O Captain, My — OH MY GOD!!!

THERE’S A PROBLEM with nostalgia.

It’s not a big problem. It’s not a problem like global warming or lost socks in the clothes dryer. But a problem.

The problem with nostalgia is this: Looking back, things often look better than it actually was.

It’s the nostalgia trap.

Sometimes, we reminisce about simpler times that never really happened.

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THE ONLY SIMPLER TIMES I KNOW

Other times, we find out we’ve fallen into the nostalgia trap while re-watching a favorite movie.

Looking back, sometimes movies look better than they actually were.

…especially movies you first watched when you’re fifteen years old.

In particular, if that movie is called Dead Poet’s Society.

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Carpe Diem. That’s 20th century speak for YOLO

Now, I know I’m treading into potentially hostile waters. I’ve seen the DPS fandom — they’re CRAZY devoted.

You know what else is crazy? DPS slashfic. I mean, I get the Anderperry stuff, but I never once ever shipped Charlie Dalton and Knox Overstreet.

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EVERYBODY’S BI IF YOU WATCH A MOVIE ENOUGH TIMES

Did I mention that I’m totally on board with this ship?

Knarlie?…. Chox?

ANYWAY….

When I was a fifteen year old kid (o, so many years ago), I didn’t really make it a habit of thinking too deeply about anything, much less thinking about things philosophically.

Back when I was fifteen, all I thought about was…

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But, now that I’m a wee bit older (older than fifteen, anyway) and taken a few philosophy classes, I realize I HAVE ALL SORTS OF PROBLEMS WITH THIS MOVIE!!!

Dead Poet’s Society is a moral mess.

Particularly on the subject of assigning moral culpability. There’s a lot of finger pointing going on in this movie.

The things you realize when a movie is 30 years old… OH MY GOD, DEAD POET’S SOCIETY IS 30 YEARS OLD. It’s old enough to run for Congress!

But, before we point fingers at anybody, we gotta define our terminology.

So…what’s culpability?

Once again, we turn to Wikipedia to explain things:

Culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, “ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct”.Culpability therefore marks the dividing line between moral evil, like murder, for which someone may be held legally responsible and a randomly occurring event, like earthquakes, for which no human can be held responsible.

Ok… For starters, I want to say I’m talking only about moral culpability, not legal culpability. I’m not talking about sending anyone to prison.

Well, except for maybe this creepy mouthbreather right here.

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But I’ll get to that later.

ANYWAY….

Before we get a call from God demanding we let girls into Welton, let’s all stand on our desks and ready our barbaric yawps to dive into the moral mess that is Dead Poet’s Society.

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CASE ONE: WHO (really) IS RESPONSIBLE FOR THE DEATH OF NEIL PERRY?

Every fan of Dead Poet’s Society knows that the death of Neil Perry is the most tragic near-the-end-of a-movie in film history (but only if you’re fifteen years old and haven’t watched Requiem For A Dream yet). Neil’s death by suicide is blamed on the unorthodox teachings of his English teacher, John Keating. Neil’s father claims that Keating’s carpe diem-based philosophy influenced his son to act recklessly. The recklessness? ACTING.

Neil Perry wants to be an actor.

Neil’s father wants him to be a doctor.

OBVIOUS DISAGREEMENT.

John Keating is dismissed from his post as English teacher at Welton Academy —

Wait — did I mention that this takes place at an all-boys prep school in 1959?

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GENTLEMEN, WHAT ARE THE FOUR PILLARS?

So… John Keating is fired from his position as an English teacher at Welton Academy after the school’s administration and Neil Perry’s parents hold Keating (and his teachings) responsible for the boy’s death.

According to Welton’s head administrator, Mr. Nolan, and Mr. and Mrs. Perry, John Keating’s encouraged Neil (and his other students) to be non-conformists and to defy authority by way of their membership in the Dead Poet’s Society. In Neil Perry’s case, Keating is accused of encouraging Neil to pursue a career in acting rather than attending medical school as his parents want him to.

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DING DING! BAD DECISION ALERT

The whole situation goes to seed when Neil’s father discovers his son has secretly taken the part of Puck in a production of A Midsummer Night’s Dream. Neil’s father threatens to withdraw Neil from Welton and enroll him in military school (so Neil will go to Harvatd to be a doctor).

Papa Perry tells his son that he is through with that “acting business”.

Feeling trapped by his father and unable to pursue his life dream, Neil commits suicide.*

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…leading to the most tragic moment in cinema history (at least to me when I was fifteen and hadn’t yet seen Requiem For A Dream), when Charlie tells Todd…

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So… Keating loses his job (and presumably his career in academia) because Welton and Neil Perry’s parents and the folks at Welton hold him morally culpable for Neli’s death. If not for Keating’s teachings (and the Dead Poet’s Society), Neil would not have killed himself.

But let’s think about it… is Keating really morally responsible for Neil’s death?

Well, that depends on who you ask.

STEP ONE: ASK A KANTIAN

If we ask a Kantian (god knows we wouldn’t want to ask Kant himself), the Kantian would tell us that Keating is not responsible, morally or otherwise, for the death of Neil Perry. The reason why Keating is not has to do with rationality.

Immanuel Kant, like his contemporary Enlightenment philosophers, believed that human progress, intellectual and philosophical, is the result of man’s rationality.

According to Kant, rationality is a prerequisite for morality.

For Kant, we must be rational to be moral.

That’s what the Categorical Imperative is all about.

Kant tells us that we are bound by moral duties, not only to others, but to ourselves. We cannot violate the categorical imperative, even if the only person we violate the categorical imperative for is ourselves.

Yes, Kant not only says we are capable of using ourselves as mere means to our own ends, he also tells us that’s something we can’t do. Suicide, according to Kant, does exactly that. Kant says we can’t commit suicide because committing killing ourselves treats us as mere means to our ends.

…and it’s not a rational thing to do.

Kant on suicide:

Firstly, under the head of necessary duty to oneself: He who contemplates suicide should ask himself whether his action can be consistent with the idea of humanity as an end in itself. If he destroys himself in order to escape from painful circumstances, he uses a person merely as a mean to maintain a tolerable condition up to the end of life. But a man is not a thing, that is to say, something which can be used merely as means, but must in all his actions be always considered as an end in himself. I cannot, therefore, dispose in any way of a man in my own person so as to mutilate him, to damage or kill him. (It belongs to ethics proper to define this principle more precisely, so as to avoid all misunderstanding, e.g., as to the amputation of the limbs in order to preserve myself, as to exposing my life to danger with a view to preserve it, etc. This question is therefore omitted here.)

Neil bears the moral blame for Neil’s suicide because he violated the Categorical Imperative — on himself.

SO, if we’re assigning moral blame (from the Kantian view), we’d say that the moral responsibility for Neil Perry’s death is all on Neil, not John Keating. If we assume that Neil Perry is a rational (moral) actor (there’s no reason why we shouldn’t), we can also assume that Neil alone is responsible for what he does, including the act of suicide.

Of course, I’m assuming that Neil Perry never heard of Arthur Schopenhauer. For all I know, Neil was a fan.

If Neil was a Schopenhaurerian (is that even a word?) then it’s all on Neil. 100%

Schopenhauer on suicide:

They tell us that suicide is the greatest piece of cowardice… that suicide is wrong; when it is quite obvious that there is nothing in the world to which every man has a more unassailable title than to his own life and person.

Wow. That got dark for a moment.

But that’s Schopenhauer for you.

ANYWAY…

So, according to the Kantian, John Keating is in the clear.

Right?

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Ok… if John Keating is cleared of moral culpability by the Kantian, what if we ask a utilitarian?

STEP TWO: ASK THE UTILITARIAN

If the Kantian tells us the John Keating isn’t morally culpable for the death of Neil Perry, we might assume that a utilitarian would also tell us that Keating is not responsible (morally) for Neil’s death.

