“Social Q’s”

“Why Aren’t People Ashamed To Ask A Question Like This?,” The Sequel

/ Jack Marshall / 12 Comments

In this post from yesterday, I asked the question in the headline regarding a woman who wondered whether it was ethical to dump her dog-walker because a friend claimed that she had posted insufficiently woke opinions on social media. I have a question to top that one now. On “Social Q’s,” the New York Times weekly advice column on manners and social interaction dilemmas that I seldom read any more because of columnist Phillip Gallane’s addiction to gratuitous partisan talking points, a question from “Anonymous” caused me to do a spit-take at breakfast. Here it is:

“A few days ago, while I was driving home — way below the speed limit! — the neighbors’ dog darted into the street. (It looked like he was chasing something.) I slammed on my brakes and felt a thud. I got out of the car and saw that I had hit the dog. He was dead. I carried him to my neighbors’ house, but no one was home. So, I left him on the doorstep. I was going to write a note, but I chickened out. Now, the neighbors have posted signs around the neighborhood asking if anyone knows what happened. I feel terrible! Is it too late to speak up?“

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Social Q’s Ethics: The Good, The Bad, And The Stupid

/ Jack Marshall / 2 Comments

I mentioned earlier that I had stopped checking New York Times  Sunday advice column “Social Q’s” because its author, Phillip Gallanes, had apparently received the memo from Times brass so his advice and choice of queries were now primarily “woke” propaganda. However, reading material in our bathroom was recently in short supply, forcing me to peruse two recent Gallanes columns in which there was one interesting ethics issue raised, and two others that were a perfect examples of where Gallanes’ biases make him an untrustworthy advice columnist.

1. The photograph: The interesting issue regarded a daughter whose parents had recently died, and who was shocked that a valuable photograph was not directed her way in the distribution of the estate. It was, she said, second only to the parents’ home in value, and had appreciated in value greatly in the decades since it was given. Didn’t she have a right to get the photo, since she had given it in the first place? Wasn’t it unethical for the parents to treat it like the rest of their estate?

Gallanes properly pointed out that there was no basis for her assumptions in law or ethics. There are no strings attached to transfers of property unless they are made explicit at the time of the gift. What a cumbersome societal norm that would be: an estate is obligated to figure out the original source of every object of value and make sure they return to the original giver! What Gallanes didn’t say, and I would have, is “Who are you kidding? You want the valuable item, and have concocted a phony justification for claiming it.”

2. The vote. Another Social Q’s questioner wrote,

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Saturday Ethics Warm-Up, 8/12/2020: Remembering Boston Busing; Deriding BLM Lawn Signs And The Smug Bias They Represent

/ Jack Marshall / 5 Comments

I remember this date, all right. I was scheduled to do a three hour CLE legal ethics seminar in Rhode Island on the 13th, and all the flights were cancelled. The bar association assumed I would cancel too, but I’m a “The show must go on” guy, and I said, “I’ll be there if I have to drive all night.” And I drove all night.

1. This date also had significance in the history of misguided utilitarian solutions to the problem of racial disparities. In his June 1974 ruling in Morgan v. Hennigan, U.S. District Judge Arthur Garrity held that Boston’s geographically segregated public schools created de facto school segregation that discriminated against black children. He ordered the busing of African American students to predominantly white schools and, punishing innocents for “the greater good,”  white students to black schools. Forced busing  began on September 12, and  was met with massive protests, particularly in South Boston, the city’s main Irish-Catholic neighborhood. Protests continued unabated for months, and many parents, white and black, kept their children at home. In October, the National Guard was mobilized to enforce the federal desegregation order.

The rest of the story: Boston’s draconian and unfair busing plan lasted for fourteen years, and (those who fail to learn from the mistakes of the past are doomed to repeat them) didn’t work. Racial divisions were exacerbated, parents pulled their children out of public schools, and many families moved to the suburbs. Continue reading →

End Of The Day Ethics, 4/24/2020: A Curse, A Whorehouse, And The Grim Reaper

/ Jack Marshall / 31 Comments

Yay.

Another weekend…

1. Nah, there’s no news media narrative coordination! Twitchy has pointed out the remarkable conformity of language regarding the Joe Biden sexual assault accusation. Last week, CNN reported that Democrats are “grappling with questions” about Tara Reade’s allegations. This week:

Politico: “The movement is facing a new challenge: how to grapple with the allegations against Joe Biden without tearing itself apart.”

Jake Tapper on Twitter: “Democrats grapple with questions about Tara Reade’s sexual assault allegation against Joe Biden…”

Jeremy Scahill at the Intercept: “My aim in writing this piece was to put into words what many principled people are grappling with right now, not to tell anyone what to do. Recognizing and understanding the problem helps us all decide what we believe is right…”

Mother Jones: “Sexual Assault Advocates Are Grappling With the Allegations Against Joe Biden”

All independent, objective journalists, of course…talking points? What talking points?

