Utilitarianism

Wishing Ethics: What Should We WANT The Outcome To Be In Ferguson?

/ Jack Marshall / 14 Comments

finger-crossed

The simple answer to the question in the headline is: we should all want the truth to come out, whatever it is, and be dealt with honestly and justly. I don’t think that result is possible, unfortunately, just as it proved impossible in the Martin-Zimmerman tragedy.If the truth could be determined, however…if an experimental, advanced video recorder just happened to capture everything that occurred between Officer Wilson and Mike Brown, including in the squad car; if it captured the incident from all angles, and we could hear and see everything that transpired between them, what would we want that to be, recognizing that the tragedy cannot be undone?

Would we want it to show that Mike Brown was murdered, that he was fleeing for his life when he escaped the car, then turned, fell to his knees ( as at least one witness claims) and was gunned down with his hands in the air? Obviously many Americans, including Brown’s family, the Ferguson protestors, many African-Americans, civil rights activists, police critics, politicians and pundits, have an interest in seeing this be the final verdict of investigators, for a multitude of reasons. The grieving family wants their son to be proven innocent of any fault in his own death. Others, especially those who prematurely declared Officer Wilson of guilty of “executing” Brown, have a strong interest in being proven right, for even though it would not excuse their unfair and irresponsible rush to judgment, such a determination would greatly reduce the intensity of criticism leveled at them.

[Side Note on Ethics Dunce Jay Nixon: That won’t stop the criticism here, however: Whatever the facts prove to be,  Gov. Jay Nixon’s comments are indefensible, and inexcusable. Now the Democrat is denying that they meant what he clearly meant to convey: calling for “justice for Brown’s family” and a “vigorous prosecution” can only mean charging Wilson, and that is what those calling for Wilson to be arrested took his comments to mean. If the Governor didn’t mean that, as he now claims, then he is 1) an ignoramus and 2) beyond incompetent to recklessly comment on an emotion-charged crisis in his state without choosing his words carefully.]

Or should we hope that the facts exonerate Wilson? After all, shouldn’t we want the one living participant in this tragedy to be able to have some semblance of a life without being forever associated with villainy? Certainly his family and friends, as well as member of the Ferguson police force who want their own ranks to be vindicated, and police all over the nation who have had their profession attacked and denigrated in the wake of the shooting, fervently hope that the narrative pushed by the demonstrators is proven wrong. Others want to see Wilson proven innocent for less admirable reasons. They want to use the incident to condemn police critics, and undermine and discredit civil rights advocates, especially long-time ideological foes like Al Sharpton. They want Eric Holder to look biased, (he looks biased anyway, because he appears to be taking sides) and to make the case—one that a single episode neither supports nor can possible rebut—that police do not have itchy trigger fingers when their weapons are pointed at young black men.

From the standpoint of ethics, which means that the best outcome will be the one that does the most good for society, the choice is complex.  Continue reading →

When Ethics Becomes Impossible: Captain Johnson’s Ferguson “Solution”

/ Jack Marshall / 35 Comments

Ron Johnson

Yesterday,  Ferguson, Missouri’s newly appointed police commander, Capt. Ron Johnson of the Missouri State Highway Patrol, walked with those protesting the shooting of African American teenager Michael Brown.The police shooting in Ferguson this week and its aftermath became an instant Ethics Train Wreck, its carnage seeded by tragedy, local tensions, growing distrust of police nationwide, worsening race relations exacerbated by Democrats and the media resorting to race-baiting to stifle criticism of the Obama administration, as well as such episodes as Occupy confrontations with police in Oakland and the Trayvon Martin-George Zimmerman fiasco.

Johnson’s actions calmed what had been escalating violence, with community protests spilling over into looting, irresponsible and inflammatory statements being made by both police and protesters, and an excessive, military-style response by St.Louis police that treated sometimes over-enthusiastic demonstrating as if it was Rodney King-style rioting. What Johnson did worked, in other words, and that’s both the best and the worst that can be said about it. Ethically, it was the best available option. When a situation reaches the ethics chaos stage that Ferguson has, however, this is rough utilitarianism at best. Continue reading →

Sparing Bin Laden: Ethics Lessons From Bill Clinton’s 2011 Admission

/ Jack Marshall / 12 Comments
In an alternate universe, this missile strike prevented 9-11. It doesn't matter.

In an alternate universe, this missile strike prevented 9-11. It doesn’t matter.