However, if we assumed that we might be wrong.

So, who would the utilitarian tell us is morally responsible for Neil Perry’s death?

You guessed it.

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THE CAPTAIN HIMSELF

The Kantian’s moral principle is grounded in the Categorical Imperative…

I just want to say, for the record, there’s no reason to capitalize the “C” and “I” in the words “Categorical Imperative”. It’s not like we’re talking about God or anything. It’s a stylistic choice. I capitalize it because it’s a nice thing to do for Kant.

As I stated, the Kantian’s moral principle is grounded in the Categorical Imperative. The utilitarian, on the other hand, is guided by the Greatest Happiness Principle. 

So what’s that?

Greatest Happiness Principle, as articulated by John Stuart Mill in Utilitarianism (1863), is:

The creed which accepts as the foundation of morals, Utility, or the Greatest Happiness Principle, holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure, and the absence of pain; by unhappiness, pain, and the privation of pleasure.

Or, as we often say, an act is morally permissible if it produces the greatest good for the greatest number. 

Doing the right thing is all about what act produces the best consequences for the largest group of people

Sounds simple, right?

I mean, all we have to do is aim to make everybody happy.

John Keating teaches his students to think for themselves and make their lives extraordinary. He urges his students to carpe diem — seize the day — all with the aim to produce the best consequences for his boys.

But there’s a problem with utilitarianism.

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You see, an act is good, according to utilitarianism,  only if the act produces good consequences. Here’s the thing: sometimes, despite our best intentions, bad consequences happen. Even if we don’t intend bad results from our actions, the utilitarian says we’re still morally accountable for them.

If we look at what happens in Dead Poet’s Society, it’s pretty plain to see that Keating’s teachings don’t produce good consequences for everybody.

Let’s see all the bad things that happen when you teach kids to carpe some diems:

  • Neil Perry, motivated by the spirit of  carpe diem, auditions for and lands the part of Puck in a community production of A Midsummer Night’s Dream. Neil knows his father does not want him to be an actor. Neil’s father finds out and threatens to enroll Neil in military school, dashing his dreams of becoming an actor. As a consequence, Neil commits suicide.
  • Also motivated by the carpe diem spirit, Charlie Dalton publishes an anonymous letter on behalf of the Dead Poet’s Society demanding that girls be admitted to Welton Academy. This act not only reveals the existence of the Dead Poet’s Society to the school’s administration, resulting in Dalton’s major ass whipping, courtesy of head administrator, Mr. Nolan.

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  • It’s almost guaranteed that the reputation of Welton Academy was damaged in the aftermath of Neil Perry’s suicide.
  • Neil Perry’s parents are now childless.
  • John Keating is now jobless.
  • Welton has to purchase another set of English books to replace the texts that are now missing the J. Evans Pritchard introduction to understanding poetry (this seems trivial but textbooks costs money, people).
  • Charlie (whoops, Nuwanda) Dalton is expelled from school for punching Richard Cameron IN THE FACE in defense of John Keating.

And then there’s this final act of group defiance:

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ALL THESE DUDES GOT KICKED TF OUT OF SCHOOL

Now, that wasn’t good for anybody, was it?

Alright. We’ve talked about John Keating and moral culpability. Depending on what moral view you have, Keating may or may not be morally responsible for Neil Perry’s suicide. When it comes to Kantian/utilitarian ethical debates, we can go all day.

Never mind that. We might have a bigger problem…

Remember that nouthbreather I mentioned earlier?

STEP THREE: WE NEED TO TALK ABOUT KNOX

If you’ve watched Dead Poet’s Society and you’re a fifteen year old girl (shit, even if you’re a guy and you’re not fifteen), you might have swooned over the story of love-struck Knox Overstreet and his quest to win the heart of the object of his affection, Chris Noel.

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LOOKS HARMLESS… LOOKS HARMLESS

The question of moral culpability and John Keating dealt with the question of if or how a person is responsible for the actions of another person.

The question of moral culpability and Knox Overstreet is at what point are we morally culpable for our own actions?

I mean, after all, they’re just kids.

Problem is, even though they’re just kids, Knox Overstreet is RAPEY AS FUCK.

Remember this scene?

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THIS KID HAS GOT #ME TOO WRITTEN ALL OVER HIM

Yeah… only one person in this scene was conscious when this happened.

Now, I’m no lawyer, but I do know that consent is legally required before initiating sexual activity — AND YES, KISSING IS SEXUAL ACTIVITY.

Besides, you can’t consent to anything, even a “harmless” kiss, if you’re not conscious.

Alright, I know. Knox didn’t actually “do” anything. It was just a harmless kiss.  The things is, even if Knox kissed Chris in an “innocent” non-sexual way, he did not have her consent to kiss her. Chris was well with her rights to report Knox to the authorities.

…and press charges.

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IT REALLY ISN’T THO.

Ok, I’m gonna call a time out here. It’s time to define some terms.

Wikipedia (yes, Wikipedia) defines sexual assault as:

…an act in which a person intentionally sexually touches another person without that person’s consent, or coerces or physically forces a person to engage in a sexual act against their will.

Alright. Let’s assume, for the sake of the example, that Knox Overstreet’s “innocent” kiss qualifies as non-consensual sexual contact.

When Knox kissed Chris she was unconscious and unable to give consent — AND she had previously expressed her disinterest in a romantic relationship with Knox.

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So, as far as he knew at the time, Knox was kissing someone who, if she were awake, would have likely rejected him.

That sounds kinda wrong to me.

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ANYBODY ELSE GET THE FEELING THIS KID WOULD SHOOT HIS LAWYER IN THE COURTROOM DURING HIS TRIAL?

BUT — even though it’s wrong (possibly illegal) to kiss, however innocently, an unconscious person, as I asked before, is Knox morally culpable for what he did?

Is a child**, like Knox Overstreet, rational enough to be held morally accountable for his actions?

Immanuel Kant tells us that society’s laws are intrinsically tied to the moral law. Illegal acts are just illegal, they’re morally wrong. Kant also tells us that rationality is requited for moral agency. But how do we determine if a person is rational? More importantly, how much rationality is required for moral culpability? Is it required at all?

Well, if we look at the U.S. legal system (I’m looking at the U.S. legal system because, a) that’s where I live, and b) the U.S. is where Dead Poet’s Society takes place), children as young as 13 are subject to adult prison sentences. That’s because the U.S. legal system assumes a child as young as 13 is rational enough to know the difference between right and wrong.

If a child possesses a basic moral understanding (they can understand the difference between right and wrong), then they ought to be legally accountable for their actions, including possibly being charged as an adult.

Can kinda implies ought.

So… if a 13 year old is subject to legal culpability for committing a crime, then a child the same age as Knox Overstreet (Knox is 17… I think) definitely can be held legally accountable for what he does.

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SORRY, KNOX. YOU’RE GOING TO THE CLINK

Ok. I know. sending a child to prison at 13 years old may seem a bit extreme to pantywaist liberals some. But, remember we’re talking about legal culpability here.

What about moral culpability?

That’s what we were talking about, right?

Well… we might have go back to rationality…

You see, according to science, the teensters don’t think straight. They don’t because they can’t.  

Teenage brains literally prevent teenagers from thinking rationally.

Although adolescents can be charged and incarcerated as adults, neuroscience holds that adolescent brains are different from adult brains. Because a teenager’s brain is not fully developed, they do not possess the capacity to reflect on their actions in the same way adults do; they do not think before they act. Because an adolescent lacks fully developed reasoning skills, an adolescent’s actions are spontaneous (impulsive). Teenagers, like Knox Overstreet, live in a perpetual state of carpe diem.

