “a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects,”  as stated by  Rule 8.4 (b) of the Florida Rules of Professional Conduct . Should the nautical lawyer’s conduct  qualify?

You may recall a far more egregious case of animal cruelty by a lawyer discussed here, where I questioned if a psychopath lawyer’s fatal attack on his girlfriend’s dog Snoopy really tells us anything about his trustworthiness as a lawyer. I wrote then,

Emotionally, I have no problem with seeing an animal abuser kicked out of my profession, but I don’t understand what values are being applied. Is it the commission of a crime? Most lawyer crimes don’t result in disbarment, if they don’t involve lying, cheating or stealing. …There is no basis on which to conclude that [Snoppy’s killer]  isn’t competent, zealous and trustworthy—just keep him away from pets.

Now, you may well ask, “Isn’t this at least “moral turpitude?” That’s the character flaw that will keep applicants for bar membership from getting a license due to character deficiency. There are two points related to that. First, moral turpitude might keep you out of the law at the outset, but it is not one of the official no-nos that will get you kicked out of it one you are a practicing lawyer.  The legal  definition of moral turpitude is an act or behavior that gravely violates the sentiment or accepted standard of the community. Brutalizing an animal would certainly qualify. The ABA, however, greatly narrowed the definition as it was applicable to legal discipline:

The 1983 Model Code (periodically amended by the ABA House of Delegates over the last 32 years) rejected the prohibition against “illegal conduct involving moral turpitude.” The ABA’s reason, which it included in a Comment to its Rule 8.4, was quite simple: “Moral turpitude,” the ABA advised, is a “concept can be construed to include offenses concerning some matters of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice.” The American Law Institute’s Restatement of the Law Governing Lawyers § 5 (Third) (ALI 2000), agreed. It also concluded that “moral turpitude” is vague and may lead to discriminatory or otherwise inappropriate applications.”

This looks like an Ick Factor case to me. The abuse of poor Snoopy is so viscerally repulsive that the bar and the courts can’t keep their ethical priorities in order. It is also, as particularly ugly discipline cases often are, a matter of public relations and self-preservation for the legal profession. The bar association knows that not banning a lawyer like Pastor—one hopes there aren’t many–signals to the public that the bar welcomes brilliant advocates who may be monsters in their spare time. That is a dark and dangerous road the profession would rather avoid.

The lawyer in the Florida video also has some defenses the poodle-stomper did not.  Raccoons are wild animals, and cute as the are, they also bite. I wouldn’t want to be trapped on a boat in middle of the ocean with one, though I wouldn’t throw the critter overboard either, unless it was me or him. (My father had a home movie of me jumping out of a canoe and swimming to a lake’s shore when I saw a large spider in the vessel. Of course, I was only 15. All right, I was 26….) The raccoon may have also been a better swimmer than everyone assumes: unlike in the case of poor Snoopy, the lawyer wasn’t trying to kill the animal, just get it off the boat.

I do not, however, second the opinion of Law professor Dane Ciolino, writing on his Louisiana Legal Ethics blog, who says in discussing the case, “A Maryland lawyer was suspended for microwaving a cat. But a racoon? I think not.”

Wait—is the professor really saying that microwaving a live raccoon would not justify bar sanctions, but a cooking a cat does? That’s animal bigotry, but it is consistent with what I detected in the Snoopy case. If that lawyer had stomped to death a raccoon that wandered into the apartment, I doubt that he would have been disciplined.

Yet animal cruelty is animal cruelty. If gratuitously killing a dog or a cat shows that a lawyer is unfit to practice, so does unnecessarily killing a raccoon.


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Why I’ve Changed My Position On Transgender Athletes In Women’s Sports, Or “Ethics Evolve With Wisdom And Experience”

Yesterday I headlined the story about transgender powerlifter Mary Gregory, who just shattered multiple lifting records, Unfair, Obviously Unfair, Scandalously Unfair. Why Are Athletic Organizations Allowing This? Why Are Women Tolerating It?

Possessed of a keener memory than I, reader Luke G. “pounced,” as the news media always says when Republicans object to Democratic words and conduct that absolutely should be objected to. He wrote in part,

What made you change your mind on this issue? Several years ago you were bad-dogging me in the comments for the views you hold now- you claimed back then that there was no reason [male-to-female transgender athlete] Fallon Fox shouldn’t get to fight in Women’s UFC, because she lives as a female and had transition surgery. According to 2013 Jack, “I don’t believe that males have an unfair advantage at all. Many advantages in physical ability can be made up with skill, and that true of most professional sports.”….I’m just wondering what it was that finally pushed you to flip on this one.

I wrote THAT? Yes, I did. Boy, is it ever inconvenient having over 10,000 searchable posts around to prove your inconsistencies. Continue reading