Ethics Explainer: Conservatism

Contrary to what many assume, the conservative political tradition is neither reactionary nor opposed to change. True conservatives are simply wary of revolutionary change – especially when inspired by utopian idealism.
Conservatives prefer an evolutionary approach, where experience, common sense, and pragmatism lend a certain stability to society and its institutions.
We could sum up the conservative political outlook in a couple of maxims:
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“If it ain’t broke, don’t fix it”
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“Don’t throw the baby out with the bathwater”
It is important to distinguish between conservatism as an ideological outlook and the conservative brand some political parties operate under. Some practice the type of cautious conservatism described above, whereas others are more radical in their outlook.
Conservatism is often associated with liberalism, unregulated capitalism, and in some cases, libertarianism. This is no accident. It’s the product of a mixed history of ideas and the occasional opportunism of certain individuals and political parties who have misappropriated the term for their own political ends.
Vive la révolution!
The most famous and early exponent of conservatism is the Irish-British philosopher, Edmund Burke. In most respects, the long-standing member of the British House of Commons was a classic liberal, respecting the ideals of liberty and equality.
But Burke found the French Revolution a step too far. A quick history lesson: the French Revolution was a 10-year uprising that began in 1789 against the aristocratic social and political systems. It eventually overthrew the monarchy.
In the revolution’s push for radical change, Burke saw the seeds of what we might now call totalitarianism – a society where the individual counts for nothing and the State for all. Burke captures this in his Second Letter on Regicide Peace where, describing the Revolutionary Government of France, he wrote:
“Individuality is left out of their scheme of government. The State is all in all. Everything is referred to the production of force; afterwards, everything is trusted to the use of it. It is military in its principle, in its maxims, in its spirit, and in all its movements. The State has dominion and conquest for its sole objects—dominion over minds by proselytism, over bodies by arms.”
This aversion to radical idealism and its tendency to lay the foundation for a totalitarian state is a theme frequently returned to by conservative philosophers. For example, Karl Popper observes in The Open Society and Its Enemies (Volume One):
“The Utopian attempt to realize an ideal state, using a blueprint of society as a whole, is one which demands a strong centralized rule of a few, and which is therefore likely to lead to a dictatorship.”
Like the pigs in George Orwell’s Animal Farm, after all the unrest and upheaval of the French Revolution, overthrowing the monarchy led to Napoleon’s rule, which is widely regarded as a totalitarian dictatorship. The conservative critique of efforts toward revolutionary change provide such examples as an argument for cautious and prudent evolution instead.
Conservatives are likely to feel that proponents of radical change often fail to realise that they will also be swept aside if something entirely new is to be made. As the contemporary philosopher in the ‘Burkean’ mould, Roger Scruton puts it:
“All that conservatism ultimately means, in my view, is the disposition to hold on to what you know and love. And if you don’t hold on to what you know and love, you will lose it anyway.”
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Big Thinker: Martha Nussbaum

Martha Nussbaum (1947—present) is one of the world’s most influential living moral philosophers.
She has published on a wide range of topics, from tragedy and vulnerability, to religious tolerance, feminism and the role of the emotions in political life. Nussbaum’s work combines rigorous philosophy with insights from literature, history and law.
Our happiness is largely beyond our control
Nussbaum takes issue with people like the Stoics and Immanuel Kant, who suggest there is no place for emotion within ethics. They believe ethics is about the things we can control. It’s about the things that can’t be lost or taken away from us, like our thoughts and our virtues.
For instance, in his Groundwork to the Metaphysics of Morals, Kant claimed even if bad luck or circumstance meant you were unsuccessful in everything you tried to do, so long as you acted with a “good will”, your actions would still “shine like a jewel”.
By contrast, Nussbaum believes the fact our intentions, desires and hopes can be thwarted by circumstances tells us something really important about flourishing (that’s philosophy speak for living the good life). Specifically, that it’s vulnerable and fragile.
She may have had Kant’s writing in mind when she wrote the ethical life “is based on a trust in the uncertain and on a willingness to be exposed; it’s based on being more like a plant than like a jewel, something rather fragile, but whose very particular beauty is inseparable from its fragility”.
Risk is a scary notion in our society. We don’t like thinking about it and we’re not good at judging it accurately. Part of that is because we don’t like uncertainty. But Nussbaum encourages us to reframe our attitude to vulnerability, seeing it as a unique aspect of what it means to be human.
“To be a good human being is to have a kind of openness to the world, an ability to trust uncertain things beyond your own control.”
Politics doesn’t work without emotion
Most political philosophers and commentators are wary of the place of emotion in politics. When we think about the role of emotions in politics, it’s easy to focus on fear, disgust, envy and the ways they can corrupt our political life. It’s natural to assume politics would be better without the emotion, right?