2. This “sharing a life” concept seems to be beyond you…over at Social Q’s a woman who is living with her boyfriend to ride out the pandemic complains, “He eats significantly more than I do, including some foods I don’t touch. Still, we split the grocery bill, and I am paying significantly more for food than usual. How should I handle this?” Columnist Phillip Gallanes’ advice is impeccably ethical:

Try stepping back and looking at the bigger picture…Sure, he eats more than you, but are you twice as messy (while sharing cleaning duties equally)? Do you watch three times as much Netflix (but split the bill in half)? And I haven’t even touched on emotional labor yet. ..if you want your partnership to survive even after we’re set free again, consider all the contributions each of you makes.

Nice try, Phil, but I’m guessing that question is signature significance, and the relationship is doomed. Continue reading →

Exactly How Much Are We “All In This Together”? The Golden Rule Vs. “Look Out For #1”

/ Jack Marshall / 30 Comments

Well it’s 4:30 am again, and once more an issue encountered right before bedtime has pushed me into insomnia.

I wish I could blame Philip Galanes, as it was a question in his advice column Social Q’s that got my ethics alarms ringing, but I should have been thinking about this one as soon as the pandemic response entered the social isolation phase. It’s not only a difficult ethics issue but an important and a classic one.

In “The Diary of Anne Frank,” we learned that the four member Frank family hid from the Nazis in a two floor secret annex in  Otto Frank’s office building. Soon after going into hiding, the group almost doubled with the addition of three members of the van Pels family, and still later, a dentist, Fritz Pfeffer, called Albert Dussel in the diary, was admitted to the group. Pfeffer was a stranger to the Franks, but the family dentist of Otto Frank’s employee Miep Gies (the heroic caretaker of the Franks and their secret ally)  and the van Pels. Adding Pfeffer strained the food supply and the living arrangements as well as increasing the risk to all, but nonetheless, the group accepted him.

An inquirer asked Galanes,

A couple of weeks ago, before Covid-19 exploded in New York, a close friend asked if she and her husband could leave Manhattan and stay with us at our home in Bergen County, N.J. It was a tough question to have asked of me, but I decided it was the right thing to do. I told my friend they could come. For other reasons, they didn’t. Now, she’s asked again. They’re really scared! I’m not sure what to do. My husband has asthma, they would have to share a bathroom with my cranky 19-year-old son, and I am helping my elderly mother who lives nearby (contact-free). Any advice?

His advice was to keep her out, and to expect the friends to be hurt by the decision.

There are missing details here, like the size of the house, which could make a huge difference in assessing risk. Some might ask other questions, like “Exactly how good a friend is this?” That would lead inexorably to other questions: “Would the answer be the same if it was a relative? An ex- lover? How about someone to whom the questioner owed a debt of gratitude? What if she offered to pay a lot of money? Would the same answer be as justified if the couple want to send  only their child? Two children? Continue reading →

Dead Wrong: The Withdrawn Bequest Share

/ Jack Marshall / 5 Comments

That is, the advice columnist’s answer to an easy ethics question last week was dead wrong.  Once again, the advice-giver in question is Philip Galanes, the Times proprietor of Social Q’s, essentially that paper’s version of “Miss Manners.” Galanes, I now see upon googling him, is a novelist and a lawyer. That explains, perhaps, his unfamiliarity with some of the more nuanced aspects of ethics. Here’s the question he received in its entirety:

My brother died last year and bequeathed his entire (small) estate to me. He had one child, a daughter, to whom he left nothing. Feeling sorry for her, I told my niece I would give her half of the estate. (None of this becomes official until April.) But my circumstances have changed dramatically. My husband was recently diagnosed with pancreatic cancer. He is undergoing treatment, but we face a very uncertain financial future. I would now like to keep the entire estate. My niece is doing well financially, with many earning years ahead of her, unlike me. Is there a way to tell her I’ve changed my mind so she won’t hate me forever?

The Social Q’s verdict: “…Say, ‘I’m sorry if your father’s will hurt you. I promised you half of my inheritance out of love for you and hoping to heal any pain the will caused. But my husband is seriously ill, and I can’t afford to give you the money now. If I can make it up to you later, or in my estate, I will do it.’….For readers worrying about a verbal contract here, let’s assume B’s promise falls into one of several exceptions that requires agreements to be in writing….”

Yeccchh.