Sky News host Paul Murray revealed a previously unreleased audio recording of Bill Clinton speaking to a group of Australian businessman in Melbourne (undoubtedly for an obscene fee, since the Clintons were poor as church mice back then, but I digress) on September 10, 2001.  Clinton’s fascinating answer to an audience question about terrorism has raised a lot of eyebrows:

“Osama bin Laden — he’s a very smart guy, I’ve spent a lot of time thinking about him, and I nearly got him once. I nearly got him. And I could have gotten, I could have killed him, but I would have to destroy a little town called Kandahar in Afghanistan and kill 300 innocent women and children. And then I would have been no better than him. And so I didn’t do it.”

Observations from an ethics perspective: Continue reading →

Oh, NO!!! “The Mikado” Ethics Again (Political Correctness Division)!

/ Jack Marshall / 38 Comments

[Here…listen to this while you read the post.]

I am apparently the official protector of Gilbert and Sullivan’s “The Mikado” from ridiculous accusations of ethics offenses, so once again, I will charge into the breach. No thanks needed, Mr. Gilbert, Sir Arthur—I owe you debts that can never be repaid.

In a brain-endangering op-ed for the Seattle Times, expresses the opinion that the operetta is a “racial caricature,” and thus “every snap of the fan was a slap in the face.” The nature of the complaint has old origins: the original show in 1885 nearly caused an international incident, as Japan registered an official complaint to Great Britain claiming a grievous insult to its people. W.S. Gilbert, who was skilled at such things (a few years later he stifled French indignation over a song in “Ruddigore” that pretended to make fun of the French while actually ridiculing British bravado), explained that “The Mikado” in no way ridicules anything about Japan or its people, but is entirely a witty and original satire on everything British. This was true then, and is true now. Then, however, people, including the Victorian era Japanese, were able to see distinctions, and were not seeking victim status and leave to play public censor under the authority conferred by political correctness. Today, people like Ms. Chan are not so easily calmed.

Thus is art harmed, entertainment stifled, laughter stilled and music forgotten. A good argument could be made that “The Mikado” is the greatest musical comedy entertainment ever written.* It certainly caused the biggest international sensation (the closest rival is another Gilbert and Sullivan classic, “H.M.S. Pinafore”): it is estimated that by the end of 1885, at least 150 companies in Europe and the U.S. were producing the satire. As recently as the 1960s, it was credibly claimed that a “Mikado” was going on somewhere in the world every minute of the day.

The show is fun in every respect: comedy, music, lyrics, satire, characters. It is also fun to act in and produce, for children as well as adults. Unfortunately, several factors have led to the gradual scarcity of productions in recent years, from the cyclical (Gilbert and Sullivan go out of style, but always come back) to the ridiculous ( it seems like every production has to cope with some absurd controversy, like the 2011 Montana production that was accused of threatening Sarah Palin’s life). Political correctness aversion has been the biggest factor in making the very best G&S show rare while productions of Broadway musical junk flourish, however. Since the characters are supposedly “Japanese,” shouldn’t all the singers be Asian? Isn’t Asian make-up offensive like blackface? Oh, hell, let’s just do “The Pirates of Penzance.”

From Ms. Chan: Continue reading →

The Essence Of Utilitarianism: 9 Out Of 10 Non-Lawyers Will Hate This, But It Is Ethical And Necessary

/ Jack Marshall / 28 Comments
Wait, this doesn't seem proper at all...

Wait, this doesn’t seem proper at all…

In the case of King v McCree, the Sixth Circuit has handed down a decision that affirms the principle of judicial immunity.  The facts are reminiscent of the Gilbert and Sullivan one-act, “Trial by Jury.”

Judge Wade McCree,  presiding over a felony child – support case, conducted a secret sexual relationship with the woman seeking support from the defendant, King. The Michigan Supreme Court both removed Judge McCree from his judgeship and prospectively suspended him without pay for six years just in case Michigan voters—and voters have been known to do such stupid things–re-elect  him if he runs for judge again in November 2014.

The defendant sued the ex-judge, claiming that the judge’s obvious conflict of interest–playing bedroom bingo with the complaining witness while her case was being adjudicated in his court— violated King’s right to due process of law. The district court ruled that Judge McCree was immune from such lawsuits under the doctrine of judicial immunity, and the Sixth Circuit agreed. Continue reading →

Ethics Quiz: Virginia’s Forced Vasectomy

/ Jack Marshall / 46 Comments
"Well, they can't all be "shouting fire in a crowded theater," Oliver. So you had an off day....it happens.