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OR COSBY DIEM IF YOU’RE KNOX OVERSTREET

 

It’s not unreasonable to argue that a being that is less rational cannot be held morally culpable for what they do.

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IF I WERE CHET DANBURY, YOU KNOW WHAT I’D DO IF KNOX OVERSTREET KISSED ALL OVER MY GIRLFRIEND? I’D GET MY BUDDIES AND TAKE HIM OUT BACK AND PUNCH HIM TILL HE POOPS HIMSELF. THEN I’D CALL IT EVEN…did i fail to mention i actually like the character Knox Overstreet?

SOOOOOO… IF we use the rationality argument to assign moral culpability, we might conclude that Knox Overstreet is not entirely morally culpable for his actions.

BUT WAIT A MINUTE — if Knox can use the rationality (or lack thereof) argument to avoid moral culpability for his actions, doesn’t that mean that Neil Perry is equally not morally culpable for taking his own life?

Maybe. Maybe not. That’s the problem philosophers gotta deal with when we ask questions about moral culpability.

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We ask questions about moral culpability even if the question ultimately is unanswerable.

But since we’re already playing the blame game, isn’t this all really Charlie Dalton’s fault?

STEP FOUR: BLAME NUWANDA

As a fifteen year old Dead Poet’s Society enthusiast, I was smitten by Charlie Dalton.

I think everyone was.

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Charlie Dalton was a natural-born iconoclast. He was the defiant, saxophone-playing poet who took to Mr. Keating’s carpe diem philosophy with the same enthusiasm that legions of DPS fangirls and boys swooned over the golden haired Dead Poet.

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YES YOU ARE, NUWANDA. YES YOU ARE.

Unfortunately, the reason why we love Nuwanda is the exact reason why everything bad that happens in Dead Poet’s Society is all his fault. But why is it all Charlie’s fault, you say?

Remember this scene?

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Yeaaaahhhhh…..

You see, Charlie Dalton was the Dead Poet who placed the anonymous editorial in the school paper petitioning for girls to be admitted to Welton Academy.

That led to some bad consequences…

  • If not for Charlie’s article, Mr. Nolan and the school’s administration would not have known of the Dead Poet’s Society.
  • If the administration didn’t knew about the existence The Dead Poet’s Society, they might not have tied the club to John Keating
  • And if they hadn’t tied the existence of the club to John Keating, Keating might not have lost his job at Welton and his students might not have risked expulsion by standing on their desks with that “O Captain, My Captain” thing.

Pretty sure Neil would still be dead, though.

Hey, wait a minute! Wasn’t it Neil who found Keating’s old yearbook and reconvened the Dead Poet’s Society?

So it’s actually all Neil’s fault.

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YEP. IT’S ALL NEIL’S FAULT

But, Neil’s just a seventeen year-old kid. And teenagers aren’t always morally culpable for what they do.

Here we go again. That damn moral culpability.

ANYWAY….

I’ll just say Meeks is responsible for it all.

 

 

 

 

*For the record, Neil’s suicide was not the right thing to do.

** A child is legally defined as individuals under the age of eighteen.

 

 

 

SOURCES:

https://en.wikipedia.org/wiki/Culpability

Immanuel Kant. [1785]. Groundwork of the Metaphysics of Morals

https://www.brainyquote.com/quotes/arthur_schopenhauer_104802?fbclid=IwAR2cHlLHLxsGJJr-QEWxS7Krddafmek_BQXAPE363jHgLkIZDmm5IP5W1ag#targetText=Arthur%20Schopenhauer%20Quotes&targetText=They%20tell%20us%20that%20suicide,his%20own%20life%20and%20person

John Stuart Mill. [1863]. Utilitarianism

https://en.wikipedia.org/wiki/Sexual_assault#Groping

https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/child_law_practice/vol-34/august-2015/understanding-the-adolescent-brain-and-legal-culpability/

THE (UN)ETHICS OF TV LAW

IN ALL HONESTY cutting the cord kinda sucks.

When you got cable tv, you inevitably end up with a bunch of channels you don’t watch. And it costs too much money.

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The only good thing about cable tv is good reception.

I don’t have cable tv anymore.

Now I have an antenna.

Watching television with an antenna is almost as bad as cable tv.

That is to say, you still get stuck with a bunch of channels you don’t want to watch.

Only the reception is worse.

….which leads me to why I’ve been watching a lot of Start TV.

For those of you who have no idea what StartTV is (and I suspect there’s more than a few of you who don’t) StartTV is an over-the-air television network specializing in women-centered programming.

I swear I am not making a pitch, here.

Anyway, if you enjoy wasting spending your potentially productive waking hours binge watching old episodes of Dr. Quinn Medicine Woman, Ghost Whisperer, and Touched By An Angel, then Start TV is the network for you!

Seriously, I should be getting paid to plug this network.

I might want to say that spending most of my otherwise productive hours of the day binge watching Start TV is a waste of time, but I can’t say my time is entirely wasted.

After all, Start TV airs reruns of The Good Wife.  Two episodes a night. Seven days a week.

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All I can say, is thank God for procedural dramas.

I’m not going to get into the weeds describing the show (you can check it out for yourselves), but i will say that I like The Good Wife more that I like Law and Order (and Law and Order is EVERYTHING) and after all these years I still hate Jeffrey Grant.

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YOU CAN SERIOUSLY GO FUCK ALL OF YOURSELF FOR WHAT YOU DID, JEFFREY GRANT

 

If offered a jaunt inside Nozick’s experience machine, all I’d say is,

Me.

Will Gardner.

and a plate of nachos.

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SERIOUSLY, BOTH ISN’T AN OPTION???

Although I’m unashamedly a devotee of the Will Gardner Worship Society,

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I KNOW i’M NOT THE ONLY PERSON WHO SHIPPED HARD FOR WILL AND DIANE

watching The Good Wife, I can’t help but be reminded of my first tv lawyer crush — my not-as-obsessed-with-as-I-am-with-Will-Gardner-but-kinda-a-lot-for-a-fictional-character crush on New York District Attorney John James “Jack” McCoy of NBC’s long-running legal drama Law and Order.

You just heard the dun-dun didn’t you?

Now, you may ask, why was Jack McCoy my first tv lawyer crush? Go ahead and ask.

I won’t mind.

After all, Jack McCoy doesn’t cut an imposing figure like Perry Mason or have the swagger of a Will Gardner or look as good in a custom-made ensemble like the guys on Suits.

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LOOK AT THOSE DASHING ENSEMBLES

But, what Jack McCoy has — something that Perry Mason, Will Gardner, and the dudes from Suits don’t have… is KANTIAN PHILOSOPHY.

I think Matlock does, tho.

But that’s another story…….

You see, if there’s any trait that ties tv lawyers together, it’s their collective lack of morality. Or rather, their collective lack of good morality.

It’s not unfair to declare that tv lawyers are a ethically deficient bunch.

In a sea full of moral reprobates, Jack McCoy stands out, not just because he’s a (fairly) morally upstanding guy (comparatively), but because McCoy’s morality is (probably) grounded in the Ethics of the most moral of moral philosophers, 18th century German philosopher, Immanuel Kant.

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LOOKS KANTIAN, DOESN’T HE?

Listen: Anybody who knows me knows I claim to be an ethical Kantian. And anybody who knows me knows that i have a soft spot for Kantian characters.

Yeah, i know. Ayn Rand would hate me.

That’s kinda a good thing, tho.

So, lets chat a bit about why Immanuel Kant is so fantastic and how Jack McCoy is the most Kantian(esque) lawyer on tv, shall we?

If you don’t already know (and I don’t blame you if you don’t), Immanuel Kant tells us all ethics is based in duty. Our actions (motivated by duty) are grounded in our obligations to respect the autonomy of other persons and our respect for the (moral) law. According to Kant, our moral duties are universal and absolute (categorical imperatives, if you will), that we are bound to follow, no matter the consequences. Kant says about our moral duty:

an action done from duty has its moral worth, not in the purpose that is to be attained by it, but in the maxim according to which the action is determined.

