[Video Transcript]

This week has seen the unfolding of a classic ethical dilemma.

A clash between the ethics of peaceful citizens wishing to exercise their democratic right to gather in support of the Black Lives Matter movement and the ethics of medical experts, the NSW Government, the Supreme Court and the NSW Police Force – all of whom combined to prevent these same citizens from gathering together in numbers thought to represent a risk to human health and safety.

The strangest thing of all was that people on both sides of this dilemma supported the objectives of the protesters – with the Deputy Chief Medical Officer, Dr Nick Coatsworth, saying that on any other day, and in any other circumstance, he would be in the ranks of the protesters – championing their cause. Even the NSW Police Commissioner, Mick Fuller, sounded genuinely sympathetic.

So, how did people sharing so much in terms of good will find themselves so divided … and what are we to make of the merits of each side of the argument?

To say that these are extraordinary times is the understatement of the year. The second wave of infections, in Victoria, has ramped up the pressure as we witness the infection spread like wildfire. What started off as a lazy spark is now a growing conflagration – burning up the lives of the vulnerable as it spreads from hotel, to tower block, to abattoir, to aged care homes. The medical fraternity is seeing frontline staff having to withdraw to quarantine as the beds begin to fill. Meanwhile, lockdown and mounting concern is further depressing economic activity.

Is there any wonder that the authorities in NSW are desperate to prevent the same sparks from igniting here? Already, we know that the tinder is dry … with minor outbreaks flaring up across the city. Infection rates in Sydney are on the knife-edge. So when the best available medical advice was that it is too dangerous for a mass gathering of those who support the proposition that Black Lives Matter, a Supreme Court Judge ordered that the protests not proceed – not to suppress the free expression of political opinion but instead to protect the vulnerable many from the risk posed by the sincere and committed few.

Against this, the protest organisers argued that they would guarantee a safe event with people masked and physically distant. They charged the authorities with hypocrisy, pointing out that if people are allowed to travel to work or gather for church services or engage in any one of a number of other types of permitted activity, why single out and ban a protest to condemn the deaths in custody of First Nations people? It’s a good question.

Opponents to the gathering could argue that a protest is, by its very nature, an unruly venture. No one can ever know, in advance, who will turn up, in what numbers, in what mood, with what motives? Even the best organised political gathering can get out of control. It is at least arguable that there is a valid distinction to be made between protest marches and other gatherings.

Even so, it’s hard not to think that it might have been better to set clear guidelines for the gathering, and only then intervene if they were not followed. As noted above, the protest organisers were publicly committing to an event in which every person wore a mask and maintained proper distancing in a large, open air environment.

One wonders what might have been possible had the police and organisers been able to work together to uphold such standards. In those circumstances I reckon that the organisers might have been just as willing, as the police, to close down the event if their supporters failed to observe the rules.

However, we shall now never know.

Some might suggest an ulterior motive in curbing a protest about black lives and Indigenous deaths in custody. If you belong to one of the marginalised groups who have lost loved ones to the criminal justice system due to racism and prejudice, it would be easy to believe that the cancellation of a protest march is just the latest example of unjust oppression.

However, in this case, I do not think that would be a fair or accurate judgment. As I noted above, there was a palpable air of good will in support of the protesters’ objectives, if not their chosen means on this occasion.

Instead, fear of what might have happened seems to have won the day. In part, this is because the public is merciless and unforgiving whenever public officials make the slightest mistake. Again, Victoria is a case in point, with the Andrews government being hauled over the coals for its evidently ineffective management of the pandemic. I very much doubt that Daniel Andrews, or his colleagues, would be cut any slack, by the Victorian public, if they invoked arguments about democracy and free speech to defend their decision making.

NSW Premier, Gladys Berejiklian, would have this example in mind, concluding that few politicians are ever punished for going overboard on public health and safety. More’s the pity.

In my opinion, politicians should be held to equal account for going further than is reasonable or proportionate -especially because of the implications on civil liberties, not least for especially vulnerable and disenfranchised groups. Governments that curb the liberty of citizens should only do so for reasons of necessity, and then only in a manner that is reasonable, proportionate and equitable. Yet, rarely do we see such standards being invoked by a fearful public.

There is a fine line between genuinely protecting the public from harm and constraining the democratic rights of citizens; there is a fine line between exercising those rights and avoiding preventable harm to others.

