responsibility

Yet Another Consequentialism Lesson From Baseball

/ Jack Marshall / 3 Comments
It's for your own good, kid.

It’s for your own good, kid.

Consequentialism is the ethical fallacy of  judging an action right or wrong according to its ultimate effects, which are unknowable at the time the decision is made. This is, essentially, the equivalent of a “the ends justify the means” philosophy applied as a backward-looking tautology: if the end result turns out to be desirable, then it  justifies the means and the act was ethical. If the ends are undesirable, then the conduct was wrong unethical. People do tend to think to think this way, which is why decisions that don’t work out are frequently called mistakes. Conduct is not a mistake, however, if it was the best possible decision at the time, arrived at logically and according to sound principles.

Sports, and particularly baseball, reinforce the adoption of consequentialism, which is one way sports can make people stupid….especially sportswriters, who love to second-guess managers, players and coaches by using hindsight bias: it’s easy to pronounce a decision a mistake once you already know its results. Easy, and unfair.

On Saturday afternoon, Washington Nationals manager Matt Williams punished his 21-year-old star outfielder Bryce Harper for not running hard to first base on a ground ball tapper back to the pitcher in the top of the sixth inning. The punishment Williams levied was Old School: Williams benched the young player—just like Joe Cronin did to Ted Williams in 1939 and 1940–sending the message that either you hustle and play hard, or you don’t play, no matter how good you are. This is his duty as a manager, a leader, a mentor and a teacher, and it makes a vital statement to the entire team. Continue reading →

An Unethical Website, Golden Rule Malpractice And The Worst Anti-Bullying Program Ever

/ Jack Marshall / 83 Comments

 Izzy

bully2buddy logo

The Golden Rule is a valuable ethics tool. No question about it. Its best feature is that it compels an ethical point of view, causing us to think about the impact of one’s conduct on others. This simple shift of perspective—that’s the other virtue of the Golden Rule: it’s simple; a child can understand it—-distances us from the powerful ethics alarms-muffling effects of non-ethical considerations, which are primarily our subjective wants and needs, and forces us to look past them to more ethical objectives.

The Golden Rule is not, however, a panacea, or even the most useful ethical system. It doesn’t work in complex systems , or when multiple inter-related interests are involved, or when chaos looms. You can’t run a successful business, organization or nation using only the Golden Rule; you can’t have a coherent legal system, or the rule of law, or a banking system. Yet there are a lot of people, many of them with advanced degrees, best-selling books and millions of followers, who continue to practice Golden Rule malpractice and preach that it will solve all society’s ills, despite the fact that the most cursory examination of history and human nature makes it blindingly clear that much as we would wish it otherwise, this just isn’t true. Some of these people are well-meaning, good-hearted chumps. Some are insane. Many are fanatics. Some of them are con-artists. All of them are dangerous.

The latter was illustrated when the fifth-graders in Lincoln, Nebraska’s Zeman Elementary School received flyers on how to deal with bullying. (To get the side issues this blog deals with periodically out of the way at the outset, the incompetent and naive advice the flyer contained is one of an endless number of examples of how the education establishment is inadequately trained, staffed and regulated to be trusted with the welfare of young children, and how any parent who blithely entrusts their offspring to public schools without monitoring them closely is irresponsible, because teachers and school administrators cannot be trusted to exercise good judgment.) The flyer contained some “rules” for bullied children to apply after and during bullying episodes. The flyer was disavowed after the Lincoln, Nebraska school system’s Facebook page melted from the abuse poured on it by shocked and disgusted parents, and so far, at least, nobody has transcribed all of what is barely readable on this photo of it, and I don’t see or type well enough to do it myself: Continue reading →

John Paul Stevens’ Gilbertian Nonsense

/ Jack Marshall / 19 Comments

 

The Lord Chancellor-Stevens

A rather long preface is in order. Bear with me, please…

In the great, underperformed Gilbert and Sullivan operetta “Iolanthe,” W.S. Gilbert, a lawyer by training, devised a satirical judicial solution to a dire turn in the plot. Iolanthe, a fairy, violated Fairy Law by marrying a mortal, who happened to be the Lord Chancellor of England (he never noticed her wings, apparently.) The transgression commands the death penalty, but Iolanthe received a pardon on the condition that she allow her husband to think her dead, which she does for a couple of decades, much of which she spends doing penance at the bottom of a froggy stream, on her head.…but I digress.

