“To Kill A Mockingbird”

Morning Ethics Warm-Up, 7/11/2020: Still Crazy After All These Posts

/ Jack Marshall / 14 Comments

1. Atticus, Aaron and Alexander. Today, July 11, was a crucial date in history for two great Americans, now in danger of being canceled by the ignorant woke. One cancellee was a real man, Founder Alexander Hamilton; the other is fictional, Atticus Finch. Both have been pronounced wanting in character of late because they did not manage to discern in their eras the full extent of the necessary racial equities Americans have largely come to understand today, with the benefit of decades more of debate and experience than Finch, and with a 250 years advantage over Hamilton.

In Finch’s case, this is his “birthday”:  on July 11, 1960,  34-year-old novelist  Harper Lee published her first, and except for a rejected “sequel” to  “Mockingbird” published later under ethically dubious circumstances, her only, novel.  Fortunately for Atticus, the version of the Depression Era small town Alabama lawyer that most Americans know is the film’s, where he is played by Gregory Peck as a pure idealist without any of the alleged flaws—like saying that it is wrong to assume that racists can’t still be good people—that the novel’s Atticus is condemned for today. (The multiple Atticus problem is discussed here.)

While Atticus Finch was “born” on this date, Alexander Hamilton died, perhaps by bravely but naively exhibiting ethical character while at the mercy of a man whose ethics were elusive at best, Aaron Burr, who fatally shot the nation’s first Secretary of the Treasury in a duel this day in 1804.

The adversaries met at 7 a.m. at the dueling grounds near Weehawken, New Jersey on the same spot where Hamilton’s son had died defending his father’s honor in 1801. (The concept of karma was apparently unknown in 1804.)  According to Hamilton’s “second,” Hamilton deliberately fired his weapon into the air rather than at Burr (Burr’s second claimed that Hamilton fired at Burr and missed) , whereupon Burr, who had the second shot,  killed  Hamilton by sending a bullet through his stomach into his spine. Hamilton died the next day.

If you think politics are crazy now, consider: Hamilton’s death was the direct result of his publicly attacking and demeaning Burr for years (“I feel it is a religious duty to oppose his career,” he once wrote). Hamilton also was instrumental in blocking Burr from becoming President in the ridiculous election of 1800, when a quirk in the election rules threatened to allow the sociopathic Vice-Presidential candidate  to defeat his running mate, Thomas Jefferson. Continue reading →

Directed Verdict Ethics In The The Movies: “Tom Horn” And “To Kill A Mockingbird”

/ Jack Marshall / 4 Comments

Once again, as I watched the film version of “To Kill A Mockingbird” for the 50th time, I was bothered by the fact that Atticus never asked for a directed verdict, and the kindly, seemingly fair-minded judge never declared one.

A directed verdict is also known as a judgment as a matter of law or JMOL. It means that one side or the other has failed to meet a minimum burden of proof, and is usually declared by a judge  after is a motion made by a party, during trial, claiming the opposing party has presented insufficient evidence to reasonably support its case.  A directed verdict  is similar to judgment on the pleadings and summary judgment. Judgment on the pleadings is  made after pleadings and before discovery; summary judgment occurs after discovery but before trial.

A directed verdict occurs during the trial, and a judge can also render one spontaneously, without a motion. The motion can even  be made after a verdict is returned by a jury, where such a motion is technically for a “renewed” directed verdict, but commonly referred to as judgment notwithstanding the verdict.  In a civil trial, a party must have moved for a directed verdict before the jury reports out its decision. In a criminal trial, as in the fictional Tom Robinson case, there is no such requirement. The court may set aside a guilty verdict and enter an acquittal in the interests of justice.  A criminal defendant is not required to move for a judgment of acquittal before the court submits the case to the jury for the verdict to be overturned. A verdict of not guilty can never be overturned.

In “To Kill A Mockingbird,” black defendant Tom Robinson is convicted of rape despite the primary prosecution witness, the alleged victim, contradicting her own testimony at several points, and despite strong evidence that the beating she claimed was part of the sexual assault was shown to be delivered by a right-handed man—like her spectacularly vicious and creepy father—when the defendant couldn’t use his right hand at all. Atticus Finch never moves for a directed verdict, and the judge never declares one, though he presides over the fiasco of a trial with a disgusted look throughout. Continue reading →

Happy Saturday Ethics Warm-Up, 4/27/19: Conniff, Cohen, California, And Co-opting A Classic

/ Jack Marshall / 23 Comments

Weekends, unfortunately, are only a rumor when you run a business out of your home…but I’m still HAPPY!

