Why Ethics Rules Are Useless Without Common Sense

HIPAA

An ethicist’s pet peeve: People who misuse formal ethics rules to justify unethical or stupid behavior because they never thought about what why the rule exists.

This happens a lot. My favorite example was the famous athlete enmeshed in a scandal. Ay a press conference, he said that he couldn’t answer specific questions because of “atttorney-client privilege,” and not one of the reporters had the education to say, “Huh? You’re the client! The attorney-client privilege prevents your lawyer from revealing what you told him. It doesn’t stop you from revealing anything, you cretin.” In my seminars, when an attendee cites a professional ethics rule as the reason why he shouldn’t do something, I often ask, “And why is that a rule? What’s wrong with what it forbids?” Often, disturbingly often, the individual has no idea.

The New York Times today featured another example: medical providers and others not even subject to the law using HIPAA to avoid giving out information they could and should give out, in mots cases misinterpreting the law to do so. Among the examples in the Times story:

  • A retirement home refusing to tell friends of a resident that the resident had died (only health care providers, health insurers, clearinghouses that manage and store health data, and their business associates are covered by The Health Insurance Portability and Accountability Act of 1996. a.k.a. HIPAA)
  • A hospital that  refused to accept information about a patient’s allergies from the patient’s daughter (Wow: hospitals can receive medical information; HIPAA restricts the ways they can disclose it)
  • Another relative of a patient reprimanded by hospital staff for talking about her loved one’s medical problems in the cafeteria, because, she was told, it was a HIPAA violation.
  • A minister told a church staff not to announce the names of ailing church members because it was would violate HIPAA  (That’s right: he really thought it was against the law to tell congregation that someone was sick.)
  • Some providers cite HIPAA to block patients from seeing their own records.

This is why morality alone doesn’t make people ethical, especially if they aren’t very bright. Continue reading

Incompetent Elected Official Of The Week: New York City Council Speaker Melissa Mark-Viverito

shattered-window

New York City Council Speaker Melissa Mark-Viverito is pushing a plan to decriminalize public urination, turnstile-jumping and public drinking. This is a superb example of ideology trumping the lessons of history, anthropology, law, psychology and common sense.  Liberals have never forgiven Rudy Giuliani for adopting the lessons of the “broken windows” theory to clean up Times Square, thus showing why it is important, effective and responsible for government to insist on ethical conduct and have its laws reflect those values.

Using the tragic death of Eric Garner in an arrest for a petty crime as her justification, Mark-Viverito appears to believe that criminalizing minor crimes like public urination leads to  pretext  police stops, arrests and searches. What she stubbornly refuses to understand is that the government declaring that certain conduct is unacceptable is essential to ensuring that such conduct, and eventually, worse conduct, isn’t accepted, and that enforcement of laws with meaningful penalties is crucial to limiting the spread of unhealthy, ugly, harmful or uncivilized behavior. If the City Council wants human excrement and waste to be a regular component of the New York experience, this is one way to guarantee it—by sending the message that “It’s rude, but it’s not that wrong and we’re not going to make a big deal out of it.”  The message of allowing turnstile cheats to get away with a citation—which they will never pay, of course—is that small thefts don’t matter either.  Cheats and crooks can reliably  be expected to see how much they can get away with stealing without real punishment, and the Mark-Viveritos in our various governments can be counted on to keep letting the standards slide.

Oh yes, she is not the only one. They are legion.

The amazing thing is that we all saw where her approach led in the Seventies. New York City became filthy and dangerous, tourists and business started to stay away, crime exploded and people died. It will lead there again, too. This is the inevitable result when elected officials regard their primary duty as serving the interests of law-breakers and the habitually unethical rather than honest, fair, responsible citizens.

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Pointer: Res Ipsa Loquitur

Facts: New York Post

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts, and seek written permission when appropriate. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, credit or permission, please contact me, Jack Marshall, at jamproethics@verizon.net.

 

“Jaws” Ethics: A Real Life Larry Vaughn Models Rationalization #49, “It Would Have Happened Anyway”

Jaws

Wait, I’ve seen this movie!