Ideally, one limits those rights to the bare minimum necessary to secure the public good. It is an open question as to whether or not that occurred in this case.

You can contact The Ethics Centre about any of the issues discussed in this article. We offer free counselling for individuals via Ethi-call; professional fee-for-service consulting, leadership and development services; and as a non-profit charity we rely heavily on donations to continue our work, which can be made via our website. Thank you.

I recently watched Hannah Gadsby’s comedic tour-de-force, Douglas. It is sharp and provocative – but wonderfully insightful. In the course of her performance, Hannah explains that she applies to her humour the principle of ‘punching up’.

It is an approach employed by comics when deciding who is a legitimate target for ridicule and satire. The idea is pretty simple, it’s fine to take aim at someone who is more powerful than you – but never those who are relatively weaker. The operating assumption is that the powerful are unlikely to be harmed by a bit of fun at their expense, while the weaker have suffered enough without having to cope with a comic’s insults.

The idea of ‘punching up’ seems to have taken on a life beyond the world of comedy. More generally, those who stand higher up the ladder of power and privilege are now expected to accept, without retaliation or reproach, whatever comes their way from those located on lower rungs of the ladder. Sitting at the top are cis-gendered, white men, like me. If we complain, then this is just evidence of our ‘thin skin’ and an inability to take a serving of what we have been dishing out for millennia.

It is easy to identify who is currently at the top of the ladder. However, beyond that point, working out the relativities of who is ‘up’ or ‘down’ becomes increasingly difficult. After all, there is no natural hierarchy of power, privilege, disadvantage or subjugation.

Instead, positions change as the wheel of history turns – with some groups ascending at one point only to see their position reversed at another. For example, consider the case of the Aztecs. Prior to the arrival of the Spaniards, they commanded an empire built on the conquest, enslavement and ritual sacrifice of those who fell under their sway. Yet, today, their descendants are a dispossessed people with an extraordinarily resilient culture that has survived centuries of attempted suppression by their colonisers.

So, who gets to ‘punch up’ (or be ‘punched’) is relative to time and culture. The role of being a priestess can be at the apex of power and influence in one setting but marginalised in another. A banker can be reviled as a ‘usurer’ in the past only to be celebrated by future generations.

However, that’s not where the relativities end. Conduct that is condoned in one case will be condemned in another – even though the things done are identical. For example, what is praised as being ‘forthright’ in a man has often been criticised as ‘aggression’ in a woman. Asymmetry of judgement also applies in the context of ‘punching up’. Behaviour that is justifiably condemned in a powerful person is often excused or ignored if practiced by a relatively powerless individual.

So, what are we to make of this? First, let’s acknowledge that there are some individuals and groups who have been systematically marginalised, over such a long period of time, as to deserve the opportunity to ‘even things up’ in any contest. Only those blinded by prejudice would deny this to be so.

However, this is not to say that relative historical disadvantage should excuse anything done – just as long as it is directed at the relatively powerful. A person fighting a stronger adversary may pick up a stick to ‘even the odds’ – but it would be wrong for them to attack an unarmed person with a firearm. To do so would involve a disproportionate use of force.

Likewise, I think it wrong to belittle or vilify a person (any person) in a deliberate attempt to wound them with words. That is not comedy – it is abuse. Comics make a person uncomfortable as a way of drawing attention to an issue of underlying importance – but their aim is not (and should not be) to harm. To do otherwise is to adopt the stance of the bully … which is wrong whatever one’s relative position in life.

I realise that it is easy to recommend restraint when one belongs to a powerful or privileged group – as I do. However, I am not a supporter of relativism in ethics (or elsewhere). To wound another – willfully or recklessly – is wrong.

The fact that it occurs as a result of anger or frustration might explain such behaviour – but it does not justify it. I know that this will be a view unpopular with those who have a taste for revenge – who believe in the proverbial ‘eye for an eye, tooth for a tooth’. However, I prefer the position of the Reverend Dr Martin Luther King Jr. who wrote that:

“Violence as a way of achieving racial justice is both impractical and immoral. It is impractical because it is a descending spiral ending in destruction for all. The old law of an eye for an eye leaves everybody blind. It is immoral because it seeks to humiliate the opponent rather than win his understanding; it seeks to annihilate rather than to convert.”

Yes, great wrongs need to be made right – but justice cannot be produced by injustice.

