Tim Soutphommasane on free speech, nationalism and civil society

Tim Soutphommasane on free speech, nationalism and civil society
Opinion + AnalysisBusiness + LeadershipPolitics + Human RightsRelationships
BY The Ethics Centre 18 FEB 2021
We believe conversations matter. So when we had the opportunity to chat with Tim Soutphommasane we leapt at the chance to explore his ideas of a civil society. Tim is an academic, political theorist and human rights activist. A former public servant, he was Australia’s Race Discrimination Commissioner at the Australian Human Rights Commission from 2013 – 2018 and has been a guest speaker at the Festival of Dangerous Ideas. Now a professor at Sydney University, he shared with The Ethics Centre his thoughts on the role of the media, free speech, racism and national values.
What role should the media play in supporting a civil society?
The media is one place where our common life as a society comes into being. It helps project to us our common identity and traditions. But ideally media should permit multiple voices, rather than amplify only the voices of the powerful. When it is dominated by certain interests, it can destroy rather than empower civil society.
How should a civil society reckon with the historical injustices it benefits from today?
A mature society should be able to make sense of history, without resorting to distortion. Yet all societies are built on myths and traditions, so it’s not easy to achieve a reckoning with historical injustice. But, ultimately, a mature society should be able to take pride in its achievements and be critical of its failings – all while understanding it may be the beneficiary of past misdeeds, and that it may need to make amends in some way.
Should a civil society protect some level of intolerance or bigotry?
It’s important that society has the freedom to debate ideas, and to challenge received wisdom. But no freedom is ever absolute. We should be able to hold bigotry and intolerance to account when it does harm, including when it harms the ability of fellow citizens to exercise their individual freedoms.
What do you think we can do to prevent society from becoming a ‘tyranny of the majority’?
We need to ensure that we have more diverse voices represented in our institutions – whether it’s politics, government, business or media.
What is the right balance between free speech and censorship in a civil society?
Rights will always need to be balanced. We should be careful, though, to distinguish between censorship and holding others to account for harm. Too often, when people call out harmful speech, it can quickly be labelled censorship. In a society that values freedom, we naturally have an instinctive aversion to censorship.
How can a society support more constructive disagreement?
Through practice. We get better at everything through practice. Today, though, we seem to have less space or time to have constructive or civil disagreements.
What is one value you consider to be an ‘Australian value’?
Equality, or egalitarianism. As with any value, it’s contested. But it continues to resonate with many Australians.
Do you believe there’s a ‘grand narrative’ that Australians share?
I think a national identity and culture helps to provide meaning to civic values. What democracy means in Australia, for instance, will be different to what it means in Germany or the United States. There are nuances that bear the imprint of history. At the same time, a national identity and culture will never be frozen in time and will itself be the subject of contest.
And finally, what’s the one thing you’d encourage everyone to commit to in 2021?
Talk to strangers more.
To read more from Tim on civil society, check out his latest article here.
Tim Soutphommasane is a political theorist and Professor in the School of Social and Political Sciences, The University of Sydney, where he is also Director, Culture Strategy. From 2013 to 2018 he was Race Discrimination Commissioner at the Australian Human Rights Commission. He is the author of five books, including The Virtuous Citizen (2012) and most recently, On Hate (2019).
This project is supported by the Copyright Agency’s Cultural Fund.
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Ethics Explainer: Moral Relativism

Moral relativism is the idea that there are no absolute rules to determine whether something is right or wrong. Unlike moral absolutists, moral relativists argue that good and bad are relative concepts – whether something is considered right or wrong can change depending on opinion, social context, culture or a number of other factors.
Moral relativists argue that there is more than one valid system of morality. A quick glance around the world or through history will reveal that no matter what we happen to believe is morally right and wrong, there is at least one person or culture that believes differently, and holds their belief with as much conviction as we do.
This existence of widespread moral diversity throughout history, between cultures and even within cultures, has led some philosophers to argue that morality is not absolute, but rather that there might be many valid moral systems: that morality is relative.
Understanding Moral Relativism
It’s worth pointing out that the philosophical notion of moral relativism is quite different from how the term is often used in everyday conversation. Many people have been known to say that others are entitled to their views and that we have no right to impose our view of morality on them.
This might look like moral relativism, but in many cases it’s really just an appeal for tolerance in a pragmatic or diplomatic sense, while the speaker quietly remains committed to their particular moral views. Should that person be confronted with what they consider a genuine moral violation, their apparent tolerance is likely to collapse back into absolutism.
Moral relativism is also often used as a term of derision to refer to the idea that morality is relative to whatever someone happens to believe is right and wrong at the time. This implies a kind of radical anything-goes moral nihilism that few, if any, major philosophers have supported. Rather, philosophers who have advocated for moral relativism of some sort or another have offered far more nuanced views. One reason to take moral relativism seriously is the idea that there might be some moral disagreements that cannot be conclusively resolved one way or the other.