From the Associated Press:

OAK ISLAND, N.C. (AP) — The mayor of a coastal North Carolina town where two young people were severely injured in shark attacks this weekend says she doesn’t think emergency workers had enough time between incidents to close the beaches. A 12-year-old girl was attacked just after 4 p.m. Sunday in Oak Island, and a 16-year-old boy was attacked less than two hours later about two miles away. The girl lost part of her arm and suffered a leg injury. The boy lost his left arm…

Beaches were open for the two-hour stretch Sunday but closed after the second attack.

Oak Island Mayor Betty Wallace told The Associated Press on Monday that she didn’t think that gave workers enough time to decide to close the beach between attacks. …Wallace says that even if the beach had closed after the first attack, the order might not have extended to the area of the second incident.

It was unclear whether the same shark attacked them…

The beaches were open Monday, with a boat and a helicopter patrolling the water.

OK, I know what happens next! The helicopters spot a fin in the water, and there’s a panic on the beach, and it turns out to be two kids with snorkels and a fake shark fin. The younger boy points to his brother and says, “He made me do it!” Meanwhile, the Great White goes over to the lagoon and bites the leg off a guy with a bad fake Boston accent.

If, as I suspect, Mayor Wallace is Amity Mayor Larry Vaughn come to life from “Jaws” and identifying as a woman as well as disguising herself accordingly to get another job as a resort town mayor—which means that she is a woman, of course—then old Larry sure has a flat learning curve. On the other hand, if Mayor Wallace isn’t Larry Vaughn, someone needs to make her watch “Jaws,” quick. Is it unethical—irresponsible, negligent, incompetent— for any Mayor of a coastal town not to be aware of the lessons of that film?

I think so. Continue reading

Announcing Two New Rationalizations: #24 “It’s My Right!” and #36 A. “You Were Warned”

yield_right_of_way_

The discussions on two recent posts revealed more holes in the Ethics Alarms Unethical Rationalizations List, and these two new additions fill them. I know there are more. #24 will take the place of the current #24, “The Free Speech Confusion,” which is now 24 A. It is properly a sub-rationalization of the new #24. #36 A is a new sub-category of #36, Victim Blindness, or “They/He/She/ You should have seen it coming.” Continue reading

Comment of the Day: “Ethics Quiz: The Worst Grandmother of the Year”

"If the only tool you have is a hammer, every kitten looks like a nail..."

“If the only tool you have is a hammer, every kitten looks like a nail…”

The Ethics Quiz concerning the grandmother who disciplined the children under her charge by killing a cat and her kittens with a hammer prompted a superb thread with many able participants. It also explored many rich ethics topics—child abuse, animal abuse,  property, child-rearing, discipline, punishment, law vs. ethics, and more. The entire thread is well worth reading, and it also generated a Comment of the Day that summarized and expanded on the themes and issues discussed. texagg04 has provided several COTD, but I don’t know if any have been better than this one. As a bonus, tex’s comment has persuaded me that I need to add another rationalization to the list. That should be up later today.

Congratulations and thanks to all the Ethics Alarms readers who weighed in so thoughtfully on this story. Tex’s honor here is in part yours as well.

Here is his Comment of the Day on the post, Ethics Quiz: The Worst Grandmother of the Year:

Continue reading

Legal But Not Ethical: Sex With A Demented Spouse

Rayhons

In Iowa, a jury has found longtime Iowa state lawmaker Henry Rayhons not guilty of sexually abusing his wife by having sex with her at a nursing home. A doctor had told Rayhons that she had advanced Alzheimer’s disease. and was  no longer mentally capable of consenting to sex.

At the trial, Assistant Attorney General Tyler Buller told jurors  that Donna Rayhons’ Alzheimer’s disease had worsened in the months before last May’s alleged incident of unconsented sexual intercourse by her husband. She had washed her hands in dirty toilet water, Buller said, forgotten how to eat a hamburger and thought her first husband was still alive. Dr. John Brady later testified that Donna Rayhons had severe dementia, and thus any positive reaction to her husband’s physical advances could be termed a “primal response” at best. Brady testified that Donna Rayhons’ cognitive capacity had declined dramatically in the months leading up to the alleged offense. He explained that she had been diagnosed with Alzheimer’s based on several tests, including  a standard cognitive procedure in which patients are asked simple questions. By  May, Brady said, Donna Rayhons scored a zero on that test, and any score below eight indicates severe impairment, he said.