Not according to Nussbaum. She suggests scrubbing politics clean of emotion would be like throwing the baby out with the bathwater. Yes, we need to be wary of the role of emotions in politics, but we couldn’t survive without them.
For one thing, it’s emotions like love and compassion that translate abstract concepts like truth and justice into real and lasting connections with particular groups and people. Ideas like human dignity capture what we all have in common but strong democracies tend to respect what makes different groups and people unique.
Emotions help us to cultivate a healthy balance between our attachments to ideas and institutions and our connection to particular places, people and histories. For Western democracies struggling to deal with different cultural groups and ideologies, Nussbaum’s view may help strike a balance between society-wide ideals and particular cultural differences.
What’s more, Nussbaum notes, political systems have always cultivated the emotions that serve them best. For example, monarchies cultivate childlike emotions of dependence and dictatorships often trade on a combination of nationalism and fear. These emotions create unity around a common political identity – albeit in ways people find problematic.
There’s promising terrain here, Nussbaum says, because if we can work out the emotions that best serve democratic life, we can then cultivate these emotions and create better citizens.
She thinks we can do this through ritual, public investments in art and a living sense of cultural and national history (she offers the rewriting of America’s founding fathers in Hamilton as a good example of this).
Nussbaum advises we can foster the emotions for citizenship with whatever “helps us to see the uneven and often unlovely destiny of human beings in the world with humour, tenderness, and delight, rather than with absolutist rage for an impossible sort of perfection”.
Educate for citizenship, not profitability
In Not for Profit: Why Democracy Needs the Humanities, Nussbaum targets the education system. She gives an ominous diagnosis:
Thirsty for national profit, nations, and their systems of education, are heedlessly discarding skills that are needed to keep democracies alive. If this trend continues, nations all over the world will soon be producing generations of useful machines, rather than complete citizens who can think for themselves, criticize tradition, and understand the significance of another person’s sufferings and achievements. The future of the world’s democracies hangs in the balance.
Nussbaum believes there is a crucial role for the education system – from early school to tertiary – in building a different kind of citizen. Rather than economically productive and useful, we need people who are imaginative, emotionally intelligent and compassionate.
She is also critical of the ‘No Child Left Behind’ approach to education in the United States, which put increasing pressure on schools to improve outcomes. They wanted to know test scores were improving, believing better education outcomes would help break the cycle of poverty. However, in focussing on outcomes, Nussbaum believes they prioritised memorising over the kind of education she thinks democracies need – philosophy.
You might be sceptical whether people stuck in a cycle of poverty need an education offering philosophical skills. The pressing need to be economically useful and employable can be seen as more urgent and important with good reason. It’s likely there’s a compromise to be struck here, but Nussbaum’s work is still important.
It provides us with an alternative model of education and helps us see the beliefs underpinning our current attitudes to education.
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The 6 ways corporate values fail

The 6 ways corporate values fail
Opinion + AnalysisBusiness + Leadership
BY The Ethics Centre 14 AUG 2017
The Ethics Centre works with companies and organisations of all shapes and sizes. We know how different a bank with 40,000 employees is to a small non-profit or a university, or even to a division of the military. Despite that, the same issues arise in business time and again. A failure to live up to corporate values.
One of the first things we do when we start working with an organisation is helping them to define, refine, or re-build their purpose, values, and principles – what we would call an ethical framework. A strong ethical framework is a North Star for all people and all decisions within an organisation.
We frequently encounter companies that have values in place – but they’re not being “lived.” They’re either entirely unknown, or else they are not being used as a reference point. Rarely are they being used to their full potential.
In the course of our work, we’ve uncovered six main ways that corporate values fail to stick.
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Values without purpose or principles
We often encounter a lack of understanding of the way that values, principles and purpose inter-relate. They are fundamentally different and they work best together. Purpose is your “why” (Why does your organisation exist?). Values describe what is good. Principles describe what is right. When making a decision we must ask:
- Does this decision help us achieve our purpose?
- Are we upholding our values in this decision? Is this what we consider to be good?
- Is this decision aligned with what we consider to be right? Is it the right thing to do?
The point about all of this is that we are required to think before we act. Without an ethical framework of purpose, values, and principles, we are left with nothing but a list of rules and behavioural directives. And when we are simply following rules or habits, the critical thinking needed for ethical decision making is removed.
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Leaders failing to lead on values
Ethical frameworks don’t have to start with the CEO or board. It’s been our experience that the best frameworks arise out of consultation with all levels of the organisation. But it is certainly true that it’s the job of all leaders to talk about the values, create a narrative that demonstrates true commitment, and exemplify them in their own behaviour.
This is partly a communication challenge: leaders have to explain the values and tell the story of how they are lived within the organisation. They need to explain how their decisions reflect the values.