If we can imagine that even idealised individuals, with perfect rationality and access to all the relevant facts, might still disagree over at least some contentious moral matters – like whether suicide is permissible, if revenge is ever justified, or whether loyalty to friends and family could ever justify lying – then this would cast doubt on the idea that there is a single morality that applies to all people at all times in favour of some kind of moral relativism.
Exploring Relativity
The key question for a moral relativist is what morality ought to be relative to. Gilbert Harman, for example, argues that morality is relative to an agreement made among a particular group of people to behave in a particular way. So “moral right and wrong (good and bad, justice and injustice, virtue and vice, etc.) are always relative to a choice of moral framework. What is morally right in relation to one moral framework can be morally wrong in relation to a different moral framework.
And no moral framework is objectively privileged as the one true morality.
It’s like different groups playing different codes of football, wherein one code a handball might be allowed but in another, it’s prohibited. So whether handball is wrong is simply relative to which code the group has agreed to play.
Another philosopher, David Wong, argues for “pluralistic relativism,” whereby different societies can abide by very different moral systems. So morality is relative to the particular system they have constructed to solve internal conflicts and respond to the social challenges their society faces.
However, there are objective facts about human nature and wellbeing that constrain what a valid moral system can look like, and these constraints “are not enough to eliminate all but one morality as meeting those needs.” They do eliminate perverse systems, like Nazi morality that would justify genocide, but allow for a wide range of other valid moral views.
Moral relativism is a much misunderstood philosophical view. But there is a range of sophisticated views that attempt to take seriously the great diversity of moral systems and attitudes that exist around the world, and attempts to put them in the context of the social and moral problems that each society faces, rather than suggesting there is a single moral code that ought to apply to everyone at all times.
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Settler rage and our inherited national guilt

Settler rage and our inherited national guilt
Opinion + AnalysisPolitics + Human Rights
BY Sarah Maddison 21 JAN 2021
Professor Marcia Langton offers a distinctive term for settler-Australian racism towards Aboriginal and Torres Strait Islander peoples. She calls it the ‘settler mentality’. In her FODI Digital lecture Langton suggests that the experience of living unjustly on stolen Indigenous lands has produced in settler Australians a ‘peculiar hatred’ expressed through ‘settler rage against the people with whom they will not treat.’
While Langton observes the manifold evidence of ‘classical, formal racism’, she maintains that the underlying problem in Australia is ‘a settler population that cannot come to terms with its Indigenous population.’ Here, Langton touches upon a long running debate among scholars seeking to understand the ongoing conflict in Indigenous-settler relations. For some, race—and racism—are the primary lens for understanding both historical and contemporary injustice.
On this view, colonialism is in service to racism, enabling a white supremacist nation to take root on this continent. There is an abundance of evidence to support that claim, for example in the history of eugenicist practices in Australia including the ‘degrees of blood’ that for decades were used to justify the separation Aboriginal and Torres Strait Islander children from their families.
But for me there has always been more weight to support the counter view expressed by Langton.
Racism is real, certainly, but it operates in service to colonialism.
Colonialism cares less about the skin colour of the peoples it dispossesses and far more about accessing and controlling their land. It is in pursuit of land and the resources in and of that land that colonisers everywhere have committed atrocities against Indigenous peoples.
Australia is no exception. It is colonisation and the subsequent failure to negotiate treaties with First Nations on this continent that give rise to the settler state’s moral and legal illegitimacy. Colonisation is violent—no people anywhere in the world have been dispossessed of their land peacefully, and again, Australia is no exception.
Despite the state’s steadfast refusal to properly acknowledge this history, the evidence of over a century of frontier warfare is no secret. It never has been.
In her address, Langton mentions Australian historian Henry Reynolds’ book, This Whispering in Our Hearts, about those who recognised the injustices being perpetrated and were prepared to contest the violence of colonisation.
Langton points out that these settlers were well aware that they had ‘committed a monstrous crime’ and suggests that the criminality of the settler has produced in them a trauma similar to the kind that the German population had to deal with in the wake of the horrors of World War II. In making this comparison Langton references the German academic and novelist Bernhard Schlink’s famous novel The Reader.
In my own work I have drawn on another of Schlink’s books, the non-fiction volume Guilt About the Past, in which he unpacks the way in which the crimes of previous generations infect more than the generation that lives through the era (in his case Nazi Germany).
Schlink argues that guilt about the past also ‘casts a long shadow over the present, infecting later generations with a sense of guilt, responsibility and self-questioning.’ Schlink suggests subsequent generations create their own guilt when, in the face of evidence of past atrocities, they maintain a bond of solidarity with the perpetrators by failing to renounce their actions.