1. “To Kill A Mockingbird” ethics. I asked an old friend and talented director to give me her review of the controversial “To Kill A Mockingbird” on Broadway (previously discussed here, and here…). What I was most interested in was whether the new version (by “The West Wing” auteur and liberal political advocate Adam Sorkin) actually meets the contractual requirement insisted upon by Harper Lee’s estate, that “the Play shall not derogate or depart in any manner from the spirit of the Novel nor alter its characters.”  Well, I knew it would not be; Sorkin and the producer held out for being able to make a “woke” “Mockingbird” reflecting “current sensibilities,” and Lee’s greedy relatives wanted the money more than they cared about what Harper Lee might have wanted, like preserving the integrity of her novel.

Sure enough, my friend reported that the play was full of anachronisms and felt nothing like a story set in a small Southern town in the 1930’s. Most jarring of all, she said, was the oft repeated message that the racially prejudiced individuals in the town were “bad people.” This is the exact opposite of what Atticus Finch tells his daughter in the novel.

2. The GDP. Today the New York Times had the good and unexpected GDP news on its front page, so I’ll retract yesterday’s criticism  of the Times for burying that important news, and evidence of some Trump success. Instapundit pulled out this LA Times article  from 2017. It begins, Continue reading →

Lost Tuesday Ethics Scraps, 12/11/18: Statues, Tucker Carlson And “To Kill A Mockingbird”

/ Jack Marshall / 13 Comments

Good whatever it is.

I guess I’m not as recovered as I thought: one high energy ethics presentation to a sluggish audience today and I was fried. This better not be encroaching old age, or I’ll be pissed.

1. Thank you for making the open forum this morning active: I wish you all had been in my audience today. I haven’t read any of it yet (I did finally get your excellent comment out of moderation, Michael R!); I’m trying to get my own posts up.

2. Stolen art ethics. No doubt: the looting of art from the Old World by American tycoons and museums is a long-time ethics scandal, and the international court battles settling the disputes will continue for a long, long time. The argument over a 2000-year-old bronze statue, known as “Victorious Youth between the Getty Villa and Italy, however, is not as clear as most. Italy’s highest court has ordered that the sculpture should be returned to Italy. Currently, it is on display at the villa on the outskirts of Los Angeles, which is part of the J. Paul Getty Museum. It was retrieved from Adriatic waters by Italian fishermen in 1964, and sold to successive collectors and dealers. After a decade-long legal battle, Italy’s Court of Cassation ruled  that the statue should be confiscated and brought back to Italy, rejecting the Getty’s appeal. Getty is not giving in.

The ethics as well as the law is murky. This is not a case like King Tut, where Indiana Jones-style archeologists and adventurers, just uncovered foreign cultural treasures and took them home. Before acquiring the prized artifact, the Getty undertook a comprehensive, five-year study of whether the statue could be purchased legally and in good faith. Their due diligence extensive analysis of international, Italian, American and California law and of Italian court decisions pertaining to the work.

In 1968, Italy’s Court of Cassation ruled that there was no evidence that the statue belonged to the Italian state; after all, it is Greek. Although the fishermen took the statue onto Italian soil, the court did not find that its brief presence in Italy transformed the sculpture into a component of Italian cultural heritage. Eventually the statue made its way to a German art dealer who put the statue up for sale. According to the Getty, in 1973, acting on a request from Italy, German police initiated an investigation into whether the German dealer had received stolen goods. The investigation was dropped for lack of evidence of wrongdoing. In 1977, the Getty purchased the bronze in Britain for almost $4 million from a gallery affiliated with the German dealer. The bronze has now been publicly exhibited, studied and cared for at the Getty for 40 years. Continue reading →

Morning Ethics Warm-Up, 3/17/2018: Mockingbirds, Headlines, And Reasonable Doubt

/ Jack Marshall / 25 Comments

Good Morning, Scout!