When she learns, however, that her husband of yore is about to marry the sweetheart of her half-fairy son, who, though the Lord Chancellor doesn’t know it, is also his son, Iolanthe reveals herself and the paternity to the Lord Chancellor, who is duly stunned. This again triggers the death penalty and just minutes away from the finale, it looks like Iolanthe is going to end up like Carlo in “The Godfather,” as the fairy equivalent of Clemenza waddles on to the stage. (That’s how I would stage it, anyway.) Then this happens: Continue reading →

Autonomy: The Ethics Alarm That Obamacare Should Be Setting Off, But Isn’t

/ Jack Marshall / 53 Comments

fire_alarm

Autonomy. This is the ethical value, a sub-set of the “respect” section of the Josephson Institute’s Six Pillars of Character, that is suddenly absent from the value set of the New American Left. This is cause for concern to say the least, because autonomy is the very value that was the impetus for the nation’s founding, and that is at the core of the Bill of Rights as well as the “inalienable rights” that introduce Mr. Jefferson’s mission statement for our strange experiment in self-governance. Beginning back in Bill Clinton’s administration, advocates of a nationalized health care system, including President Clinton himself, began floating the historical and logical nonsense that Jefferson and the Founders would have enthusiastically supported national health care. This is, of course, a cynical lie if one is educated (as it was in Clinton’s case) or proof positive of complete unfamiliarity with, oh, everything about the Founders, their political philosophy, and political philosophy generally. Whatever the value of a national health care program, the idea that the government would presume to dictate how one managed something so personal and intimate as one’s own health would have horrified  every signer of the Declaration, from its author to Button Gwinett.

That Mr. Jefferson’s supposed followers—he is the Original Democrat, by most lights, would reach the point of maintaining that the public’s beliefs, opinions and attitudes must be bent to their will is a development that threatens the existence of United States society and culture as we know it. The recent flare in this emergency arrived via the mugging of Brandon Eich, ex-CEO of Mozilla, who was deemed by the liberal elite as unworthy of keeping his job (though Mozilla is an internet company and he is an innovator in the field) because he was not convinced of the rightness of same-sex marriage by the elite’s newly determined, and well past,  deadline—a deadline that such progressive icons as Barack Obama and Hillary Clinton also missed, but never mind. Conformity to Progressive Truth has become the order of the day, and woe be to any good citizen who dares to oppose it. Does this sound like freedom to you? “Choice,” to use a popular rallying cry in the protest against the “War against Women?” It doesn’t sound like freedom to me. Continue reading →

Ethics Quiz: The “You Stink” Farewell Retirement Party Speech

/ Jack Marshall / 20 Comments

retirement-pocket-watch

As reported by Bloomberg and Above the Law, James Kidney, an SEC enforcement lawyer who had worked at the agency since 1986 (with a four year hiatus in the private sector) favored his retirement party with a fiery speech telling his colleagues what a lousy job they do.

The SEC has become “an agency that polices the broken windows on the street level and rarely goes to the penthouse floors,” Kidney said“On the rare occasions when enforcement does go to the penthouse, good manners are paramount. Tough enforcement, risky enforcement, is subject to extensive negotiation and weakening.”

Kidney accused SEC manager of being  focused on getting high-paying jobs after their government service rather than on bringing difficult cases. “I have had bosses, and bosses of my bosses, whose names we all know, who made little secret that they were here to punch their ticket,” Kidney said. “They mouthed serious regard for the mission of the commission, but their actions were tentative and fearful in many instances.”

He accused his soon-to-be former employers of having little interest in “afflicting the comfortable and powerful,”and condemned the agency for massaging  statistics to burnish its reputation. There was more. We only know of Kidney’s comments from notes; there was no video or formal transcript.