But it’s also important the organisation and its stakeholders can see the values being applied constantly and consistently. When leaders fail to do this, the hypocrisy will be noticed and called out – often with disastrous and costly consequences. Hypocrisy over values can destroy the credibility an organisation.
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Designing for a marketing purpose
No offence to marketers, but they definitely shouldn’t be the sole drivers of your ethical framework. In this scenario, the marketing team have identified the need to communicate a particular set of “brand values” to their customers, so they craft uplifting slogans that give the appearance of an ethical framework. Sadly, these values are a facade. They are window dressing designed to sell a product. Managers and staff either don’t know them, can’t relate to them, or don’t know how to use them in decisions.
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Confusing values with behaviours
The danger of HR being the sole architects of your ethical framework is that they will probably build something based on behaviours. Behaviour-based statements tend to describe the desired “good” behaviours and call out the undesirable “bad” ones. They are displayed in posters on the kitchen wall – and the only time they are really discussed is in performance reviews, where they become a stage-gate for a bonus. The employees may find the behaviours helpful in interacting with colleagues within and across teams, but they won’t be very helpful when applied to the big day to day decisions.
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Values not embedded within your systems and processes
The beauty of an ethical framework is that it can help guide every decision that your managers make. This includes major corporate manoeuvres and daily interactions with customers and other stakeholders. But this will only work if your values and principles are embedded in your policies, systems, and processes.
It’s easy for these frameworks to become misaligned. If you uphold corporate values like trust, integrity, and customer service whilst imposing ambitious KPIs that prioritise profit growth above all else, then you will have a confused workforce with no idea what to do. When systems are in conflict with values, bad decisions can be made by well-meaning people.
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People failing to talk about corporate values
You can tell a purpose-led organisation from any other because their values and principles are on display, every day. They’re not just a page on the website, but the subject of daily conversation. They come up time and again in company presentations, in meetings and in micro-interactions. In times of change or disruption, they’re the only way to navigate successfully.
Your people need not only to know what the values are and what they mean; they also need to understand how to communicate with them and apply them to everyday decisions. And perhaps most importantly, you need to foster a culture in which a failure to live the values is explicitly called out. You know a company truly has a strong ethical framework when even the most powerful executive is held to account for not living the values.
Corporate values are much more than mere slogans or behaviours. They are an important and fundamental element in decision making. Organisations are shaped by the choices their individual employees and directors make. And this in itself shapes the world around us.
A famous Australian corporate leader once said that companies are successful when they “make more good choices than bad choices.” If values represent what is good then we know where to look to shape good choices.
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The rise of Artificial Intelligence and its impact on our future

The rise of Artificial Intelligence and its impact on our future
Opinion + AnalysisScience + Technology
BY Simon Longstaff The Ethics Centre 28 JUL 2017
It’s all fun and games until robots actually take over our jobs. AI is in our future and is fast approaching. Simon Longstaff considers how we make that tomorrow good.
Way back in 1950, the great computer scientist, Alan Turing, published in Mind a paper that set a test for determining whether or not a machine possesses ‘artificial intelligence’.
In essence, the Turing Test is passed if a human communicating with others by text cannot tell the difference between a human response and one produced by the machine. The important thing to note about Turing’s test is that he does not try to prove whether or not machines can ‘think’ as humans do – just whether or not they can successfully imitate the outcomes of human thinking.
Although the makers of a chat-bot called Eugene Goostman claimed it passed the test (by masquerading as a 13 year old boy) general opinion is the bot was designed to ‘game’ the system by using the boy’s apparent young age as a plausible excuse for the mistakes it made in the course of the test. Even so, the development of computers continues apace – with ‘expert systems’ and robots predicted to displace humans in a variety of occupations ranging from the legal profession to taxi drivers and miners.
All of this is causing considerable anxiety – not unlike that felt by people whose lives were upended by the development of steam power and mass production during the first Industrial Revolution. Back then people could more or less understand what was going on. The machines (and how they worked) were fairly obvious.
These days the inner workings of our advanced machines are far more mysterious. Coal or timber burning in a furnace is tactile and observable. But what exactly is an electron? How do you see it? And a Q-bit?
Add to this the extraordinary power of modern machines and it is not surprising that some people (including the likes of Stephen Hawking) are expressing caution about the potential threat our own technologies present, not only to our lifestyles, but to human existence. Of course, not everybody is so pessimistic.
However, the key thing to note here is we have choices to make about how we develop our technology. The future is not inevitable – we make it. And that is where ethics comes in.
This is one small example of how our choices matter. At first glance, let’s imagine how wonderful it would be if we could build batteries that never need recharging. That might seem to solve a raft of problems.