1 Assorted blog stuff. I’m going to have to fly to Boston next month for the hearing on my motion to dismiss the specious defamation suit against me by an Ethics Alarms  commenter to whom my responses were no more defamatory than what I have said to many of you when provoked…Every now and then some blog or social media participant with a huge following links to an old post here, and I am swamped with visits from a lot of individuals with no serious interest in ethics. They almost never comment, and if they do, the comments typically don’t meet my posting standards. Still, they swell the traffic stats, and I’ll take ’em. In 2017 I had none of these fluky hit avalanches, after a 2016 that had several. This time, the post suddenly drawing interest is a 2014 essay about a letter written to director Terry Gilliam in 2005. You just never know…Expect a lot of Comments of the Day this weekend: I am way behind, and I’m sorry. Tough week.

2. Keep hope alive! Yesterday’s New York Times front page headline perfectly embodied the fake news-by-innuendo tactic that has marked the mainstream media’s efforts to pander to the “resistance.” The Special Prosecutor’s fishing expedition just subpoenaed the business records of the Trump organization relating to its dealings in Russia. Says the Times headline: “Investigation nears President.” Ooooh! Scary!

Hype, and unprofessional. This is the “He’s getting closer! And closer!” narrative the anti-Trump journalists have been flogging for a year. Yeah, I guess any time an investigation involves someone’s business it is “near” the owner, but why would that obvious fact justify a headline?  The reality is that Trump’s organization had business dealings in Russia (legal and unremarkable), the fact that Mueller is looking does not prove or suggest that those dealings had any connection to the campaign, and Mueller could have asked for these records a year ago. There is nothing ominous about the request from the President’s perspective at all, unless, as this whole fiasco has presumed from the moment Democrats seized on Wikileaks and fake Facebook news as the designated excuses for Hillary’s inexcusable defeat, there really was “collusion.”

That an investigation has been launched does not imply, suggest, or indicate wrongdoing. The news media’s reporting continues to suggest otherwise because they want the President to be guilty of something heinous. Imagine that: there are Americans who want their elected President to be proven guilty of wrongdoing.

3. To kill a “To Kill A Mockingbird.”  Harper Lee’s estate filed a complaint last week in federal court in Alabama, arguing that a Broadway bound stage adaptation of “To Kill A Mockingbird” by “The West Wing” creator and “A Few Good Men” writer Aaron Sorkin violates a contract, between Harper Lee and the producers that stipulates that the characters and plot must remain faithful to the spirit of the book. (I wrote about the complexities surrounding Atticus Finch’s character in a 2015 post.) Continue reading →

Ethics Warm-Up, Valentines Day, 2018: Of Mummies, Mockingbirds, Hunchbacks, And Sperms….

/ Jack Marshall / 50 Comments

Happy Valentines Day!

1 Jeremy gets a vacation! As some of you may know, philosopher Jeremy Bentham, John Stuart Mill’s mentor and the founder of utilitarianism, has been stuffed and kept in a glass case at the College of London since his death in 1832 as a condition of his will. I’m not kidding! (A photo has appeared periodically in the Ethics Alarms header from the blog’s first day.) Here he is…

That’s Jeremy’s real head on the floor: the one on top of the stuffed body around his skeleton is wax. Jeremy still attends all meetings of the school’s board, wearing his own clothes.  Now he’s visiting the U.S., something he always wanted to do when he was alive.

2. The message is increasingly clear: everything is racist. Got it, thanks! Working from her mummy, scientists from the University of Bristol reconstructed the face of 3,400-year-old queen Nefertiti, King Tut’s mother, using 3D imaging technology. The process required more than 500 hours. Nefertiti was Egypt’s queen alongside Pharaoh Akhenaten from 1353 to 1336 BC. Heeeeeeere’s  NEFI!

Now the project is under attack on social media because the reconstructed Nefertiti face isn’t dark enough, not that anyone has a clue regarding how dark or light anyone who lived over 3000 years ago was.

This is the kind of gratuitous race-baiting that causes well-deserved backlash.  It’s also redolent of an old whitewashing theme, dating back to the “Cleopatra was black” and “Jesus was black” claims of activists in the 1970s.

3. Segue Alert! And speaking of stupid whitewashing controversies, the cancellation of that high school production of “The Hunchback of Notre Dame” because the student cast as the gypsy ingenue Esmeralda was “too white” provoked a backlash….from Nazis.