According to Kant, our actions are morally good if we are acting according to our moral duties — aka following the Categorical Imperative, aka adhering to universal and absolute moral law.

Jack McCoy does this…most of the time.

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If you read your Immanuel Kant (again, I don’t blame you if you haven’t) You’d probably get the feeling that the second formulation of Kant’s Categorical Imperative sounds a tad like biblical principle of The Golden Rule.

The Second Formulation of Kant’s Categorical Imperative:

act in such a way that you simply treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end

The Golden Rule states Do unto others as you would have others do unto you.

It’s nor surprising that McCoy is (almost) Kantian. Not only was Jack McCoy raised Catholic, he was also educated by the Jesuits!

you see, that’s where the biblical principles come in…..whatever.

Ok…I know what you Law and Order fans are saying. There were plenty of times when Jack McCoy would bend the law, threaten even innocent people. and outright lie to get convictions. McCoy has been found in contempt of court on not one, but several occasions.

To that, I say touche and you are correct, my fellow Law and Order fan.

We can blame that on Jack’s lapsed Catholicism…..

Hey, even Kant says you gotta turn over he innocent guy to the ax murderer.

However, Jack Mc Coy’s actions are motivated by his respect for doing what is right (whoops, I mean what is RIGHT because I’m talking about what is ethically right, here) and his respect for the law.  McCoy’s unrelenting pursuit to convict the guilty — including his own colleagues — earned him the nickname “hang ’em high” McCoy.

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When defense attorney Danielle Melnick passes along information that leads to the deaths of witnesses against her client, McCoy does not hesitate to prosecute Melnick for violating special administrative measures — despite Melnick’s attempt to appeal to her (otherwise) good legal record and her friendship with McCoy. McCoy is not persuaded McCoy to overlook her participation in several murders.

It’s also worth noting that Jack McCoy prosecuted more police officers than any other district attorney while in office.

No one else but a Kantian like Jack McCoy would do that.

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Ok, I know that’s ADA Barba and not a cop.

 

Well, probably Matlock would.

but that’s another story……

 

 

 

 

SOURCES: Immanuel Kant. [1785]. Groundwork for the Metaphysics of Morals.

 

BETTER LIVING THROUGH KANTISTRY

ETHICALLY SPEAKING, I’M PRETTY much all over the place.

I would never admit it to anyone, especially not to my old ethics professor, but my ethics often depends on my mood.

And no, I wouldn’t say I’m an emotivist.

Even an emotivist has consistent principles.

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I have more of a whatever happens happens kind of ethics.

Some people say that’s treating ethics like a buffet. You pick and choose only what you want to eat.

I had a professor who called it theory shopping.
Well, if theory shopping is what I’m doing, then color me a shopaholic.

 

For many years I called myself a Kantian Egoist. My first blog was called The Kantian Egoist. I still kind of consider myself a practitioner of Kantian egoism.

…and it doesn’t violate the categorical imperative.

Now, anybody who has ever tried it, knows that adopting a purely Kantian ethics lifestyle is next to impossible. Anyone who wants to keep friends would ever tell an axe murderer that the murderer’s intended victim is hiding in a closet.

Even Rahab lied to protect the Israelites.

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That’s kind of where the egoism comes in.

But there’s a problem with egoism.

To wit: this problem with egoism is this

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She’s not the only egoist-slash-objectivist, but she’s certainly the most famous one. And if I have any goal in life, it is to not be associated with being a devotee of Atlas Shrugged or The Fountainhead.

Besides, being an egoist just makes everybody hate you.

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I’ve tried virtue ethics. I’ve done moral relativism. I dabbled in moral nihilism and at various times called myself a practitioner of hedonism, and of classical, act, and rule utilitarianism.

Still…I just can’t get over my fondness for Kantianism.

Don’t get me wrong…I’m not gaga over everything Kant.

There’s not enough bitcoin I could mine to pay me to slog through Kant’s Critique of Pure Reason again.

It’s a book of pure something, but it ain’t reason.

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I may be guilty of a philosophical sin, here, but I prefer Kant’s ethics over his metaphysics.

Yeah, I know. They’re connected.

How could one POSSIBLY be a fan of the categorical imperative without also accepting transcendental idealism as the end-all be-all of philosophical metaphysics????

I know, right?!?!?

You see, I spent exactly 3.7 years as a practicing utilitarian and all I got for it was a mess of bad decisions motivated by the expectation of good consequences.

I did more than a little bit of bad trying to do the greatest good.

The best-laid plans of mice and men, eh?

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Utilitarian ethics is all based on calculating consequences, and I suck at math.

That’s precisely why I like Kantian ethics. It’s so cut and dry. No consequences. No evading my moral responsibilities with a that wasn’t supposed to happen, or it seemed like a good idea at the time.

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Kantian ethics is pretty (somewhat) easy.

Ok. I know what you’re going to say: “The Mindless Philosopher, you said, not more than a few semi-paragraphs ago, that, anybody who has ever tried it, knows that adopting a purely Kantian ethics lifestyle is next to impossible.’

Yes, I did say that.

As counterintuitive as it may seem, the fact that a theory is difficult to practice as a lifestyle doesn’t necessarily mean that the theory isn’t easy to practice on paper – aka, the place where all good philosophical theories work best.

Allow me to give an example.

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Because of your all-consuming railroad track fetish, you spend countless, unproductive hours staring at train tracks, waiting for “something” to happen. One day, while observing your favorite pair of diverging rail tracks, you spot on one track, Track A, a group of five people who have been lashed to the rails. On the other track, Track B, your five-year-old child has taken up the family tradition of hanging out on busy railroad tracks for no good reason. A large freight train is racing down the track. Your option is to pull a lever that diverts the train down either Track A) the track with the group of five, or down Track B) the track with your weird kid.
YOU must pull the lever to decide which track (A or B) the freight train takes. Do you save your kid and kill five people, or do you kill your ONE kid and save the five?

This is, of course, the famous (or infamous) Trolley Problem thought experiment. The thought experiment is intended to test utilitarian ethics.

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The utilitarian’s decision, to pull the lever to send the train down Track A or Track B, depends on what the utilitarian believes will bring about the best consequences e.g., the greatest good for the greatest number.

Now, can Kantian ethics solve the Trolley Problem? No, not necessarily. But – the problem with utilitarian ethics is, despite our most calculated calculations, we might arrive at the wrong outcome.

Our initial utilitarian instinct when dealing with the Trolley Problem is to say that our utilitarian duty would require us to sacrifice the one life to save the lives of the five.

The net good of saving five people is greater than the net good of saving one person.

…because five is more than one.

But wait a minute… utilitarian ethics requires us to calculate the right course of action based on expected consequences. Of course, because human knowledge is limited, we can’t know what the consequence of an action will be. Utilitarian ethics is, at best, based on speculation.

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There’s no way we can know that your weird five-year-old child (the one we decided to kill to save the five) would grow up to discover the cure for herpes, saving millions from the pain and embarrassment associated with the disease.

There’s no way we can know that one of the five people we saved was a serial killer, who promptly rewarded your kindness by slaughtering you and the other four people you saved.

…along with a few more people.

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That would not be the greatest good for the greatest number.

Fortunately for us, Kant does not require us to speculate consequences.

Kant’s ethics is based entirely on DUTY.

Consequences be damned, Kant says, we do what we do because it is the right thing to do.

It’s the right thing to do because the categorical imperative tells us so.

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Kant’s Categorical Imperatives are absolute and non-negotiable. They hold for all people, under all circumstances, at all times.