On his blog, the Volokh Conspiracy, Prof. Eugene Volokh makes a valiant effort to justify, excuse, or perhaps be compassionate regarding a man having sex with his wife after she has forgotten who he is or even what sex is. He argues, Continue reading

Attack Of The Ethics Dunces: No, There Is Nothing Wrong With North Carolina’s State Ethics Commission Ruling On Sex With Lobbyists

gumbies2

Ah, how close I came to writing, “No, you morons…”!

The headline nearly was “Unethical Website of the Month: Addicting Info.” This pathetic site surely deserved it. It’s headline was:

North Carolina Legalizes Call Girls For Politicians

After a few smart-enough-to-know-better-but-apparently-having-an-off-day Facebook friends posted links to this crap with expressions of horror, I checked it out, assuming it was a hoax. Well, it wasn’t a hoax, exactly, just a dishonest, misleading, sensational bit of link bait. That’s not what the story is about.

Equally dumb but not quite as dishonest was the Daily Beast, which headlined its incompetent story...

North Carolina Lobbyists Can Officially Screw Politicians Legally.

What’s wrong with this one? It also has nothing to do with the facts of the story, and if you think about it, is as reasonable a headline as Annie Says The Sun Will Come Up Tomorrow. There is no place anywhere in the United States of America where it is illegal for adults in any occupation to have consensual sexual relations with any other adult regardless of his or her occupation. So, to put it in the crude, also link-baiting terms of the Daily Beast—stay classy, you left wing hacks!-–all of these are also accurate: Continue reading

Comment of the Day: “Someone Explain To Senator Tillis That It’s Unethical To Make People Sick On Principle”

hand-washing

Refusing to rest on his laurels, recently crowned Ethics Alarms “Commenter of the Year” texagg04 delivers a helpful, clarifying, erudite examination of the balancing process brought into play with the regulation of businesses for health and safety reasons. Here is his Comment of the Day on the post “Someone Explain To Senator Tillis That It’s Unethical To Make People Sick On Principle”:

Let’s unpackage this.

Purchasing Products and Services

When we buy a product or service, we don’t just buy the end result. We buy a long string of tasks leading up to that final product and sometimes we buy even more things than just the final product*. In this instance, that doesn’t just mean the food on your plate, as tasks, upon deep consideration are actually HUMONGOUS things that are composed of the Time necessary to complete, Material either used up in preparation or as a component of the end item, Personnel Knowledge needed to perform, Equipment which facilitates, and Space needed to complete the task.. You don’t purchase just the food. You purchase the time and care EACH employee puts into the process. From Day 1, you purchase the time a procurer makes a deal with a vendor OR personally hand selects the ingredients of your meal. You purchase the time and quality of the food storage in the pantry/refrigerator. You purchase the chef’s level of knowledge. You purchase the time he devotes to ensuring the burners are a certain temperature. You purchase the manager’s level of knowledge in keeping things efficient and cost effective. You purchase EACH AND EVERY action the server takes that could affect the final, tangible product or service. Continue reading

Someone Explain To Senator Tillis That It’s Unethical To Make People Sick On Principle

Thom Tillis

Where do Republicans find these people?

Tillis said he was then asked whether he thought establishments serving food shouldn’t be required by law to have employees wash their hands after using the restroom, and that means using the bathroom in ways that require them to handle their genitals and be in close contact with urine and fecal matter. (Sometimes euphemisms just won’t do.)

Tillis said he responded that that would still be preferable to having the government dictate policy, saying ‘”I don’t have any problem with Starbucks if they choose to opt out of this policy as long as they post a sign that says “We don’t require our employees to wash their hands after leaving the restroom.”

Then, he said, the market would work.

Sen. Tillis was serious.

Did I already ask where Republicans find these people? How about why they find these people? Or why anyone with sufficient IQ to play a can of okra to a draw in Stratego would vote for these people?

So we must conclude from this hilarious anecdote that this high-ranking Republican doesn’t just oppose excessively burdensome regulations, but even regulations requiring conduct that no sane and responsible person could possibly oppose, because it is preferable as a matter of ideological principle for the almighty market to work its magic instead, however long it takes and however much projectile vomiting results in the meantime. Right, Senator? And if it takes three, or ten, or a thousand instances of serious illness or death for the “How about some bacteria with your muffin?” establishments to be run out of business, well, that’s just the price of freedom.