However, as Raja Jurdak and Brano Kusy observe in The Conversation, there may be ‘downsides’ to consider, “creating indefinitely powered devices that can sense, think, and act moves us closer to creating artificial life forms.
Couple that with an ability to reproduce through 3D printing, for example, and to learn their own program code, and you get most of the essential components for creating a self-sustaining species of machines.” Dystopian images of the Terminator come to mind.
However, back to Turing and his test. As noted above, computers that pass his test will not necessarily be thinking. Instead, they will be imitating what it means to be a thinking human being. This may be a crucial difference.
What will we make of a medi-bot that tells us we have cancer and tries to comfort us – but that we know can have no authentic sense of its (or our) mortality? No matter how good it is at imitating sympathy, won’t the machine’s lack of genuine understanding and compassion lead us to discount the worth of its ‘support’?
Then there is the fundamental problem at the heart of the ethical life lived by human beings. Our form of being is endowed with the capacity to make conscious, ethical choices in conditions of fundamental uncertainty. It is our lot to be faced with genuine ethical dilemmas in which there is, in principle, no ‘right’ answer.
This is because values like truth and compassion can be held with equal ‘weight’ and yet pull us in opposite directions. As humans we know what it means to make a responsible decision – even in the face of such radical uncertainty. And we do it all the time.
What will a machine do when there is no right answer? Will it do the equivalent to flipping a coin? Will it be indifferent to the answer it gets and act on the results of chance alone? Will that ever be good enough for us and the world we inhabit?
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After studying law in Sydney and teaching in Tasmania, Simon pursued postgraduate studies in philosophy as a Member of Magdalene College, Cambridge. In 1991, Simon commenced his work as the first Executive Director of The Ethics Centre. In 2013, he was made an officer of the Order of Australia (AO) for “distinguished service to the community through the promotion of ethical standards in governance and business, to improving corporate responsibility, and to philosophy.”

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The Ethics Centre is a not-for-profit organisation developing innovative programs, services and experiences, designed to bring ethics to the centre of professional and personal life.
The ethics of smacking children

The ethics of smacking children
Opinion + AnalysisHealth + WellbeingRelationships
BY Matthew Beard The Ethics Centre 20 JUL 2017
Every generation likes to reflect on the way they were disciplined. They’re like old war stories, told with the fondness that comes with time and age.
I do the same. I was smacked as a child. For a time, I was convinced my backside was made of something other than flesh, such was its power to shatter wooden spoons. Weirdly, it’s something of a point of pride these days.
When it comes to smacking, it’s not just nostalgic to reminisce like this. It shapes our thoughts about whether smacking is ethical or not. “I was smacked and I turned out fine, so it must be OK.”
But that’s bad logic. The argument is a logical fallacy called “survivorship bias”.
Survivorship bias happens when we focus on those who made it through a difficult process without considering those who didn’t. The logic of “I was smacked and turned out OK” is the same as “I was tortured and I turned out OK”, but the fact you survived it doesn’t make it ethical.
When thinking about smacking, we need some better arguments. Here are a few things to consider.
Smacking is a show of force
With the exception of the grumpy nun from The Blues Brothers known as The Penguin, smacking only works on children who are too small to defend themselves.
Acknowledging this power imbalance changes how some people feel about the act of smacking. Philosopher and parent Damon Young writes, “deliberately striking [kids], whether coolly or in a rage, takes advantage of their weakness”.
Young thinks this is a question of character, writing “I don’t want to be the kind of man who hurts a smaller, weaker person”. Do you want to be the kind of parent who relies on physical power to command discipline, respect or obedience from your child?
Political philosopher Niccolo Macchiavelli said it was “much safer to be feared than loved when one must be dispensed with”. He thought fear was the most effective way to prevent people from betraying you because it creates “a dread of punishment which never fails”.
But Machiavelli had despotic political leaders in mind, not parents.
Effectiveness and ethics aren’t the same
Let’s go back to Macchiavelli for a second. He wasn’t interested in how to rule ethically, he wanted to know how to rule effectively. Sometimes it’s tempting to approach parenting the same way.
‘What’s the best way to get my child to sleep?’ ‘How can I stop him from biting me?’ When we’re bleary-eyed and desperately Googling for answers at three in the morning, we’re looking for whatever will get us the result we want. The means are less important to us than the ends.
Desperation doesn’t make for good ethical judgement. Telling your bub bedtime stories about the monsters who eat naughty children until they’re sobbing in fear might be an effective way to get them to toe the line but it’s not going to win you any parenting awards.
Parenting expert Barbara Coloroso suggests a slight modification to the ‘if it works, do it’ mentality. She suggests, “if it works and leaves a child’s and my own dignity intact, do it”. This is a crucial distinction – the dignity of both children and parents serves as a line in the sand against brute efficiency.