There are four formulations (are there four? I know there’s at least three) of the Categorical Imperative, but the most important (at least the most well-known) is the first formulation:

Act only according to that maxim whereby you can, at the same time, will that it should become a universal law.   

There’s also the second formulation of the Categorical Imperative:

Act in such a way that you treat humanity, whether in your own person or in the person of any other, never as merely means to an end, but always at the same time as an end.

 

That is, don’t use people to get things that benefit only you.

If you just take formulations one and two, it’s virtually impossible to do anything wrong!
And there’s absolutely no need to worry about consequences because you won’t be doing anything bad in the first place!

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You won’t cheat on your spouse or on your taxes because we wouldn’t want to make infidelity or cheating on taxes universal law.

You won’t want to use people to your own advantage because people are not here as mere means to our ends.

…and we wouldn’t want to make using people a universal law.

So many bad decisions would be prevented with the simple question “Would I want everyone to do this?”

If the answer is no, don’t do it.

But…what about that trolley, tho?

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Now, if we’re utilitarian, we’d strain a muscle patting ourselves on the back for our morally correct decision making. After all, we saved the lives of five people. The Kantian, on the other hand, does not engage in such muscle training activity. Namely, because the Kantian realizes that

YOU KILLED SOMEONE.

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Remember: for Kant, the consequence does not matter. What matters is the principle that got you to what you did. If you flip the switch, are you using the one as a mere means to the ends of the other five? Would we want to say it’s ok for everybody to disregard one life because it makes other people feel good? *

You see, just as Kant would not want us to lie to the axe murderer, because lying is a violation of moral principles, we can’t violate our moral principles just because it is expedient for us to do so. Kant tells us that we must respect the lives of all (rational autonomous) beings, and that we cannot, no matter what beneficial consequences might result from our actions, violate the autonomy of a fellow rational being.

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If we believe that it is morally wrong to kill, it is always wrong to kill – no exceptions.

I guess the Kantian would just walk away, or something.

…or ask an egoist to pull the lever.

 

 

 

 

 

 

 

*I am aware that there is an argument to be made that Kant would pull the lever. I am not making that argument. Play along.

We Do Not Kill the Living… Except… : On the Shifting Morality of Rick Grimes on AMC’s The Walking Dead

If it’s not obvious by now, I’m obsessed with a fan of The Walking Dead.

Actually, I’m pretty much a fan of anything to do with zombies (one notable exception being George A. Romero’s Survival of the Dead. Sorry. I love Romero’s movies but that one was just awful). So, if you want to invite me over for dinner and a movie, you’d better be sure that the movie has something to do with reanimated corpses and flesh eating.

Any fan or even non-fan of the show knows there’s a great deal of ballyhoo over AMC’s unlikely hit chronicling a small band of zombie plague survivors as they fight for survival amid the zombie apocalypse (aka ZA), and that the series has become the highest rated basic cable television show in TV history. And as sure as Trioxin 245 re-animates dead flesh, the show’s popularity has incited what can only be described as “haters”. If you think about it, it’s fairly easy to deride  a TV show that not only is based on the ridiculous premise of society being overrun by flesh eating revenants, but also plays out less like Romero’s Night of the Living Dead and more like an episode of Beverly Hills 90210. However, for reasons that even the most enthusiastic The Walking Dead fan can’t quite explain, millions of television viewers tune in every week to see the high drama (and maybe a zombie kill or two), post-apocalyptic world of former sheriff’s deputy Rick Grimes and his fellow ZA survivors.

Ok, there’s a good reason to think of The Walking Dead as nothing more than soap operatic or as a mere B-movie zombie flick delivered in weekly installments, but those who are philosophically inclined might have noticed amid the 3-way love triangles and Carl Grimes’ incessant annoyingness, something afoot going on  namely, that hidden within the throngs of shambling draugurs, The Walking Dead also gives its fans something philosophical to chew on.

One of those things is the shifting morality of former deputy sheriff Rick Grimes.

When we’re introduced to Rick Grimes (played by Andrew Lincoln), a deputy sheriff from BFE, Georgia, in the series’ debut episode “Days Gone Bye”, Rick is initially presented as an honest, hard-working, small-town sheriff who sternly reminds a fellow (albeit inept) deputy to make sure the safety of his gun is off before getting shot by a fleeing robbery suspect. When we see Rick Grimes we should be thinking this:

This is Sheriff Andy Taylor as played by Andy Griffith on “The Andy Griffith show”.

Even though we’ve seen Rick on screen for barely five minutes, when his is shot and slips into a coma, we worry about him. We want him to make it through ok. When Rick awakens from his coma (after an unspecified amount of time) to find the world has been overrun by the living dead, we know that he will survive

Because after all, he is Rick Grimes.

As viewers, we like Rick Grimes. We like Rick because despite the fact that he has no idea what is happening around him, Rick  slips into badass mode and quickly assumes the role of the hero. Rick (barely fully recovered from emerging from a coma, mind you) helps Morgan Jones and his son Duane find a hot shower and load up on guns at the abandoned sheriff’s office. Next, Rick helps a group of survivors escape a department store in Atlanta, and even attempts to return back to the city to rescue a member of the group (the abrasive, sexist, homophobic, and racist Merle Dixon) who is chained to a pipe on the store’s roof and left behind. Although members of the group argue that Merle is not worth saving, Rick feels that it is his duty to return to the city to get Merle. Rick tells the others that no living being deserves to be chained to a roof and left to die. Rick’s absolutist morality dictates that he is obligated to save Merle Dixon, even if it means that his own life is on the line; even if he dies in the attempt, Rick feels that he must fulfill his duty to others despite the consequences.

At this point, Rick’s morality is deontological. That is, Rick Grimes is following the moral principles of Deontological Ethics. Deontological ethics, most notably associated with the German philosopher, Immanuel Kant (1724 – 1804), is the ethical theory that holds that the morality of an action is judged according to one’s adherence to universally binding rules, duties or obligations to oneself and others. For the deontologist, the consequences of an act do not matter as much as the intentions behind an act. Kant wrote:

Do what is right, though the world may perish

Rick’s uniform symbolizes law and order; an absolutist (deontological) morality. And it is clear that Rick, who sports his sheriffs’ uniform well into season 2*, is strongly rooted in a clear sense of right and wrong. He does what is right despite the fact that the world has ended. Rick’s strong and unwavering sense of right and wrong suggests that according to Rick’s Kantian ethics, neglecting his duty to save others is morally wrong even if the person he‘s saving is a morally reprehensible sexist, racist, homophobe.

Kant states that we act from a good will when we follow the Categorical Imperative. The categorical imperative consists of two primary formulations:

Formulation One: Act only according to that maxim by which you can also will that it would become a universal law.

Formulation Two: Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.

Rick sees Merle as an end in himself, a person who, despite his flaws, deserves to be treated in a humane way.

We know that Rick Grimes is not only a man who acts in an ethically correct manner, he’s a Good  (capital G) man. Rick believes that it is wrong to leave Merle Dixon chained and abandoned on a rooftop. When Rick tells his wife Lori about the generous acts of Morgan Jones and his son Duane, he explains to her that he is obligated to repay their act of generosity through doing good for others. And when a fellow survivor (Jim) is bitten by a zombie, Rick clearly lays down a deontologically-inspired universal edict when he tells the others who want to kill Jim before he dies and turns into one of the undead, “we do not kill the living!”

It’s worth noting Rick says it while holding a gun to a man’s head.

And even when Rick is re-killing the dead, he does so with a sense of compassion.

Rick Grimes is such a good guy, he apologizes to this zombie before he shoots her in the head.

From all appearances, Rick Grimes is a zombie slaying, Kantian badass but there’s a problem he doesn’t stay that way.

…it all has something to do with a guy named Shane Walsh.