Your Ethics Alarms Ethics Quiz today:

Was Kidney’s farewell speech ethical?

Continue reading →

Unethical Quote of the Month: Jeb Bush

/ Jack Marshall / 21 Comments

Well , there goes the "smart Bush" theory...

Well , there goes the “smart Bush” theory…

“Yes, they broke the law, but it’s not a felony. It’s an act of love.”

—-Former Florida Governor Jeb Bush, in comments about illegal immigration delivered at an event the George H. W. Bush Presidential Library,.

The statement by Jeb Bush has its sunny side, I suppose: with any luck, it should ensure that we don’t have a Bush-Clinton contest in 2016. Maybe that was Jeb’s intent. Otherwise, his comments are irresponsible attacks on the rule of law, common sense, fairness and national sovereignty.

The whole, mush-headed, contradictory, absurd quote:

“There are means by which we can control our border better than we have. And there should be penalties for breaking the law.But the way I look at this — and I’m going to say this, and it’ll be on tape and so be it. The way I look at this is someone who comes to our country because they couldn’t come legally, they come to our country because their families — the dad who loved their children — was worried that their children didn’t have food on the table. And they wanted to make sure their family was intact, and they crossed the border because they had no other means to work to be able to provide for their family. Yes, they broke the law, but it’s not a felony. It’s an act of love. It’s an act of commitment to your family. I honestly think that that is a different kind of crime that there should be a price paid, but it shouldn’t rile people up that people are actually coming to this country to provide for their families.”

Seriously, Governor?

Continue reading →

Worst Loving Parents Of The Year…I Hope

/ Jack Marshall / 83 Comments
The Sailing Kaufmans. Make that the Sinking Kaufmans. The Stupid Kaufmans?

The Sailing Kaufmans. Make that the Sinking Kaufmans. The Stupid Kaufmans?

Last month, I wrote about the burglar who brought his infant offspring along with him on a job, which is to say, a burglary. It is fair to say, and thus I am saying, that San Diego parents Eric and Charlotte Kaufman, presumably known as “The Sailing Kaufmans” in honor of “The Biking Vogels,” make that burglar look like the Huxtables from “The Cosby Show.”

Oh, they are loving parents I’m sure, just like the doting professionals played by Bill Cosby and Felcia Rashad in the iconic sitcom. The problem is that they don’t have the sense bestowed by nature on the average adult lemur. Mom and Dad Kaufman brought their 1-year-old daughter Lyra and her 3-year-old sister, Cora along with them as they embarked in March on the great adventure of sailing across the Pacific as the first leg of a planned circumnavigation of the globe.

In a 36-foot sailboat.

Alone.

With a toddler.

And an infant.

Morons.

Continue reading →

Further Thoughts On “The Vampire Candidate”

/ Jack Marshall / 90 Comments

dracula for congress

I don’t want to make this Vampire Day, but after reading the comments so far on today’s Ethics Quiz involving Florida Congressional candidate/ fantasy vampire role-play enthusiast Jake Rush, I realize that the original post omitted some important points and queries. Here, in no particular order, are my further thoughts:

  • The Ick Factor? Both conservative and liberal commentators are ridiculing Rush, essentially concluding that his hobby disqualifies him as a serious candidate. The most quoted source referred to the images embraced by Rush’s role-playing group as “disturbing,” “bizarre,” and “unsettling.” Do these reactions signal a rejection of Rush’s values, or is this a clear-cut example of the “Ick Factor,” which is often mistaken for unethical conduct? Strange does not mean wrong or unethical.
  • Trust. When we elect leaders, we must trust them. “Strange” by definition suggests unpredictability; if we don’t understand why people do what they do, it is hard for us to know how they will behave, and if we don’t know how they will behave, we can’t rationally trust them.
  • Integrity. I should have raised the issue of integrity, for it is critical to the problem. Integrity is essential to trust, and a candidate like Rush raises the question: “Who, or what, is this guy?” Is he a “straight-shooting” conservative who likes to play vampire in his spare time, just like some politicians like to play poker or watch synchronized swimming (now that’s what I call weird), or is he a wannabe creature of the night who is just playing a conservative Republican in the daytime to conform to the expectations of conventional society? If there is doubt about that, then his integrity is in question.