Australian national identity rests on the fantasy that the continent was virtually empty of people when the British arrived and went on to be peacefully settled.
Despite mounting scientific and historical evidence of the sophistication of Indigenous societies, the myth persists that Aboriginal and Torres Strait Islander peoples were ‘primitive’ and backward, and that colonisation brought them the benefits of Western ‘civilisation’.
Settlers hang onto these wrongheaded ideas as a means of justifying our presence and denying the horrors that accompanied dispossession. There is no easy path for reckoning with our forefathers’ crimes, there cannot really be redemption.
If we are here illegitimately then where do we properly belong? If the land is not ours then where should we live? If our presence here is the result of massacre and genocide how do we even begin to make that right?
And so the bonds of solidarity with the original perpetrators live on, deep within settler DNA. For every revelation of past atrocity there will be a critic ready to deny the harms done.
For every proposal to make amends for the past through more just relations today, there is a politician or a journalist ready to defend Australia’s colonial history as a sad but inevitable chapter on the road to modernity. For every call that we not celebrate our national day on the day the atrocities began for Indigenous peoples there is a chorus of criticism in defense of nationalism and ‘Australian identity.’
These responses are damaging to both settler and Indigenous peoples.
While Indigenous peoples are left still to struggle for justice, settlers are left with paralysis.
The peculiar hatred that Langton describes is like a poison in settler society. This poison makes us brittle, defensive, unkind, and greedy, unwilling to give up any of the wealth we have gained through atrocity and dispossession.
Yet even as it makes us sick, still we drink the poison up. This has been the settler’s choice since this continent was first invaded. We can, however, make a different choice. The antidote to the poison of settler society is justice, and it is not beyond our reach.
This project is supported by the Copyright Agency’s Cultural Fund.
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Sarah Maddison is an Australian author and Professor of Politics in the School of Social and Political Sciences at the University of Melbourne where she also co-directs the Indigenous Settler Relations Collaboration. She is a former Director of GetUp! and the 2018-19 president of the Australian Political Studies Association.
Your kid’s favourite ethics podcast drops a new season to start 2021 right

Your kid’s favourite ethics podcast drops a new season to start 2021 right
Opinion + AnalysisHealth + Wellbeing
BY Matthew Beard 21 JAN 2021
If your kids are anything like mine, the holidays have officially hit the ‘we’ve dragged on too long’ stage.
Your children drift like bored zombies from room to room, looking for another screen or toy to give them a fresh dopamine hit.
They don’t want to admit it, but they’re ready for school to go back. You’re all hanging out for that first day.
Good news! You can stop waiting. You don’t need to let the boredom drag on until school goes back. You can get your child’s – and your own – synapses firing right now and sharpen your ethical sensibilities in the process, thanks to a new season of Short & Curly, the award-winning, chart-topping ethics podcast produced by the ABC, and featuring Ethics Centre fellow Matt Beard (that’s me).
The podcast, now in its 13th season, is a playful, light-hearted and engaging exploration of ethics. It’s driven by the central belief that ethics is a team sport, and each twenty-minute episode features a number of ‘thinking questions’ where listeners are encouraged to pause the show to talk about some big ideas with the people around them. This isn’t just a podcast for your kids – it’s one for you as well!
The latest season comprises of five episodes on a wide range of topics and settings, including:
- A class being held back by an angry teacher hell-bent on finding out who stole her cookies, prompting us to ask: is collective punishment is ever justified?
- An impromptu beach trip is cancelled thanks to a fear of sharks – should we cull sharks to make sure that swimmers can enjoy the ocean free of fear?
- Frozen and The Avengers turn a casual trivia night into a discussion of one of the oldest questions in ethics: do the ends ever justify the means?
- As the Amazon – the lungs of the world – continues to burn, putting all of us an increased threat to climate change, we go on a tour of the Amazon and ask who owns the rainforest, and who should decide how to treat it?
- We take a tour of the wonderful world of robots! Looking at the various ways that robots could replace humans in the future, and ask whether or not they should.
One of the pitfalls of parenting is making ‘doing the right thing’ seem like the opponent of fun. If our kids see ethics as more closely connected to discipline than it is to curiosity, we risk setting them up for a mode of thinking that doesn’t serve them or the world they’ll help build.
Whether or not you’re tuning into the podcast, try to make imagination, creativity and curiosity your default settings when discussing ethics with your kids. Do your best not to close off discussion by giving your ‘authoritative’ view. Discussions don’t work well under hierarchies. And if you need some more pointers, check out our handy guide to talking to kids about ethics here.
Oh, and there may be some extremely bad rapping in one of the episodes. I won’t tell you which one, but be on the lookout!