Naturally, this means that the race-based attack on the innocent student cast because she was the most qualified to play the part was justified, thanks to the trampoline effect when a bad idea is attacked by even worse extremists.  (Don’t make me put the cognitive dissonance scale up twice in one day.) The New York Times reports that the students who intimidated school administrators into cancelling the show “are now besieged by an online mob targeting them with threats and racial epithets after the incident was reported in right-wing publications like Breitbart News, then spread to the neo-Nazi site The Daily Stormer. Via Facebook, the students received pictures of themselves with swastikas plastered on their faces. One parent had what was thought to be her home address (it wasn’t) posted online with a comment seeming to encourage harassment: “Do your thing social media.” Another parent received a profane email, assailing her for embracing “anti-white racism,” adding: “I feel sorry for your brainwashed child.” The way this phenomenon works is that now, when someone legitimately objects to the unethical handling of this episode by the school, they can be portrayed as agreeing with white supremacists.

We saw this effect in full bloom in Charlottesville. Tearing down statues of Robert E. Lee is a form of historical airbrushing and censorship, and principled, objective critics (like me) condemned the statue-toppling mania. Then the alt-right and the white nationalists marched against the removal of a Lee statue, and suddenly if you objected to a memorial to a major figure in American history and a bona fide military hero whose life is a wealth of lessons for all of us, it meant you were siding with racists.  President Trump was effectively trapped by this Catch-22. Continue reading →

Holiday Ethics Assigment: Quick! Watch These 25 Great Old Ethics Movies Again Before You Go Bonkers Too!

/ Jack Marshall / 21 Comments

movie-theater

I am compiling a new list of great ethics movies to help those troubled by the recently completed Presidential campaign, the election and its aftermath. I haven’t decided whether to reveal it piecemeal, or collectively as I have before, but I do need to begin by presenting the previous list of 25, actually the combination of several previous posts. Ethics films I have covered individually since those lists debuted, like Spotlight and Bridge of Spies, will eventually be added.

For now, here’s the top 25. Don’t pay attention to the order.

1. Spartacus (196o)

The raw history is inspiring enough: an escaped gladiator led an army of slaves to multiple victories over the Roman legions in one of the greatest underdog triumphs ever recorded. Stanley Kubrick’s sword-and-sandal classic has many inspiring sequences, none more so than the moment when Spartacus’s defeated army chooses death rather than to allow him to identify himself to their Roman captors (“I am Spartacus!”)

Ethical issues highlighted: Liberty, slavery, sacrifice, trust, politics, courage, determination, the duty to resist abusive power, revolution, love, loyalty.

Favorite quote: “When a free man dies, he loses the pleasure of life. A slave loses his pain. Death is the only freedom a slave knows. That’s why he’s not afraid of it. That’s why we’ll win.” [Spartacus (Kirk Douglas)]

2.  Hoosiers (1986)

“Hoosiers” is loosely based on true story, but its strength is the way it combines classic sports movie clichés—the win-at-all-costs coach down on his luck, the remote superstar, over-achieving team—into a powerful lesson: it isn’t the final victory that matters most, but the journey to achieving it.

Ethical issues highlighted: Forgiveness, generosity, leadership, kindness, courage, loyalty, diligence, redemption.

Favorite quote: “If you put your effort and concentration into playing to your potential, to be the best that you can be, I don’t care what the scoreboard says at the end of the game, in my book we’re gonna be winners.” [ Coach Norman Dale (Gene Hackman)]

3. Babe (1995)

A wonderful movie about the virtues of being nice, the greatest civility film of all time. Second place: “Harvey.”

Ethical issues highlighted: Civility, kindness, reciprocity, loyalty, courage, love, friendship, bigotry, bias.

Favorite quote: “Fly decided to speak very slowly, for it was a cold fact of nature that sheep were stupid, and there was nothing that could convince her otherwise…The sheep decided to speak very slowly, for it was a cold fact of nature that wolves were ignorant, and there was nothing that could convince them otherwise”  The Narrator (Roscoe Lee Browne) Continue reading →

Of Atticus Finch, “Go Set A Watchman,” And Icon Ethics

/ Jack Marshall / 22 Comments

AtticusToday Harper Lee’s “sequel” to “To Kill A Mockingbird” is officially released, though reviews have already been published. The big story is that the new novel’s now grown “Scout” discovers during the civil rights upheavals of the 1950s that her father and hero Atticus Finch is a racist, had attended a Klan meeting, and is prone to saying things like …

“Do you want Negroes by the carload in our schools and churches and theaters? Do you want them in our world?”

