Mid-Day Ethics Madness, 8/19/2020: Susan B., Fauxahontas, Utah…And “Gordie”

When I was looking through the 2012 posts yesterday, ultimately stumbling upon the long discourse about Barack Obama’s disastrous Presidency, I was struck by how, even in an election year, so many non-political ethics issues were discussed here. This is something that was already driving me crazy about 2020. Thanks to the pandemic, there is virtually no popular culture news. Legal ethics news is drastically reduced, as are reports from other sectors of society and culture. In this warped environment, politics spreads like kudzu, or killer bees, or snakeheads—you can choose your favorite invasive species or opportunistic organism analogy. I’m trying, I swear, but my over-all impression looking back on 2012 is that writing, and I presume reading, an ethics commentary blog was a lot more fun.

I’m sorry.

1. Today’s rejected Ethics Alarms comment comes from “Gordie,” was opining on the post on Ellen De Generis’s late hit accuser. He wrote,

Ellen was an a$$ to this boy and shes paying for it now. All you lip huggers need to wake TFU and rejoice when you hear truth no matter how unsavory or unpalatable you find it. Be a bully, get bullied. Dont you all see that Karma train pullin up? And with enough hands to slap every butt as it goes on by toot toot

Observations:

  • Welcome to my world. This is why so few new voices are added to the commentariat here.
  • Does anyone know what a “lip-hugger” is?
  • Tells in the comment that let us know the writer can’t tell an ethics from fuzzy slipper: mentioning “karma,” and the statement, “Be a bully, get bullied.”

2. Here is some non-political legal ethics news, and it’s important, if technical.

Before this week, only the District of Columbia, where I am licensed, allows non-lawyers to be partners in law firms. The majority position in the profession is that non-lawyers inevitably have a different alignment of values from the legally trained, and thus are not likely to be as sensitive to duties to clients, like confidentiality, and conflicts of interest. Pure “investors” are also banned from buying a share of law firm profits, because they are deemed likely to be governed by financial needs and motives rather than the best interests of clients.

When the D.C. bar decided to break the mold decades ago, everyone assumed that other jurisdictions would follow its lead, and soon doctors, engineers, scholars and accountants, among others, would be joining firms and allowing them to add new services. (Europe and Australia already allow  such “multidisciplinary firms.”) It didn’t happen.

Now, however, the dominoes might be starting to fall.  From the ABA Journal: Continue reading

Saturday Ethics Warm-Up, 2/15/20: Dresden, Bloomberg, Snopes, Climate Change, And “The Chalkening”

http://www.youtube.com/watch?v=JOIo4lEpsPY

Good Morning…

1. Dresden bombing ethics. February 13-15, 1945 witnessed the Allied firebombing of Dresden, Germany, with the resulting deaths of between 22,000 and 135,000 civilians. depending on whose propaganda you choose to believe. Regardless of the number, the destruction of the German cultural center and questionable military target so late in the war—after its loss in the Battle of the Bulge, Germany’s defeat was just a matter of time—was instantly controversial, and is still intensely debated today.

The attack, which dropped more than 3,900 tons of high-explosive bombs and incendiary devices on the city, destroyed more than 1,600 acres. By all accounts, the human toll was horrific. Lothar Metzger, a survivor, wrote,

We saw terrible things: cremated adults shrunk to the size of small children, pieces of arms and legs, dead people, whole families burnt to death, burning people ran to and fro, burnt coaches filled with civilian refugees, dead rescuers and soldiers, many were calling and looking for their children and families, and fire everywhere, everywhere fire, and all the time the hot wind of the firestorm threw people back into the burning houses they were trying to escape from.

Was the firebombing of Dresden a war crime?  If the Allies had lost the war, it would have become a war crime. As we have discussed here before, the concept of war crimes is confounding and hypocritical at best. If the attacks were deemed essential to ending the war as soon as possible, then they were ethically defensible.

Much of the debate over the years has focused on whether the bombing was terrorism. Of course it was, as were the atom bombs dropped on Hiroshima and Nagasaki, and General Sherman’s March to the Sea. Terror is a legitimate weapon in warfare, when the objective is to destroy the enemy’s will to fight. Attacks on civilians for revenge and to inflict gratuitous death and pain for no legitimate strategic purpose are unethical . The distinction is usually in the eye of the beholder.

Wikipedia has an unusually thorough article on the Dresden attack, and I found this paper interesting as well. Continue reading

Ethics Dunce: Iowa Student Kaleb Vanfosson

dragged-off

Iowa State student Kaleb Vanfosson accepted the job of introducing Bernie Sanders at a pro-Hillary rally last week. Instead of doing what he agreed to do, he used his moment at the microphone to rant about how awful Clinton was, saying in part before he was escorted off the stage (above) by a guy that looked like the principal in “Back To The Future”…

“The only thing she cares about is pleasing her delegates, the billionaires. The only people that really trust Hillary are Goldman Sachs, Citigroup can trust Hillary, the military-industrial complex can trust Hillary.”

There has been a lot of this kind of unethical conduct lately, notably from performers hired to sing the National Anthem who then do a Colin Kaepernick impression instead. What are they teaching in Iowa? It is never ethical to make a commitment to perform one task and not perform it as agreed. It is even worse to do the opposite of what was agreed, and to embarrass and undermine the objective of the enterprise.

Just because something is styled as a protest doesn’t make it fair, responsible or right. Vanfosson was grandstanding, and he was cheating. Sanders takes questions, and in a Q and A session was the time and place to make his points. He used misrepresentation to do it from center stage.

The interesting ethics question is whether the student’s conduct gets a pass because his victim, Bernie Sanders, embraces such guerilla protest tactics, or did when he was that age. The answer is no. The ethical approach would have been to ask Bernie himself if he would accept an anti-Clinton rant as his introduction. Vanfosson didn’t, perhaps because he knew what the answer would be.