Continue reading →

Ethics Quiz: Trust and the Vampire Candidate

/ Jack Marshall / 85 Comments

jake-rushConservative Republican candidate Jacob A. Rush, a 35-year-old attorney, has begun a campaign in Florida’s 3rd Congressional District to win the primary against incumbent U.S. Rep. Ted Yoho, a Tea Party stalwart seeking a second term. Rush’s campaign website portrays  him  as a “conservative straight shooter,”and he may indeed be that. A Florida blog uncovered the fact that Rush is also, however, a long-time member of the Mind’s Eye Society,  “a nationwide community of gothic-punk role-players who take on the personas of vampires and other supernatural beings” for fantasy battles “against their own bestial natures, hunters, and each other.”

It’s all fun and games with improvisational theater tossed in, though with a decidedly adult set of themes. Rush liked ( likes?) to play a character named “van de Winst”, a lusty vampire, and photos of the lawyer were found on the web showing him and/or members of his club, playing vampire,  burning books, aiming shotguns at dogs, pretending to be demons, displaying Satanic symbols, being chained and gagged…you know, that kind of thing. Fun stuff.

After this all came out—how could he think it would not?—Rush explained in a press release:

“All my life, I’ve been blessed with a vivid imagination from playing George Washington in elementary school to dressing up as a super hero last Halloween for trick or treaters. Any cursory review of the Internet will show that I have played heroes and villains…. I have never hid nor shied away from disclosing my hobby activities. When I was hired at the Sheriff’s office, I fully disclosed my gaming and theatre background on the application, and these hobbies posed absolutely no problem or raised any flags. In fact, when applying for undercover work, these hobbies were considered an advantage, so much so my shift lieutenant nicknamed me ‘Shakespeare.'”

And he included this photo of him and his wife…

Rush and wife

…wisely choosing not to send this one:

Rush vanpire

WOW.

And thus your Ethics Alarms Ethics Quiz for today is….

Is it  Jacob Rush’s unusual personal hobby relevant to his ability to serve in Congress?

Continue reading →

The “Too Handsome To Rape” Defense

/ Jack Marshall / 31 Comments
Sharper, Mathis, Ted Bundy.

Sharper, Mathis, Ted Bundy.

For whatever reason, there have been a lot of attacks on the legal profession lately—and some from within the legal profession—because of so-called “disgusting” and “frivolous” arguments by lawyers who are zealously representing their clients. These range from outrage over the so-called “affluenza” defense (which, it apparently does no good to point out, was explicitly rejected by the judge in that case), to the law suit against the Glendale, California memorial to women forced into sexual slavery by the Japanese in World War II, to the argument that Red Sox broadcaster Jerry Remy was complicit in his son’s allegedly murdering his girlfriend because Remy hired a lawyer who mounted a vigorous defense in the son’s earlier domestic abuse arrests.

Lawyers are ethically obligated to advance whatever non-frivolous arguments and theories that are most likely to achieve their clients’ objectives, whether it is avoiding prison or rationalizing the crimes of the Japanese army. That is their job and societal function, and it is essential to our avoiding a jack-boot system where any of us could be thrown in jail by popular opinion or government edict. The laws are there to be used by every citizen, even when the citizen’s objectives are unethical, or when the citizen is a cur.

Our rights are all protected well by this principle, and it’s high time we stopped bitching about it.

Undeterred by this, however, yet another defense attorney is being savaged in the news media and blogosphere, as well as by women’s rights advocates, for making an argument in defense of his client that they find offensive. In Georgia, Darriuos Mathis and his legal team are making the argument, among their efforts to show that the evidence against him is not sufficiently conclusive, that Mathis is too attractive--fit, handsome, sexy– to have to resort to kidnapping and raping a 24-year-old woman two years ago, which is what he charged with.

Continue reading →