I don’t even know if “unethical” is an accurate description of this position.. It passes irresponsible, laps it ten times, and goes right on to insane. Will there be regulations requiring that sign telling customers that they can expect the delightful taste of turd with their meals be printed in large enough type to read? Or mandating that it be on all pages of the menus, and not on the back? Well, that would be silly: if you are going to pass a law about having to inform your customers that you hire human pigs as cooks and servers, you might as well just pass the law saying they have to wash their hands, and that’s an affront to liberty. So we should also let the market favor the restaurants with servers dripping urine from their fingers that prominently warn diners about their yellow food enhancement over those who put the information in fine print on the napkins. That seems consistent with Senator Tillis’s principles.

Hey, how about dental hygienists? Should they have to wash their hands or wear gloves? If a patient gets sick and dies because they missed seeing the sign, does that bar a lawsuit? It might, since there was a warning, like on cigarette packages. Should laws make nurses and hospital employees wash their hands? Presumably Tillis wants the market system to work in hospitals too, wouldn’t you think? My mother was in the hospital for a minor urinary infection, some employee didn’t wash his or her hands, and she was infected with a bug that ate her colon away and killed her. I have to say, Tillis is right, though: the market system works; I won’t send my mother to that hospital again.

Of course, I don’t have a mother now.

After the session, the moderator joked to Tillis, “I’m not sure I’m gonna shake your hand.” HAHAHAHAHA!!! Funny! What isn’t funny is that we elect people as doctrinaire, rigid, dim-witted, smug and dangerous as Thom Tillis to make our laws and protect our health, safety and welfare, elected officials who really think American citizens dying unnecessarily is less of of a burden on society than reasonable government regulations.

The rule often cited here is “When ethics fail, the law takes over.” “When ethics fail, the market takes over” is not a rule, because the market doesn’t care about right and wrong.

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Facts and Graphic: Talking Points Memo

 

Criminal Charges For Web-Shaming? Sure.

Gee, I wonder why that kid is a bully?

Gee, I wonder why that kid is a bully?

Police in Winter Garden, Florida have arrested and charged Christle Prado and her, ah, “roommate” for forcing her 10-year-old son to wear a dress, and then posting photos on Facebook to humiliate him. Discipline, you see; he had wet his bed.

The model mom and Keith Driscoll were charged with cruelty toward children and infliction of mental injury on a child.

Good.

I’ve written about web-shaming children before, and characterized it as child abuse, which it is. A maxim here is that when ethics fail, the law must take over. It is a poor second option, but for this couple and those like them, including the parents of the boy in the photo to the left, it is a necessary and an ethical one.

Police learned about the abuse after one of the boy’s relative saw posted photos of the boy dressed as a girl and wearing makeup. He was crying. I wonder how many of Prado’s friends “liked” those photos on Facebook? Prado told police that Driscoll came up with the idea to dress her son like a girl as a way to discipline him, went along with it because she “did not want to cause problems with her living situation.”  Oh, well, that’s all right then, ma’am—you can go now. Driscoll, you see, is her sleep-in landlord.

Yechhh. I wonder what else she’ll do to her son to keep that cozy relationship peaceful? Cigarette burns? Whipping? Water-boarding?

The child cruelty charge is a second-degree felony. I’m all in favor of expanding such charges to apply to the parents who post photos of children holding signs that read “I pooped on the floor” and other self-incriminating screeds compsed by mom and dad, even those who aren’t doing it to interfere with their sex-for-rent arrangements. In fact, I’d expand it to include those Jimmy Kimmel fans who make YouTube videos of their children crying because their Christmas gift appeared to be old sweat socks or broccoli, in the hopes that Jimmy will make their exploitation of their own kids go viral. (An excellent discussion of everything that is wrong with child-shaming on the web can be found here.)

Using the web to humiliate your powerless children—forever, remember—is wrong, but if parents are so stupid, cruel and ethically inert that they can’t fathom this basic Golden Rule principle, it should be illegal too.

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Pointer: Fark

Facts: WFTV

Continue reading