This doesn’t necessarily rule smacking out. Pope Francis himself thought smacking could be a dignified way of teaching kids about ethics.
Talking about a dad who sometimes smacks his kids – but never in the face – the Pope said, “How beautiful. He knows the sense of dignity. He has to punish them but does it justly and moves on.”
As a counter example, it’s worth wondering how dignified the Pope would feel being bent over someone’s knee.
What are you really communicating?
Some people defend smacking as a way of communicating with a child when words won’t do the job. They suggest that in the midst of a meltdown, it’s hard to reason with a child, but if a quick ‘love tap’ gets them to listen to you, it might allow for a constructive conversation.
These folks might enjoy reading Hannah Arendt. The 20th century philosopher thought violence was an effective form of communication to help moderate, reasonable voices to be heard. However, Arendt’s support for violence comes with a warning: the use of violence risks its being legitimised as a form of communication in a community (or family). Once violence becomes the talk of the town, everyone can be tempted to start speaking it.
Arendt concluded, “the practice of violence, like all action, changes the world, but the most probable change is a more violent world”.
If the same is true of families, it might be worth thinking twice before talking with the hand.
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Matt is a moral philosopher with a background in applied and military ethics. In 2016, Matt won the Australasian Association of Philosophy prize for media engagement. Formerly a fellow at The Ethics Centre, Matt is currently host on ABC’s Short & Curly podcast and the Vincent Fairfax Fellowship Program Director.

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Office flings and firings

Office flings and firings
Opinion + AnalysisBusiness + LeadershipHealth + WellbeingRelationships
BY Dennis Gentilin The Ethics Centre 20 JUL 2017
If you heard the phrase “cheaters never prosper” talked about at AFL headquarters, you’d assume they were talking about performance enhancing drugs, salary cap breaches or breaking the rules to win a game.
This week, as AFL CEO Gillon McLachlan announced the resignations of two senior officials, Richard Simkiss and Simon Lethlean, after they admitted to adulterous affairs with junior staff, the phrase took on a whole new meaning.
The reaction to McLachlan’s decision has been mixed. Some have applauded the move as a strong defence of the AFL’s culture and values. Others have suggested the AFL has gone too far. Writing in The Australian Financial Review, Josh Bornstein suggested office affairs that don’t involve “harassment or stalking or bullying” should “not be grounds for loss of employment”.
Particulars of the AFL case aside, this view is misguided. It conflates ethics and the law and demonstrates a lack of appreciation for the important role values and principles play in corporate governance. Just because something is legal doesn’t mean it’s ethical.
Yes, the law should play a role in guiding an organisation when developing an ethical framework. But it is far from sufficient. Arguably, the best test of an organisation’s ethics will arise when they’re operating in areas not covered by the law.
When a power imbalance could potentially cause harm to the more vulnerable party, then we have good reason to question that conduct.
With that said, what should we make of the AFL’s decision? When announcing the resignation of the two senior officials, McLachlan spoke to his organisation’s values. He stated that he would like to lead “a professional organisation based on integrity, respect, care for each other, and responsibility”.
An organisation’s values are affirmed by the actions, choices, and decisions that are made and condoned by its people, especially its most senior leaders. This also was not lost on McLachlan. “I expect that executives are role models and set a standard of behaviour for the rest of the organisation,” he said. “They are judged, as they should be, to a higher standard”.
The response by the Seven West Media board to revelations that their CEO Tim Worner had an adulterous affair with executive assistant Amber Harrison was a little more benign. They engaged a private law firm to undertake an independent investigation into a variety of allegations made by Harrison, including the inappropriate use of company funds and illicit drug use by Worner.
Although the findings of the investigation were not made public, the board concluded there was no evidence supporting the claims of wrongdoing by Worner. Furthermore, they stated he had been disciplined over his “personal and consensual” relationship with Harrison, which it also said was “inappropriate due to his senior position”.
So what are we to make of these seemingly contrasting responses? Should we cast judgement and declare that one organisation is more virtuous than the other?
We must be careful not to instantly assume that an individual who has become involved in an extra-marital affair is less committed to the organisation or its values. Infidelity is not a simple question of character deficiency.
It should be acknowledged that although the two organisations handled the incidents differently, neither condoned the conduct of the leaders involved. When judging the individuals and the organisation’s responses, commentators and the public appear to point to two factors.
The first is the power asymmetry between the people in each of the affairs. This is not unique. Power asymmetries in organisations are inescapable and almost all leaders have at some stage used their power to gain advantage, even if they did so unwittingly. However, when a power imbalance could potentially cause harm to the more vulnerable party then we have good reason to question that conduct.