“Well, they can’t all be “shouting fire in a crowded theater,” Oliver. So you had an off day….it happens.

One of the skeletons in the Old Dominion State’s closet is the 1924 “Virginia Eugenical Sterilization Act,” a  law allowing the sterilization of citizens adjudged to be in a long line of mentally deficient idiots. The law was upheld in the infamous  1927 Supreme Court opinion in Buck v. Bell, in which the great Justice Oliver Wendell Holmes, to his undying shame, wrote,

“It is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind…Three generations of imbeciles are enough.”

So approved, Virginia’s eugenics law lasted into the 1970s, allowing the state to sterilize more than 7,000 people in mental institutions. The law was repealed in 1979, and victims are seeking reparations. Now the ghost of that law is hovering over the resolution of a current case.

The only thing Virginian Jessie Lee Herald has done on his 27 years more than get in trouble with the law is have children: so far he has had seven (with six mothers) and his current wife says she wants more. He recently fled the scene of a car crash with his injured 3-year-old son. Herald pleaded guilty to felony child endangerment, felony hit-and-run, and misdemeanor driving on a suspended license. Investigators who went to his home found his child to have been neglected, with, among other things, shards of glass in his diapers.

A Shenandoah County prosecutor, Illona White, proposed a plea deal that would reduce Herald’s prison sentence to just four years: he would have to agree to a vasectomy. He took the deal, which also requires him to pay for the operation.

Your Ethics Alarms Ethics Quiz of the Day:

 Is it ethical for a state to make a convicted felon choose between prison time and sterilization?

Continue reading →

Animal Abuse, Law, Ethics…And More Cognitive Dissonance

/ Jack Marshall / 23 Comments

Gothic pets

Some animal abuse issues are ethics slam dunks, some should be, and some are more complicated than the wo people posture over them seem to think. Here are three examples from the news:

1. Tattooed Kittens?

A law about to be passed in New York, S.6769, will make it illegal for pet owners to inflict tattoos or piercings on their pets except for medical purposes or when a tattoo is used strictly for identification purposes. Violations would carry fines of up to one year in jail and a $1,000 fine.

“I believe that if given the choice, animals would decline to having themselves undergo a painful procedure of being either tattooed or pierced,” said New York State Senator Mark Grisanti, a Republican who is supporting the measure introduced by Democratic Assemblywoman Linda Rosentha in 2011.

Ya think? The fact that a law would even be necessary to articulate that tattooing or piercing a pet for the owner’s amusement is horribly wrong and obvious cruelty foretells the approaching apocalypse.  That such a law would take three years to pass also tells us something bad about, oh, New York, politics, partisan warfare, human intelligence…just about everything. The problem, was brought to public attention by the prosecution of this idiot.

2. The Opossum Drop Continue reading →

Laser Pointer Abuse: Why Ethics Gets Complicated

/ Jack Marshall / 25 Comments

laser pointerThis month, the FBI announced that it was expanding a program rewarding anyone who reports an incident of an individual aiming a laser pointer at an airplane with $10,000. ( This use of the cheap lasers is a federal crime.) The bounty was previously offered in a handful of cities, but because it seems to have reduced the number of laser strikes on planes, it is being expanded nationwide.

Wait…is this really a problem? It’s several problems, in fact. The main problem is that laser pointers can, if the wielder of one gets “lucky,’ bring down an airplane. The related problem is that this country is littered with so many unbelievable assholes that we even have to discuss this….and imagine what other stupid, dangerous, irresponsible things they do when they aren’t trying blind pilots thousands of feet in the air.

Incidents where laser pointers interfered with the operation of commercial airliners have increased a ridiculous 1000% rate since 2005, when federal agencies started compiling statistics. Last year, there were 3,960 laser strikes against aircraft reported, an average of almost 11 incidents per day.

Some ethics-related thoughts:

1. There is no way around it: sociopaths, who are essentially ethics-free, are a constant threat and blight on society. Aside from the children involved, whose conduct can be chalked up to immaturity and flawed reasoning, the people who would aim a laser pointer at an airplane just for the hell of it are kin to those who set fires, vandalize buildings, create computer viruses and generally make life ugly and dangerous for the rest of us because they can. You can’t educate them or give them a sense of right and wrong. All you can do is make laws with harsh punishment for the stupid, destructive conduct these individuals engage in to give themselves a sense of power and importance. Ethics is irrelevant; their ethics alarms can’t be repaired, because they don’t exist. The laser-abusers  illustrate the maxim often quoted here that “When ethics fails, the law steps in.”