Shane Walsh (played by Jon Bernthal), Rick’s former partner and wife stealer best friend, operates by a different set of ethics. Although Rick Grimes and Shane Walsh are partners in upholding the law as sworn sheriff’s deputies, it’s clear that their moral compasses are pointed in different directions. Unlike Rick, whose morality is deeply rooted in deontological obligations and duty, Shane’s morality rests on a different standard of right and wrong: consequences. Shane’s morality does not ask what is my moral obligation to others. But instead Shane’s morality asks, what do I have to do to stay alive?  And more often than not, the answer to Shane’s moral question is whatever it takes, by any means necessary. Shane’s ethics are pragmatic; in that Shane, as pragmatic philosophers suggest, determines what actions are morally correct based on whether an action works.

So, when Shane beats the ever-loving crap out of Ed Peletier, the abusive husband of Carol Peletier (while threatening to beat Ed to death, even though Ed posed no danger to Shane), Shane justifies his actions by believing that beating Ed contributes to group cohesion. When Shane breaks the lock on Hershel’s barn and re-kills all the zombies inside, he is doing it, not to crush Hershel’s hope of finding a zombie cure, but to save the group from danger. When Shane shoots Otis, repeatedly challenges Rick’s authority and leadership abilities, breaks the prisoner Randall’s neck, or even justifies his adulterous relationship with Rick’s wife Lori, Shane reasons, although he might not have done the popular thing (aka right thing to do), that his actions were ultimately justified in that what he did produced positive results.*

Shane Walsh solves his moral dilemmas like this:

… and like this

… and like this

… and like this

… and like this

* I suppose it can be argued that Shane Walsh’s ethics are not so much pragmatic as he is an act utilitarian. Either theory works.

Although Rick initially rejects Shane’s necessary evil in an evil world-based morality. Rick’s deontological ethical standpoint does not hold up for long (at least not past season 2). Rick Grimes is forced to kill Shane after Shane plots to kill Rick in an attempt to steal Lori and Carl from his former partner.

Shane eventually ends up like this:

I’m thinking Shane was really regretting trying to kill Rick.

Although by killing Shane, Rick is free to resume his deontological ethical ways, he does not. Instead of sticking to his Kantian guns, Rick assumes Shane’s pragmatic/act utilitarian ethical view. Rick’s new morality, which is pragmatic at best (ambiguous at worst) reflects the new world A world without distinctions. A world of contradictions, where beings are alive and dead and one must do whatever it takes to survive.

When Rick puts away his badge at Hershel’s farm, it signals that Rick has abandoned his absolutist morality. And by mid-second season, Rick violates his universal declaration that we do not kill the living when he shoots and kills two living men in a bar (by season 3, Rick’s kill count is up to five). When Rick kills Shane, we not only realize that Rick has put aside his own morality, but we realize that the kind of absolutist morality of Immanuel Kant belongs in the old world where absolutes like good and bad, right and wrong, and living and dead exist. In a world filled with the undead, absolutes no longer apply.

By the end of season 2, Rick Grimes is a morally changed man. He is no longer willing to adhere to the rules of the former world. Rick will do whatever it takes and by any means necessary to survive, even if doing so means that he has to (intentionally) hurt others to do so.

As The Walking Dead continues, we will see how the shifting morality of Rick Grimes plays out. Rick’s group of survivors has yet to encounter morally challenged Governor of Woodbury. And Rick’s mental breakdown following the death of his wife most assuredly will affect his moral position in future episodes. Although we’re only halfway through season 3, I have the feeling that in the future, Rick Grimes is going to be solving most of his problems like this:

SOURCES:

http://en.wikipedia.org/wiki/Deontological_ethics

On Honey Boo Boo and the ethics of self exploitation

I’ve noticed a few things lately. I’ve noticed that scripted television isn’t around much anymore. I think there are still writers out there (or did I miss something? Are professional television writers banned?). Someone please correct me if I’m wrong, but none seem to be busy writing for prime time TV.

I have noticed that there are a whole lot of “reality TV” shows flooding my Time Warner cable.

I’m not necessarily complaining about reality TV. I actually like some of these shows. I admit I can’t do without my RuPaul’s Drag Race, Project Runway, Chopped, Face-Off, or My Cat From Hell. Although I enjoy watching the overly dramatic (and thoroughly edited) lives of reality TV stars and their shows, I’ve noticed that despite the tremendous entertainment value of reality TV, the genre has been the object of an equal amount of criticism. As of late, the criticism seems to be focused on one reality TV show in particular.

This one:

This is the cast of The Learning Channel’s Here Comes Honey Boo Boo.

In case you’ve been living under a rock (or just somewhere where there is life beyond television), Here Comes Honey Boo Boo follows the lives and antics of seven-year old pageant kid, Alana “Honey Boo Boo” Thompson, her parents, June “Mama” Shannon and Mike “Sugar Bear” Thompson, and Alana’s three older sisters, Anna (aka “Chickadee”), Jessica (aka “Chubbs”), and Lauryn (aka “Pumpkin”), while giving the rest of America a glimpse into life in rural McIntyre, Georgia.

Might I add that the family recently added Baby Kaitlyn, the daughter of Alana’s eldest sister Anna.

…And for a while the family owned a pig named “Glitzy”.

Now, on the surface, Here Comes Honey Boo Boo is no different from its watching-real-people-as-entertainment predecessors. PBS’ An American Family, which aired in the 1970s, established the tradition of broadcasting one’s private tribulations for the world to see (I think one can clearly mark the start of the decline of reality television from the moment PBS aired Pat Loud asking her husband Bill for a divorce). The problem with Here Comes Honey Boo Boo, some say, has to do with the fact that the Family Boo Boo has done something one might have thought was impossible to do in reality television: show has actually crossed the line of good taste. A critique of Here Comes Honey Boo Boo in The Hollywood Reporter read:

“You know this show is exploitation. TLC knows it. Maybe even Mama and HBB know it, deep down in their rotund bodies. Here Comes Honey Boo Boo is a car crash, and everybody rubber-necks at a car crash, right? It’s human nature. Yes, except that if you play that card, you also have to realize that human nature comes with the capacity to draw a line, to hold fast against the dehumanization and incremental tearing down of the social fabric … “

The Hollywood Reporter called the show “horrifying”.

The Guardian wrote:

“none of the women or girls who participate in the show seems to hate themselves for their poverty, their weight, their less-than-urbane lifestyle, or the ways in which they diverge from the socially-acceptable beauty standard.”

In addition, The Guardian accused TLC of  portraying Honey Boo Boo and her family as something to “point and snicker at”.

But what exactly are we pointing and snickering at? As much as we might want to keep the reality of rural America a secret, the Thompson/Shannon family is no different from many families in the U.S. Thirty-seven percent of Americans live in the South. At last count, a clear majority of the American public (like Honey Boo Boo’s family) is overweight. And like June Shannon’s family, many American families include children fathered by different men.

So what’s the problem?

If The Guardian is correct and TLC is offering Here Comes Honey Boo Boo as something to “point and snicker at”, then we should consider what exactly the network is up to in airing the series. If the show is on merely for the purpose of laughing at the Thompson/Shannon family, we may have an ethical problem on our hands. The German philosopher Immanuel Kant (via the Second Formulation of his Categorical Imperative) argues that we are not to use others as mere means to our ends. Kant writes:

“Act in such a way that you treat humanity, whether in your own person or in the person of any other, never merely as a means to an end, but always at the same time as an end.” — Groundwork of the Metaphysic of Morals

This means, if we want something (e.g. we want to be entertained) we must make sure that no one is exploited by our act. THAT means if we watch Here Comes Honey Boo Boo for the sole purpose of laughing at Honey Boo Boo and her family, we are using them as mere means to our ends. There are other, less harmful ways we can be entertained (like reading philosophy). And our entertainment should not come at the of the degradation of others.