The second factor inviting people’s judgement is the fact the affairs were adulterous. Understandably, infidelity arouses a range of moral responses. But we must be careful not to instantly assume that an individual who has become involved in an extra-marital affair is less committed to the organisation or its values. Infidelity is not a simple question of character deficiency.
Stories are powerful. After notable incidents like these, they become folklore within organisations.
Whenever a senior executive becomes involved in a regrettable or unsavoury incident similar to these, an employer has no choice but to respond. How they do so is a defining moment for the organisation. Their response (or lack thereof) reveals to us what the organisation really values and how committed it is to those values.
However, judging the appropriateness of the response is difficult. Perhaps the best measure is one we don’t yet have access. Namely, the stories that these events inspire within the organisation.
Stories are powerful. After notable incidents like these, they become folklore within organisations. If they affirm and are aligned to stated values and principles, they can strengthen the organisation’s ethical foundations. If not, people can quickly become cynical, compromising the organisation’s character.
When we look past the salacious gossip surrounding office romances, this is arguably the most important thing to take from these unfortunate incidents. For the sake of the boards at the AFL and Seven West Media, I hope that the stories being told within their organisations are reflective of the values they extol.
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Dennis Gentilin is an Adjunct Fellow at Macquarie University and currently works in Deloitte’s Risk Advisory practice.

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Ethics Explainer: The Panopticon

The panopticon is a disciplinary concept brought to life in the form of a central observation tower placed within a circle of prison cells.
From the tower, a guard can see every cell and inmate but the inmates can’t see into the tower. Prisoners will never know whether or not they are being watched.
This was introduced by English philosopher Jeremy Bentham. It was a manifestation of his belief that power should be visible and unverifiable. Through this seemingly constant surveillance, Bentham believed all groups of society could be altered. Morals would be reformed, health preserved, industry invigorated, and so on – they were all subject to observation.
Think of the last time you were at work and your boss walked in the room. Did you straighten up and work harder in their presence? Now imagine they were always in the room. They wouldn’t be watching you all the time, but you’d know they were there. This is the power of constant surveillance – and the power of the panopticon.
Foucault on the panopticon
French philosopher, Michel Foucault, was an outspoken critic of the panopticon. He argued the panopticon’s ultimate goal is to induce in the inmates a state of conscious visibility. This assures the automatic functioning of power. To him, this form of incarceration is a “cruel, ingenious cage”.
Foucault also compares this disciplinary observation to a medieval village under quarantine. In order to stamp out the plague, officials must strictly separate everyone and patrol the streets to ensure villagers don’t leave their homes and become sick. If villagers are caught outside, the punishment is death.
In Foucault’s village, constant surveillance – or the idea of constant surveillance – creates regulation in even the smallest details of everyday life. Foucault calls this a “discipline blockade”. Similar to a dungeon where each inmate is sequestered, administered discipline can be absolute in matters of life or death.
On the other hand, Bentham highlights the panopticon’s power as being a “new mode of obtaining mind over mind”. By discarding this isolation within a blockade, the discipline becomes a self-propagating mental mechanism through visibility.
The panopticon today: data
Today, we are more likely to identify the panopticon effect in new technologies than in prison towers. Philosopher and psychologist Shoshanna Zuboff highlights what she calls “surveillance capitalism”. While Foucault argued the “ingenious” panoptic method of surveillance can be used for disciplinary methods, Zuboff suggests it can also be used for marketing.
Concerns over this sort of monitoring date back to the beginning of the rise of personal computers in the late 80s. Zuboff outlined the PC’s role as an “information panopticon” which can monitor the amount of work being completed by an individual.
Today this seems more applicable. Employers can get programs to covertly track keystrokes of staff working from home to make sure they really are putting in their hours. Parents can get software to monitor their children’s mobile phone use. Governments around the world are passing laws so they can collect internet data on people suspected of planning terror attacks. Even public transport cards can be used to monitor physical movements of citizens.
This sort of monitoring and data collection is particularly analogous with the panopticon because it’s a one-way information avenue. When you’re sitting in front of your computer, browsing the web, scrolling down your newsfeed and watching videos, information is being compiled and sent off to your ISP.
In this scenario, the computer is Bentham’s panopticon tower, and you are the subject from which information is being extracted. On the other end of the line, nothing is being communicated, no information divulged. Your online behaviour and actions can always be seen but you never see the observer.
The European Union has responded to this with a new regulation, known as “the right to an explanation”. It states users are entitled to ask for an explanation about how algorithms make decisions. This way, they can challenge the decision made or make an informed choice to opt out.
In these new ways, Bentham’s panopticon continues to operate and influence our society. Lack of transparency and one-way communication is often disconcerting, especially when thought about through a lens of control.
Then again, you might also argue to ensure a society functions, it’s useful to monitor and influence people to do what is deemed good and right.