The new Atticus is providing ammunition to those who enjoy tearing down American heroes and icons. Finch is perhaps the most revered fictional lawyer in American culture, admired by the public as well as the legal profession. The American Bar Association named its award for fictional portrayals of lawyers in films and literature after Finch, whose pro bono defense of a wrongly accused black man in a bigoted Alabama town forms the central conflict of Lee’s classic. Burnishing Atticus’s reputation further was the beloved portrayal of the character, reputedly based on the author’s father, by Gregory Peck in the Academy Award winning film adaptation. Peck received the Award for Best Actor as well as the Presidential Medal of Freedom, and as a civil-rights activist often stated that he admired Finch over all his other roles. In 2003, American Film Institute voted Finch as the greatest hero in American film.Wrote Entertainment Weekly, “[Finch] transforms quiet decency, legal acumen, and great parenting into the most heroic qualities a man can have.”

Atticus, however, has had his detractors through the years, notable among them the late Monroe Freedman, a  habitual iconoclast and contrarian who wrote two law review articles declaring that Finch was neither hero nor a particularly admirable lawyer. He wrote in part: Continue reading →

Ten More Hollywood Ethics Cures For A Post-Election Hangover (Part I)

/ Jack Marshall / 14 Comments

A year ago, the combination of the erupting Penn State scandal (and Penn State’s students’ scandalous reaction to it) and our dysfunctional government led me to list my “15 Hollywood Cures…,” my favorite movies dealing with ethics themes that I reflexively turn to when the world’s ethics alarms look frozen and broken. I had to leave some of the best ethics films off that list (Part I is here; Part II is here), and this seems like a good time to remedy that injustice. Here are ten more excellent films to prime our ethics alarms with minimal preaching and maximum entertainment value, bringing the Ethics Alarms movie list to 25. It will get larger, I’m sure:

1. The Magnificent  Seven (196o)

Ethics Bob Stone’s favorite ethics movie, and he has a good case. A group of seven hired gunslingers help an impoverished Mexican town fight off looting bandits, each of the seven for a different reason, facing their own ethical dilemmas and contradictions.

Ethical issues highlighted: altruism, bullying, charity, courage, integrity, teamwork and the importance of prioritizing values.

Favorite quote:

Harry (Brad Dexter): “There comes a time to turn mother’s picture to the wall and get out. The village will be no worse off than it was before we came.”

Chris (Yul Brenner): “You forget one thing — we took a contract.”

Vin (Steve McQueen): “It’s not the kind any court would enforce.”

Chris: “That’s just the kind you’ve got to keep.” Continue reading →

Of Presidents Day, Atticus, a Congressman’s Dilemma and Serial Moms

/ Jack Marshall / 8 Comments

Short Alarms:

  • With increasing numbers of young Americans knowing embarrassingly little about our nation’s past, the wrong-headedness of President’s Day rankles worse than ever. Rather then designate the February birthdays of our two greatest presidents—Washington, the “indispensable man” who made the United States a reality, and Lincoln, the brilliant leader/philosopher who kept it from tearing apart—as yearly commemorations of their remarkable lives and our debt to them, Congress lumped them into a generic “Presidents Day,” thereby demonstrating that it deemed a three-day weekend and consumer merchandise sales more important than our heritage. Worst of all for ethics fans, George, who “wouldn’t tell a lie,” and Honest Abe are the only U.S. Presidents remembered for their truthfulness. Yet here they are, forced to share their “day” with the likes of Woodrow Wilson, Harding, J.F.K, L.B.J., Tricky Dick and Bill Clinton. The right thing to do would be to go back to celebrating February 12 and 22. Washington and Lincoln deserve it, and so do the values they stood for.
  • Speaking of ethics icons, one of my wife’s favorites,”To Kill A Mockingbird’s” Atticus Finch, has been under attack in some quarters for being passively acquiescent in the Jim Crow morality that convicts his black client despite overwhelming evidence that he is innocent. Continue reading →