An Iceberg in the Sea of Ethics

In civilized life, law floats in a sea of ethics.--Earl Warren

I've been thinking a lot about the killing of self-proclaimed terrorist, Osama bin Laden. My issue is not with the guilt or innocence of Osama bin Laden. He has declared himself responsible for 9/11; even if he's not, just wanting the credit suggests that if not 9/11 then he is responsible for other acts of terrorism. However, even if the police catch a person strangling the body with bare hands that person is still entitled to dues process under our laws which means a trial, a judgment, and a sentence. Even if that sentence is death, we don't simply execute someone without the benefit of due process, even when guilt is certain. Indeed, in our justice system, confession is about brokering a deal generally to take the death penalty off the table. In other words those who declare I did it gain a reprieve from execution and generally receive a sentence of life imprisonment in exchange for saving the state the cost of a full prosecution.

Traditionally, adherence to a system of justice that strives for fairness and an even application of law is taken as a significant mark of civilization. We, as a nation, certainly criticize and strongly object to the paths of nations that imprison without trial, punish without due process, and eliminate undesirable elements by simply executing them.

Our track record in recent years has not been good. We invaded Iraq based on false information which more and more evidence supports that our leadership knew to be false. We have imprisoned people at Guantanamo without benefit of trial which violates the Constitution in which many of us purport to believe. We have consistently refused to acknowledge that these prisoners, who haven't been officially charged with anything, have a right to a speedy trial, having made up a new term to apply to them, "enemy combatants." They are neither prisoners of war nor prisoners of our legal system, expressly so that they may be denied the due process owed under military law or civil law. I think the summary execution of bin Laden is yet another misstep on the part of this country. We insist to others that it is not might that makes right but that laws ensure justice for all. Yet in this instance we behaved much the same as any of the governments whom we have criticized in the past, acting as judge, jury and executioner and bypassing even a semblance of justice. Papa Doc and Idi Amin should not be our role models.

Funny thing is, the outcome would have been the same. No doubt bin Laden would have been found guilty and sentenced to death but in the eyes of the world we would have appeared to adhere to the higher standard for which we have so strongly advocated since the founding of this country. We haven't always reached that standard, but if a man or a woman's reach does not exceed his or her grasp, then what's a heaven for? (my thanks to Robert Browning)

I take issue with assassination as justice, no matter how vile the person. When we make exceptions to our ethics, to our code of law,  we lessen ourselves, betray our own integrity. My concern isn't for bin Laden, but for this country's ability to claim moral authority (which we do quite often) after this assassination. Imagine any other country entering a nation uninvited and killing a person who by its own account was not armed because of some terrorist act that person allegedly committed against its people, how would we regard that action?

Fellow blogger, Elizabeth, shared a passage from an article by Noam Chomsky that fleshes out my rhetorical question.

We might ask ourselves how we would be reacting if Iraqi commandos landed at George W. Bush's compound, assassinated him, and dumped his body in the Atlantic. Uncontroversially, his crimes vastly exceed bin Laden's, and he is not a "suspect" but uncontroversially the "decider" who gave the orders to commit the "supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole" (quoting the Nuremberg Tribunal) for which Nazi criminals were hanged: the hundreds of thousands of deaths, millions of refugees, destruction of much of the country, the bitter sectarian conflict that has now spread to the rest of the region.

Socialism in America, or Much Ado about Nothing

Being called a socialist is the gravest, most wounding insult in America. Everyone and Glenn Beck knows that socialism is pure evil.

Or so Americans are led to believe, just in case they would get into their heads some dangerous ideas about social justice, equality and other such silliness. As it happens -- and not surprisingly so -- socialism, as defined by Tea Partiers and right-wingers, is none of those things they believe it is.

Bill Quigley, Legal Director at the Center for Constitutional Rights and law professor at Loyola University New Orleans, looks at the 9 most pervasive American myths about socialism and debunks them, one by one, below (via ICH).

Myth #1. The US government is involved in class warfare attacking the rich to lift up the poor.

There is a class war going on all right. But it is the rich against the rest of us and the rich are winning. The gap between the rich and everyone else is wider in the US than any of the 30 other countries surveyed. In fact, the top 10% in the US have a higher annual income than any other country. And the poorest 10% in the US are below the average of the other OECD countries. The rich in the U.S. have been rapidly leaving the middle class and poor behind since the 1980s.

Myth #2. The US already has the greatest health care system in the world.

Infant mortality in the US is 4th worst among OECD countries – better only than Mexico, Turkey and the Slovak Republic.

Myth #3. There is less poverty in the US than anywhere.

Child poverty in the US, at over 20% or one out of every five kids, is double the average of the 30 OECD countries.

Myth #4. The US is generous in its treatment of families with children.

The US ranks in the bottom half of countries in terms of financial benefits for families with children. Over half of the 30 OECD countries pay families with children cash benefits regardless of the income of the family. Some among those countries (e.g. Austria, France and Germany) pay additional benefits if the family is low-income, or one of the parents is unemployed.

Myth #5. The US is very supportive of its workers.

The US gives no paid leave for working mothers having children. Every single one of the other 30 OECD countries has some form of paid leave. The US ranks dead last in this. Over two thirds of the countries give some form of paid paternity leave. The US also gives no paid leave for fathers.

In fact, it is only workers in the US who have no guaranteed days of paid leave at all. Korea is the next lowest to the US and it has a minimum of 8 paid annual days of leave. Most of the other 30 countries require a minimum of 20 days of annual paid leave for their workers.

Myth #6. Poor people have more chance of becoming rich in the US than anywhere else.

Social mobility (how children move up or down the economic ladder in comparison with their parents) in earnings, wages and education tends to be easier in Australia, Canada and Nordic countries like Denmark, Norway, and Finland, than in the US. That means more of the rich stay rich and more of the poor stay poor here in the US.

Myth #7. The US spends generously on public education.

In terms of spending for public education, the US is just about average among the 30 countries of the OECD. Educational achievement of US children, however, is 7th worst in the OECD. On public spending for childcare and early education, the US is in the bottom third.

Myth #8. The US government is redistributing income from the rich to the poor.

There is little redistribution of income by government in the U.S. in part because spending on social benefits like unemployment and family benefits is so low. Of the 30 countries in the OECD, only in Korea is the impact of governmental spending lower.

Myth #9. The US generously gives foreign aid to countries across the world.

The US gives the smallest percentage of aid of any of the developed countries in the OECD. In 2007 the US was tied for last with Greece. In 2008, we were tied for last with Japan.

Despite the opinions of right wing folks, the facts say the US is not on the path towards socialism.

But if socialism means the US would go down the path of being more generous with our babies, our children, our working families, our pregnant mothers, and our sisters and brothers across the world, I think we could all appreciate it.

There is a version of this article with footnotes for those interested. Quigley77@gmail.com

For dessert, a reminder from Noam Chomsky about what socialism is and isn't (mostly the latter):


And to round up our already rich meal, a quiz from inquiring minds at Ironic Times who want to know what is so socialist about Obama, exactly:

Which of the following has prompted Republicans to call Barack Obama the “most liberal President in our nation's history?”

A ) Calling for an end to the moratorium on construction of new nuclear plants.

B ) Calling for an end to the moratorium on new offshore drilling.

C ) Reforming healthcare along insurance industry guidelines.

D ) Escalating the war in Afghanistan.

E ) Ignoring abuses of power by his Republican predecessor.

Hint: Please tell us, we'd like to know.

Noam Chomsky: America Is Not a Democracy

This brief lecture, from 2007, seems appropriate to revisit today:



Merry Christmas to all.