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Big Thinker: Michel Foucault

Big Thinker: Michel Foucault
Big thinkerPolitics + Human RightsRelationships
BY The Ethics Centre 13 JUL 2017
Michel Foucault (1926—1984) was a French philosopher, historian and psychologist whose work explored the underlying power relationships in a range of our modern institutions.
Given Foucault’s focus on the ways institutions wield power over us, and that trust in institutions is catastrophically low around the world today, it’s worth having a look at some of the radical Frenchman’s key ideas.
History has no rhyme or reason
At the centre of Foucault’s ideas is the concept of genealogy – the word people usually use when they’re tracing their family history. Foucault thought all of history emerged in the same way a family does – with no sense of reason or purpose.
Just like your existence was the result of a bunch of random people meeting and procreating over generations, he thought our big ideas and social movements were the product of luck and circumstance. He argued what we do is both a product of the popular ways of thinking at the time (which he called rationalities) and the ways in which people talked about those ideas (which he called discourses).
Today Foucault might suggest the dominant rationalities were those of capitalism and technology. And the discourse we use to talk about them might be economics because we think about and debate things in terms their usefulness, efficiency and labour saving. Our judgements about what’s best are filtered through these concepts, which didn’t emerge because of any conscious historical design, but as random accidents.
You might not agree with Foucault. There are people who believe in moral progress and the notion our world is improving as time goes on. However, Foucault’s work still highlights the powerful sense in which certain ideas can become the flavour of the month and dominate the way we interpret the world around us.
For example, if capitalism is a dominant rationality, encouraging us to think of people as economic units of production rather than people in their own right, how might that impact the things we talk about? If Foucault is right, our conversations would probably centre on how to make life more efficient and how to manage the demands of labour with the other aspects of our life. When you consider the amount of time people spend looking for ‘life hacks’ and the ongoing discussion around work/life balance, it seems like he might have been on to something.
But Foucault goes further. It’s not just the things we talk about or the ways we talk about them. It’s the solutions we come up with. They will always reflect the dominant rationality of the time. Unless we’ve done the radical work of dismantling the old systems and changing our thinking, we’ll just get the same results in a different form.
Care is a kind of control
Although many of Foucault’s arguments were new to the philosophical world when he wrote them, they were also reactionary. His work on power was largely a response to the tendency for political philosophers to see power only as the relationship between the sovereign and the citizen – or state and individual. When you read the works of social contract theorists like Thomas Hobbes and Jean Jacques Rousseau, you get the sense politics consists only of people and the government.
Foucault challenged all this. He acknowledged lots of power can be traced back to the sovereign, but not all of it can.
For example, the rise of care experts in different fields like medicine, psychology and criminology creates a different source of power. Here, power doesn’t rest in an ability to control people through violence. It’s in their ability to take a person and examine them. In doing so, the person is objectified and turned into a case (we still read cases in psychiatric and medical journals now). This puts the patients under the power of experts who are masters of the popular medical and social discourses at the time.
What’s more, the expert collects information about the patient’s case. A psychiatrist might know what motivates a person’s behaviour, what their darkest sexual desires are, which medications they are taking and who they spend their personal time with. All of this information is collected in the interests of care but can easily become a tool for control.
A good example of the way non-state groups can be caring in a way that creates great power is in the debate around same sex marriage. Decades ago, LGBTI people were treated as cases because their sexual desires were medicalised and criminalised. This is less common now but experts still debate whether children suffer from being raised by same sex parents. Here, Foucault would likely see power being exercised under the guise of care – political liberties, sexuality and choice in marital spouse are controlled and limited as a way of giving children the best opportunities.
Prison power in inmate self-regulation
Foucault thought prisons were a really good example of the role of care in exercising power and how discourses can shape people’s thinking. They also reveal some other unique things about the nature of power in general and prisons more specifically.
In Discipline and Punish: The Birth of the Prison, Foucault observed a monumental shift in how society dealt with crime. Over a few decades, punishments went from being public, violent spectacles like beheadings, hangings and mutilations to private, clinical and sterile exercises with the prison at the centre of it all. For Foucault, the move represented a shift in discourse. Capital punishment and torture were out, discipline and self-regulation were in.
He saw the new prison, where the inmates are tightly managed and regulated by timetables – meal time, leisure time, work time, lights out time – as being a different form of control. People weren’t in fear of being butchered in the town square anymore. The prison aimed to control behaviour through constant observation. Prisoners who were always watched, regulated their own behaviour.
This model of the prison is best reflected in Jeremy Bentham’s concept of the panopticon. The panopticon was a prison where every cell is visible from a central tower occupied by an unseen guard. The cells are divided by walls so the prisoners can’t engage with each other but they are totally visible from the tower at all times. Bentham thought – and Foucault agreed – that even though the prisoners wouldn’t know if they were being watched at any moment, knowing they could be seen would be enough to control their behaviour. Prisoners were always visible while guards were always unseen.