Here’s the ethical answer: Continue reading →

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

/ Jack Marshall / 16 Comments

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 →

Ethics Warm-Up, 1/6/2020: On The Eve Of Destruction Edition!

/ Jack Marshall / 30 Comments

ARRGH! WE’RE DOOMED! DOOMED!

Just kidding.  I’m sure I’ve mentioned Barry McGwire’s hilariously overwrought rendition of P.F. Sloan’s silly lyrics before. Everyone should listen to this song every few months or so to remind them that we were pronounced doomed 55 years ago, yet here we are. The lack of historical perspective and general knowledge about the real world of geopolitics is driving so much of the over-heated laments we are hearing and reading—I think laughing is a better response that rolling one’s eyes, but I’m open to being convinced otherwise. Yes, sometimes leaders and countries have to draw red lines, and it is always best if the world believes them when they do. It never believed Barack Obama.

1. Fake news, headline-style...Yesterday, the New York Times headline, in bold,  “this is really important!!!” point type, told us that Trump’s military advisers were “stunned” at his decision to kill Iran’s head terrorist. Oh, no! His decision was surprise? Tt came out of the blue? They had recommended against it? Well, no. The story under that intentionally misleading headline says that the President was presented with several options, and the pros and cons of all were discussed. They expected him to choose one of the other options, that’s all. “Stunned” carried negative implications that the facts didn’t warrant, so naturally that’s what the Times editors chose. All the better to undermine trust in the President.

2. Not all celebrities are America-hating dolts:

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Morning Ethics Warm-Up, 11/18/19: Complainers, Climate Hysterics, Tiny Tims And Fake News

/ Jack Marshall / 25 Comments

Good morning!

Good news! You won’t be thinking I’m dead any more, at least not until I am.  The combination of some complicated travel itineraries and the death of my laptop resulted in uncharacteristic interruptions of the dialogue here, twice causing soem readers to speculate on my demise, or at least incapacity. No, it was just that budgetary priorities made replacing the travel computer a bit less urgent than things like a new roof, a car that runs, things like that. Over the weekend I address the computer problem, and not a second too soon, as I will be setting off today on yet another New Jersey odyssey. Paul Morella and I will be presenting editions of our Clarence Darrow legal ethics program for N.J. lawyers in Brunswick and Fairfield,  sandwiched in between about 9 hours of driving, but I should be able to keep the ethics fires burning to some extent. Unless I’m dead, of course. As my fatalistic father liked to say cheerily , driving my morbid mom crazy, “You never know!”

1. God bless them, every one! This is one example of non-traditional casting I agree with: increasing numbers of “A Christmas Carol” productions are casting children with disabilities to play Tiny Tim. I would fight to the death for the right of a fully-able young actor to play the roles, as well as for the right of a director to cast one. However, the show presents such an ideal opportunity for a child who normally might not  have many chances to a play any  role on stage  because of his physical limitations that it seems like a shame to let it pass. I also agree with the directors who opine that having a genuinely challenged Tiny Tim gives some extra oomph to the show.

Is it exploitative? Sure, to some extent. That, however, is show business.

I draw the line, however, at casting Cratchit children who are different races than their parents, making it look like Mrs. Cratchit has been turning tricks to make ends meet, or “Tiny Tina.”

2.  Here’s another kind of “fake news”…Yahoo! News felt that an entire post was necessary to inform the world that the President had screened “Joker” at the White House. Why is this news, or even mildly interesting? It’s a big movie, with lots of buzz. Presidents have screened movies at the White House for decades, usually without comment from the news media. Now, if he had screened the original “Birth of a Nation,” like racist Woodrow Wilson, or “Tusk,” that might be worth a small news item.

Let’s see, what other fake news items (as in thins that don’t qualify as news) are there on Yahoo!? How about “Michelle Obama Looked Incredible in a Yellow Corseted Schiaparelli Gown at the American Portrait Gala”? For some reason, I thought the fawning over Michelle, which as always hyperbolic and excessive, might have abated since she left the White House, after all, the news media quit going bonkers over every Jackie Kennedy ensemble once she wasn’t First Lady any more. Then there’s the matter of the gown Yahoo! is raving about… Continue reading →

From The Mouths Of Babes…Cultural Poison

/ Jack Marshall / 12 Comments

A recent question to Phillip Galanes, the advice columnist whose “Social Q’s” feature for the New York Times has frequently sparked Ethics Alarms essays, was fraught with larger significance.

A mother said that her 12-year-old daughter had a a sticker on her water bottle quoting Dr. Seuss: “You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.” The girl’s friend told her that  systemic racism made that statement false for many Americans, so the sticker was racist. The daughter then peeled off the sticker. “What’s a mother to do?” was the gist of the inquirer’s appeal. Continue reading →