So, does this load the greater obligation onto the shoulders of those who have traditionally been on the wrong end of the stick? On the contrary, those of us who enjoy the greatest power and privilege should accept the greatest obligation to act ethically … not least because we have the capacity to do so.

We should begin by recognising and redressing the disparities of our day; we should acknowledge that we did not earn our privileged position – but were simply lucky enough to be born blessed with opportunity. It is not out of guilt, but with a sense of justice, that we should seek to redress historical and contemporary sources of inequity.

Perhaps then the urge to punch will eventually be assuaged, and something better – that could never have grown in the soil of anger and resentment – can emerge to see the light of day.

This week the Federal Government announced university funding restructures that made a clear statement – to prioritise ‘useful’ degrees.

This decision is significant for a number of reasons. First, it has further shifted the cost of a university education away from government and onto students. It has done so on the assumption that education benefits the individual more than the society to which they contribute.

Second, the government has nominated some courses of study as being more likely to lead to employment than will others. Somewhat paradoxically, the government is reducing the cost of study for those most likely to get jobs, while increasing it for those it thinks will struggle to find employment due to their ill-considered choice of subjects. ‘Cost’ is deliberately unrelated to ‘ability to pay’ – and requires those with apparently poor employment prospects to subsidise the education of their more fortunate peers.

It’s clear that the government hopes market forces will encourage more people to take on ‘useful’ courses of study. However, in a further ironic twist, the new policy relies on the fact that many people will not. Otherwise, the economics won’t work. Fortunately (for the policy) there will be limited places available for the study of ‘useful’ courses in nursing, teaching and agriculture. This means that some of the students who rationally seek a ‘good deal’ will be forced to accept their ‘second choice’ – even to the point of having to suffer through a relatively expensive ‘dead-end’ degree in the Humanities.

However, this piece is not meant to be an examination of the paradoxes of government policy. Rather, I want to look at a deeper issue – the underlying assumption that resources are best invested in ‘useful’ things.

Demonstrating ‘usefulness’

This thinking stalks my waking hours – as it probably does anyone running an organisation that is not immediately and demonstratively ‘useful’. For those of us working in the not for profit world, the word ‘useful’ is never used. In its place is the notion of ‘impact’. Conventional wisdom dictates that one must demonstrate impact – or die!

The thinking that drives a demand to measure, report on and invest in ‘impact’ is the same thinking that leads a government to focus its investment in higher education on supporting courses that lead to the ‘jobs of the future’. With limited taxpayer and philanthropic dollars to spend, why not invest in those things that can prove themselves most effective? It’s easy to argue that this is the rational thing to do… but is it?

What is the ‘impact’ of Bell Shakespeare staging King Lear? What is the ‘impact’ of the National Gallery of Australia hanging Blue Poles? What is the impact of the Festival of Dangerous Ideas? I think it impossible to trace the impact of any of these works. We can measure outputs – the number of attendances, mentions in the media, donations received, and so on. But these numbers don’t identify the ideas or experiences seeded in the theatre, a gallery or at a festival that germinate – perhaps years later – and change the world.

Ideas can change the world

We underestimate the value of things like philosophy when assessed over the long term. Nearly every branch of knowledge that we draw on today including science, mathematics, economics, medicine and psychology were thought into existence by philosophers.

People motivated by nothing more than a love of wisdom (philo-sophia) have changed the world. The original concept of the atom came from Democritus. Pythagoras brought us the role of constants in mathematics. The classification of species began from Aristotle. Thomas Hobbes ideated the modern nation state. Adam Smith brought us the free market and Peter Singer animal rights. With the benefit of hindsight, their impact is obvious. But few of the world’s great philosophers could have demonstrated ‘impact’ while working on their seminal ideas.

I understand the strong desire to measure impact, to invest in making a tangible difference. I understand why governments want to fund ‘practical outcomes’ such as helping people to secure future employment. However, there is something deeply irrational about turning one’s back on forms of education and endeavour that emphatically shape the world – but at a pace and by means we cannot easily measure.

If ‘impact’ is the only measure of something’s worth, then we might as well close down the arts, the humanities, and a whole lot more. However, this would be to deny a fundamental truth that has informed all great societies: some things matter not because of their impact – but in and of themselves.

You can contact The Ethics Centre about any of the issues discussed in this article. We offer free counselling for individuals via Ethi-call; professional fee-for-service consulting, leadership and development services; and as a non-profit charity we rely heavily on donations to continue our work, which can be made via our website. Thank you.