Foucault believed the panopticon could be recreated as a factory, school, hospital or society. Knowing we’re being watched motivates us to conform our behaviours to what is expected. We don’t want to be caught, judged or punished. The more frequently we are observed, the more likely we are to regulate ourselves. The system intensifies as time goes on.
Exactly what ‘normality’ means will vary depending on the dominant discourse of the time but it will always endeavour to reform prisoners so they are useful to society and to the powerful. That’s why, Foucault argued, prisoners are often forced to do labour. It’s a way of taking something society sees as useless and making it useful.
Even when they’re motivated by care – for example, by the belief that work is good for prisoners and helps them reform – the prison system serves the interests of the powerful in Foucault’s eyes. It will always reflect their needs and play a role in enforcing their vision of how society should be.
You needn’t accept all of Foucault’s views on prisons to see a few useful points in his argument. First, prisons haven’t been around forever. There are other ways of dealing with crime we could use but choose not to. Why do we think prisons are the best? What are the beliefs driving that judgement?
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Ethics Explainer: Ownership

Ethics Explainer: Ownership
ExplainerBusiness + LeadershipClimate + Environment
BY The Ethics Centre 5 JUL 2017
Where lying is the abuse of truth and harm the abuse of dignity, philosophers associate theft with the abuse of ownership.
We tend to take property for granted. People own things, share things or have access to things that don’t belong to them. We rarely stop to think how we come to own things, whether there are some things we shouldn’t be allowed to own or whether our ideas of property and ownership are adequate for everybody.
This is where English philosopher John Locke comes in.
Locke believed that in a state of nature – before a government, human made laws or an established economic system – natural resources were shared by everyone. Similar to a shared cattle-grazing ground called the Commons, these were not privately owned and so accessible to all.
But this didn’t last forever. He believed common property naturally transformed into private property through ownership. Locke had some ideas as to how this should be done, and came up with three conditions:
- First, limit what you take from the Commons so everyone else can enjoy the shared resource.
- Second, take only what you can use.
- Third, that you can only own something if you’ve worked and exerted labour on it. (This is his labour theory of property).
Though his ideas form the bedrock of modern private property ownership, they come with their fair share of critics.
Ancient Greek philosopher Plato thought collective property was a more appropriate way to unite people behind shared goals. He thought it was better for everyone to celebrate or grieve together than have some people happy and others sad at the way events differently affect their privately-owned resources.
Others wonder if it is complex enough for the modern world, where the resource gap between rich companies and poor communities widens. Does this satisfy Locke’s criteria of leaving the Commons “enough and as good”? He might have a criticism of his own about our current property laws – that they’ve gone beyond what our natural rights allow.
Some critics also say his theory denies the cultivation techniques and land ownership of groups like the Native Americans or the Aboriginal Australians. While Locke’s work serves as a useful explanation of Western conceptions of property ownership, we should wonder if it is as natural as he thought it was.
On the other hand, it’s likely Locke simply had no idea of the way in which Indigenous people have managed the landscape over millennia. Had he understood this, then he may have recognised the way Indigenous groups use and relate to land as an example of property ownership.
Karl Marx, and the closely associated philosophies of socialism and communism, prioritise common or collective property over private forms of property. He thought humanity should – and does – move toward co-operative work and shared ownership of resources.
However, Marx’s work on alienation may be a common ground. This is when people’s work becomes meaningless because they can’t afford to buy the things they’re working to make. They can never see or enjoy the fruits of their labour – nor can they own them. Considering the importance Locke places on labour and ownership, he may have had a couple of things to say about that.
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James C. Hathaway on the refugee convention
James C. Hathaway on the refugee convention
WATCHPolitics + Human Rights
BY James C. Hathaway The Ethics Centre 22 JUN 2017
To mark the 2017 anniversary of the UN’s World Refugee Day and Australia’s Refugee Week, we spoke to Professor James Hathaway, the world’s leading expert on refugee law.
Watch this video for his in-depth analysis of the Refugee Convention, an agreement made in 1951 in response to World War II. Is it still relevant? What needs to change? He doesn’t hold back!
James’ work is used by courts all over the world when interpreting the Refugee Convention and applying it to decisions. His many publications include the seminal book co-authored with Australia’s Michelle Foster, The Law of Refugee Status.
Follow James Hathaway on Twitter here: @JC_Hathaway
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BY James C. Hathaway
James Hathaway is an American-Canadian scholar of international refugee law and related aspects of human rights and public international law. His work is regularly cited by the most senior courts of the common law world, and has played a pivotal role in the evolution of refugee studies scholarship.