2. Anyone who uses a laser pointer this way and who is aware of the potential results is capable of much worse. This is signature significance, don’t you think? It is tempting to use such a crime as a justification for pre-crime: anyone who would do this is too stupid or too inherently anti-social to be trusted in a free society. Pre-crime, however, is a concept too prone to abuse, a slippery slope that the Constitution wisely precludes. I would, however, see no reason not to require a conviction of this crime to be disclosed to every potential employer, for all time. Nobody should trust someone who even once would risk causing an airplane to fall out of the sky because it would be cool, and I don’t care if the reason for the act was the lack of brain cells, IQ points, the sense God gave a mollusk or a missing conscience. I don’t want you in my neighborhood, near my family, or in my workplace. I don’t trust you. and I never will. Does this place a burden on you, if others feel as I do? Good, and too bad for you. Don’t try to shoot 757s out of the sky for laughs, and you won’t have the problem. Continue reading →

A Baseball Integrity Conundrum: The Non-Hit That Is Always Called A Hit But Shouldn’t Be

/ Jack Marshall / 7 Comments

In baseball, when a batter gets lucky and his pop-up or fly falls between fielders who could have easily caught it but who got mixed up, allowing the ball to drop in safely, it is scored as a hit, not an error, as long as neither fielder touched it on the way down. Sometimes this makes sense; usually it doesn’t. Then again, it also is ruled a hit if an immobile, fat outfielder can’t run down a fly ball that the average Little League could catch with ease, whereas if a faster outfielder runs over, catches the ball but drops it, it would be an error. Such are the scoring vagaries of baseball.

This particular rule of scoring drives some aficionados of the game nuts. Why should the pitcher be charged with a hit if his fielders were at fault? Why should a hitter get credit for a hit when what he did would have been an out if the fielders didn’t mess up, or the wind wasn’t blowing, or the sun didn’t get in their eyes? They are right, but a hit is what the game defines as a hit, and by practice and tradition, this has always been called one, so it is.

Except that on Friday night in Arlington, Texas, it wasn’t. Yu Darvish, the Abbott and Costello-named Texas Rangers ace, was pitching a masterpiece against the Boston Red Sox. In fact, with two outs in the 7th inning he was working on not just a no-hitter but a perfect game (no batter reaches base), either of which qualifies as a major, landmark achievement. Then Red Sox designated hitter David Ortiz (who would later single to break up the no-hitter with two outs in the ninth inning) hit a high pop-up to shallow right field, an easy out….except that it fell, untouched, between the Rangers second baseman and the right fielder, Nelson Cruz, who could have and should have caught it. It was a terrible way for a pitcher to lose a perfect game and a no-hitter, and a collective sigh of disappointment came from the Texas crowd, only to turn to cheers when the scorer (local sportswriters are given the job of deciding hits and errors in Major League Baseball) ruled the ball an error on Cruz. The perfect game was gone—anything, even an error, mars that—but the no-hitter was alive!
Continue reading →

Harvard’s Black Mass: An Ethics Problem With No Answer

/ Jack Marshall / 28 Comments

 

Impossible.

Impossible.

P versus NP…the Hodge conjecture…the Riemann hypothesis…the Yang–Mills existence and mass gap The Navier–Stokes existence and smoothness. The Birch and Swinnerton-Dyer conjecture. These are some of the unsolved problems of mathematics, but they are child’s play compared to the unsolvable ethics dilemma concocted at Harvard College.

Is Harvard right to allow students to hold a historic recreation of a Black Mass? Is Harvard wrong? Is it unethical for the students to engage in the project? Is it gratuitously insulting to religion, particularly Catholicism? Does it even matter if it is?

To bring you up to date:

The Harvard Extension Cultural Studies Club is planning to recreate a “satanic black mass” on campus next week, enacted by Satanic Temple, a New York-based, Satanist group that engages in outrageous displays to draw attention to First Amendment rights. “Our purpose is not to denigrate any religion or faith, which would be repugnant to our educational purposes, but instead to learn and experience the history of different cultural practices,” the HECSC said in a statement.

The statement lays the foundation for a hung jury in seeking an ethics verdict. Since the Black Mass was originally devised to denigrate the holy mass, saying that recreating the mass isn’t intended to denigrate religion is the kind of thing Captain Kirk used to say to evil, logic-bound computers to make smoke come out of their hard drives. “It-is-true-but- it’s-not-true-but-nothing-can-be-true-and-not-true–KABOOM!“ Continue reading →