But is the TV show truly exploitive? Well, lets start by asking what is truly exploitive about the show? We know that low-income, not-too-educated, rural, self-professed “rednecks” exist — whether they are on TV or not — and Alana Thompson’s parents were entering their daughter into kiddie pageants long before the show aired. Watching a family like Honey Boo Boo’s isn’t necessarily exploitive, even if we are entertained by what we see.

It is possible that some people are watching the show for educational reasons.

Hey — It’s possible!!!

I guess we’re left to ask, does the fact that a camera is present automatically mean that anyone is being exploited?

Watch it and make the call for yourself:

SOURCES:

http://en.wikipedia.org/wiki/Here_Comes_Honey_Boo_Boo

* it is worth noting that The Learning Channel (TLC) was created as a joint project between NASA and the U.S. Department of Health, Education, and Welfare, in 1972, for the purpose of providing “real education” via television. So, the claim that one is watching Here Comes Honey Boo Boo for its educative value is not so far-fetched as it seems.

On the Question of So-Called Superchimps, Their Place in our Moral Universe, and What Their Inclusion Means For the Average Idiot

I have a dog. I care about my dog. I care about my dog’s well being. I want him to be safe from moving cars or tainted dog food. I want others to be nice to my dog and respect my dog’s “right” to live a full, fun-filled dog life. My sentiment is not uncommon or even discouraged among pet owners. If asked, most pet owners would say that they care for their pets. They care about whether their pets have enough food to eat, or whether they are kept warm at night or safe from harm. But why is this so? Why do we value our pets so dearly?

The answer is because we include our pets in our moral sphere, that is, our pets are morally considerable. But, if we say that our pets are morally considerable, what do we mean when we say that something counts morally? What criteria do we use to determine who is in and who is out of our moral universe?

We say that something has “moral status” if that thing ( or being ) counts for us morally. That is, we owe certain moral obligations to certain, other beings. Status is most often defined in terms of  moral agents and moral patients. Individuals who possess rational autonomy and are self-legislating are moral agents. Moral patients are those individuals who lack, either by age, physical or mental condition, etc, the ability to self-legislate or rational autonomy are moral patients. For example, a year-old child lacks the ability to engage in rational, self-legislating behavior. The child is a moral patient. The child’s parent, if the parent is autonomous and self-legislating, is the moral agent who must act to the benefit of the child. An individual is in our moral sphere only if we grant the individual moral consider ability.

But, the act of considering an individual’s moral status relies on an important supposition: The act of considering the effects of our actions upon others indicates that those individuals that we take into account are already included  in our moral sphere. So, if moral considerability indicates that others are in our moral sphere, then we must ask, how do we include others in our sphere? That is, what are the criteria for the inclusion of other beings?

The West’s traditional view of moral status is grounded in the biblical texts of the Old Testament and Aristotle‘s hierarchy concerning nature and the natural order. The book of Genesis clearly states the relationship between man and animals:

Then God said, “Let us make man in our image, after our likeness; and

let them have dominion over the fish of the sea, and over the birds of the

air , and over the cattle, and all over the earth, and over every creeping

thing that creeps upon the earth”. (Genesis 1:26. Emphasis added).

The traditional biblical view holds that man, as a being created in God’s image, is given the earth to rule as he sees fit. The fact that animals are not made in God’s image  discharges any human from any moral obligation to the welfare of animals. According to the biblical view, the lack of any ability to morally wrong any animal means that animals are not morally considerable.  Aristotle brought the hierarchy to nature (and the natural order of things) which placed humans, more specifically free human males, at the top of the “natural” hierarchy. Aristotle wrote that man’s power of reasoning endowed him with natural superiority (and a soul). The way of nature, in Aristotle’s view, naturally places superior beings in positions of authority over inferior beings. In other words, if a rational soul is a superior trait, then it is the way of nature for animals who possess this trait to rule over animals that do not possess the same superior trait. Aristotle stated that animals, by contrast, are governed by their passions or instincts. Aristotle wrote that man’s rational soul ruled over his passions, and that this trait indicates that man’s natural place is to rule over animals. Aristotle reflects the traditional view in that inferior animals are “natural slaves” that are benefited by serving the interests of superior animals. Aristotle writes,

“…the other animals exist for the sake of man, and tame for use and food, the wild, if not all, at least the greater part of them for food…”

Descartes continued the traditional view of moral status. Descartes wrote that animals are mere “machines” meant to serve the need of their human masters. Although Descartes maintains the traditional view that man’s intellect confers superior status, Descartes gives an additional criteria for man’s moral superiority to animals. For Descartes, the capacity for speech is indicative of an individual’s intellectual capacity. The fact that animals possess no capacity for speech (at least no speech that humans can understand), animals cannot “… use speech… as we do when placing our thoughts on record for the benefit of others.”

It is important to stop at this point to clear up an immediate objection to Descartes’ speech criteria.  If Descartes means to state that any being that lacks the capacity to express their thoughts in speech also lacks the capacity to think, one might put forth that Descartes is excluding humans who are mentally or physically challenged from the moral sphere. Humans who cannot speak due to physical or mental impairments, if Descartes’ criteria is used to define moral status, may be reduced to the status of “brutes” or animals.  Descartes, however, explains that his speech criteria does not exclude the mentally or physically disabled, on the grounds that individuals who lack verbal speech often find other ways to communicate their thoughts to others. For instance,  person who is born mute may learn to communicate through sign language. A person who is mentally handicapped may learn to express themselves, despite the fact that they lack the ability to communicate verbally. Descartes states that a disabled individual may have a diminished intellectual capacity, but is not excluded from the moral sphere due to the fact that humans who are intellectually “inferior“  possess some capacity for self expression. An animal, on the other hand, not only lacks a minimal capacity for rational thought, but lacks any capacity for rationality at all.
Although Descartes explains that his speech criteria will not exclude humans (including the mentally and physically disabled) from the moral sphere, Descartes’ explanation fails to recognize the fact the speech criteria may indeed reduce some humans to the status of mere “brutes”. Some humans do lack any capacity for speech, such as profoundly retarded individuals or the comatose. In addition, some animals have acquired the capacity to express their thoughts through non-verbal human languages such as American sign language. And, if the traditional hierarchical view places a rational soul at the top of the natural order, the fact that some animals possess a capacity for rational thought leads us to question whether an animal that possesses the capacity for rational thought may assume a higher position in the natural hierarchy. An animal that possesses a rational soul may disrupt man’s assumed position at the top of the natural hierarchy. A human who lacks the capacity for rational thought, such as the mentally challenged or the comatose, may be relegated to the status of animals and excluded from the moral sphere.

As humans, we feel reluctant (intuitively) to exclude people who we feel not only merit moral consideration, but also fit into the moral sphere. We feel that it is wrong to exclude any human from moral consideration on the basis that a person lacks the capacity to articulate their thoughts. We feel that despite their physical or mental handicap, a human mentally or physically disabled human is still a human, and that their humanness demands moral considerability and inclusion in the moral sphere. But, what about an animal who, despite a mere physical or mental difference from other rational beings, possesses human-like qualities, such as rationality and the ability to articulate its thoughts through language?  Is there a criteria for moral status that will allow us to include both rational animals and marginal cases? I believe that the answer is yes. I hold that Kant’s criteria for moral status allows us to include rational animals, but more importantly, Kant’s moral status criteria allows us to preserve marginal cases for moral consideration in the moral sphere.

It is  possible that nature may produce a chimpanzee with cognitive abilities that exceed the capacities of the average human. The fact that this “super chimp” ( let’s call him “Arthur Crackpot”), surpasses the intellectual capacity of the average human cannot be ignored, nor can it be dismissed as a mere aberration. It would not be difficult to imagine that Arthur Crackpot or any chimpanzee that possesses a high capacity for rational thought would not hesitate to articulate its thoughts or express what it considered to be its own interests. We can be most certain that Arthur Crackpot and any other “super chimp” would demand immediate inclusion into our moral sphere. The fact that the animal can do so forces us to deal with it in a manner that does not conform to the traditional biblical, natural hierarchy, nor can we treat the animal as a mere machine that is fit to serve man’s needs. So, if the difference between man and animals — primates in particular — is trivial, and a naturally occurring “super chimp’ is not outside the realm of possibility, then the mere fact that man and animal are different species is not a morally relevant difference to account for the exclusion of animals from the moral consideration or the moral sphere.

If we grant moral consideration of smarter animals, and we include Arthur Crackpot and other “super chimps” in our moral sphere because they rank higher on the hierarchical scale, then, if we are to be consistent, we must exclude certain marginal case humans who possess intellectual capacities far below the capacities of other animals. But, as I said before, this sounds intuitively wrong. We should not exclude humans simply because they lack the ability to articulate their thoughts or the capacity for rational thought. So, what perspective allows us to include both “super chimps” and marginal cases? I believe that the Kantian approach to moral agency allows us to  not only extend moral consideration  and inclusion of animals such as Arthur Crackpot, but the Kantian approach also allows us to keep marginal case humans in the moral sphere.

Kant states that rational beings must be treated as ends in themselves. That is, beings that possess the ability for rational thought cannot be used as a mere means to another person’s ends. Rational beings, according to Kant, are self-legislating and autonomous. The fact that rational beings possess an autonomous and self-legislating will grants them moral agency. Moral agents are not only morally accountable for their own actions, but are also morally obligated to moral patients. For Kant, rationality is not a matter of degree, but a characteristic that is all-or-nothing. Beings are either rational or they are not rational. Although Kant’s criteria seems to push us once again towards the hierarchy, the concept of moral patients pushes us away from excluding rational animals and irrational people.

Kant states that man’s duty to animals is indirect, in that our duties to animals are limited to treating them in a non-abusive manner, but Kant also states that our treatment of animals reflects how we are likely to treat other humans. Although we consider our treatment of animals from the Kantian perspective, we only consider their welfare from our own perspective — we do not want to cultivate abusive personalities in people who might harm their fellow man. This approach gets us away from the hierarchy it seems, but perhaps not very far. But, let us remember, Kant states that his criteria for our moral obligation is rationality.  More importantly, Kant does not specify a degree of rationality that qualifies a being for admission in our moral sphere. For Kant, rationality is all or nothing. So, from this perspective, an animal that possesses a minimal degree of rationality is included in the moral sphere. So, one might say this criteria requires that a “super chimp” like Arthur Crackpot, who possesses a level of rationality rival to that of a human must also be regarded as a human moral agent.

If Arthur commit’s a moral transgression, he must be held accountable for his actions. So, for instance, if Arthur kills a human, he could be held accountable for his actions not only morally but legally as well. But this is not correct. For Kant, having moral agency does not necessarily follow from having rationality. There are minimally rational people who cannot be moral agents. These individuals are moral patients. Moral patients are included in the moral sphere insofar as their interests are the subject of moral consideration, but are excluded, in a sense, from a moral obligation to other moral agents. On the other hand, moral agents are morally obligated to moral patients.  It is clear that the concept of holding a trial for a chimpanzee is ridiculous (not to mention next to impossible to find a jury of Arthur’s peers). A chimpanzee, no matter how rational it may be, should not be held accountable for his actions in the same way that a human is held accountable for her actions. Like a child, an animal that possesses a minimal degree of rationality may  be incapable of comprehending the moral ramifications of his actions. If an animal is like a child or an other moral patient, we are obligated to consider the welfare of that being. Likewise, if a human possesses a minimal degree of rationality, we are obligated to consider the welfare of that person. And, the fact that we have taken these individuals into our moral consideration signifies that both some animals and marginal case humans possess moral status in our moral universe.

The traditional, biblical, and Cartesian perspectives on moral status and moral considerability fail to enable to include animals who should be granted moral status. Even more detrimental to these perspectives is the fact that adherence to these perspectives forces us to remove humans as well.  Kant’s rationality criteria allows us to include rational animals like “Arthur Crackpot” in the moral sphere without excluding human marginal cases. The concept of moral patients and moral agency allows us to include individuals that may not be fully rational in the sense that they are capable of moral responsibility, but rational to the degree that they count in the moral sphere. Kant’s approach — though it is not perfect — is the best perspective we have to determine moral considerability, moral status and the inclusion of human marginal cases in the moral sphere.

A hickie from Kenickie

I used to be a fan of Dr. Drew Pinsky. I used to listen to him on Loveline. That was back when Adam Corolla was the co-host (or was he the host?). That was years ago. Nowadays, Dr. Drew’ got a TV show. Well, actually he has a few of them. He’s got Dr. Drew’s Lifechangers, which, if I was asked to describe it, I would say that it’s a smash up of an episode of the Jerry Springer Show and a counseling session with a high school guidance counselor. You know, that one. There’s Dr. Drew’s basic cable TV show (I guess that’s for the high-brow, well-informed, politically active demographic… but then it does follow the Nancy Grace show). And then, there’s VH-1’s Celebrity Rehab.

A better name for this “TV show” would have been The Marginally Famous Bottom of the Barrel Variety Hour.

I know, I’m hatin’.

The thing that gets me about this show is the fact that a) it’s on TV, and b) I was under the impression that proper rehabilitation requires, what is that thing called — anonymity. Ok, I realize that famous people need to be famous, even when they are systematically destroying their lives and the lives of their family and friends with their chronic drug use. And the show never said it was an AA meeting. These things are almost forgivable. What’s not forgivable, however, is the fact that no one on the show ever seems to get sober. Former Guns N Roses drummer Steven Adler and famous for being his daughter’s father, also known as Michael Lohan, are series regulars. I looked up Dr. Drew’s celebrity rehab success rate (because I’m curious about stuff like that) and the show’s FAILURE rate is 76%. Worse yet, three celebrity rehabers have died.

Alright, so far, they say that Rodney King (may have) drowned.

That can’t be a good thing.

I know that I posted some time ago about The Bad Girl’s Club and the fact that I could not (I still can’t) find a reason to justify this show existing. But, what Dr. Drew is doing is a worser kind of philosophical crime. You see, he thinks that he means well and that he is performing a public service. If the audience can see how drugs screw up the lives of people who have everything (fame, fortune, etc.), we can see that drugs are bad for everybody.

Jeff Conaway went from looking like this

to this

If this is what Dr. Drew’s intention is, then his intentions are good. But what about the “celebrites” on the show? Their (the “celebrities” on the show) intention (I’m assuming here) is to get sober. If Dr. Drew’s Celebrity Rehab failure rate is above average, then perhaps what his celebrity clients need isn’t to be on TV but to get effective treatment. If we think about Dr. Drew’s show philosophically we have a fairly strong Kantian justification for disapproving of the show — no matter what intention Dr. Drew claims that his show serves.

Television, at its heart, is meant to entertain. And we, the audience enjoy a good show. We enjoy watching the “celebrity” rehabers at their worst. And really, the entertainment happens when they screw up. We eagerly await the relapses. We want these people to fail so we can see them back again next season.

And with Steven Adler that’s almost a 100% guarantee.

But, if we are watching for mere entertainment, aren’t we just using these “celebrities” as mere means to our ends? We want to be entertained; not to help. We aren’t watching to see that drugs are bad; our watching is purely exploitive. We watch to laugh, to ridicule, and for the pleasure of saying “I’m not surprised” when one of them dies.

I realize that the TV is there to entertain, but really, is Dr.Drew’s kind of entertainment really what I (or we) need to see?