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BY Matthew Beard
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No justice, no peace in healing Trump's America

No justice, no peace in healing Trump’s America
Opinion + AnalysisBusiness + LeadershipPolitics + Human Rights
BY Simon Longstaff 21 JAN 2021
What fate should be reserved for Donald Trump following his impeachment by the US House of Representatives for his role in inciting insurrection?
Trump’s rusted-on supporters believe him to be without blame and will continue to lionise him as a paragon of virtue. Trump’s equally rusted-on opponents see only fault and wish him to be ground under the heel of history.
However, there is a large body of people who approach the question with an open mind – only to remain genuinely confused about what should come next.
On the one hand, there is an abiding fear that punishing Trump will fan the flames that animate his angry supporters elevating Trump’s status to that of ‘martyr-to-his-cause’. Rather than bind wounds and allow the process of healing to begin, the divisions that rend American society will only be deepened.
On the other hand, people believe that Trump deserves to be punished for violating his Oath of Office. They too want the wounds to be bound – but doubt that there can be healing without justice. Only then will people of goodwill be able to come together and, perhaps, find common ground.
There is merit in both positions. So, how might we decide where the balance of judgement should lie?
To begin, I think it unrealistic to hope for the emergence of a new set of harmonious relationships between the now three warring political tribes, the Republicans, Democrats and Trumpians. The disagreements between these three groups are visceral and persistent.
Rather than hope for harmony, the US polity should insist on peace.
Indeed, it is the value of ‘peace’ that has been most significantly undermined in the weeks since the Presidential election result was called into question by Donald Trump and his supporters. Rather than anticipate a ‘peaceful transition of power’ – which is the hallmark of democracy – the United States has been confronted by the reality of violent insurrection.
As it happens, I think that President Trump’s recent conduct needs to be evaluated against an index of peace – not just in general terms but specifically in light of what occurred on January 6th when a mob of his supporters, acting in the President’s name, broke into and occupied the US Capitol buildings – spilling blood and bringing death inside its hallowed chambers.
There is a particular type of peace that can be traced back to the Anglo-Saxon legal codes that provide the foundation for many of the laws we take for granted today. The King’s Peace originally applied to the monarch’s household – not just the physical location but also the ruler, their family, friends and retainers. It was a serious crime to disturb the ‘King’s Peace’. Over time, the scope of the King’s Peace was extended to cover certain times of the year and a wider set of locations (e.g. all highways were considered to be subject to fall under the King’s jurisdiction). Following the Norman Conquest, there was a steady expansion of the monarch’s remit until it covered all times and places – standing as a general guarantee of the good order and safety of the realm.
The relevance of all of this to Donald Trump lies in the ethical (and not just legal) effect of the King’s Peace. Prior to its extension, whatever ‘justice’ existed was based on the power of local magnates. In many (if not most places) disputes were settled on the principle of ‘might was right’.
The coming of the King’s Peace meant that only the ruler (and their agents) had the right to settle disputes, impose penalties, etc. The older baronial courts were closed down – leaving the monarch as the fountainhead of all secular justice. In a nutshell, individuals and groups could no longer take the law into their own hands – no matter how powerful they might be.
These ideas should immediately be familiar to us – especially if we live in nations (like the US and Australia) that received and have built upon the English Common Law. It is this idea that underpins what it means to speak of the Rule of Law – and everything, from the framing of the United States Constitution to the decisions of the US Supreme Court depend on our common acceptance that we may not secure our ends, no matter how just we think our cause, through the private application of force.
As should by now be obvious, those who want to forgive Donald Trump for the sake of peace are confronted by what I think is an insurmountable paradox. Trump’s actions fomented insurrection of the kind that fundamentally broke the peace – indeed makes it impossible to sustain. The insurrectionists took the law into their own hands and declared that ‘might is right’ … and they did so with the encouragement of Donald Trump and those who stood by him and whipped up the crowd in the days leading up to and on that fateful day when the Capitol was stormed.
There literally can be no peace – and therefore no healing – unless the instigators of this insurrection are held to account.
Finally, this is not to say that Donald Trump must suffer his punishment. There is no need for retribution or a restoration, through suffering, of a notional balance between ‘right’ and ‘wrong’. It may be enough to declare Donald Trump guilty of the ‘high crime and misdemeanour’ for which he was impeached. And if he remains without either shame or remorse, then it may also be necessary to protect the Republic from him ever again holding elected office – not to harm him but, instead, to protect the body politic.
Given all of this, I think that healing is possible … but only if built on a foundation of peace based on justice without retribution.
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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.”
Ethics Explainer: Liberalism

Ethics Explainer: Liberalism
ExplainerBusiness + LeadershipPolitics + Human Rights
BY Dr Tim Dean 18 JAN 2021
Liberalism is founded on the belief that individual freedom should be the basis of a just society.
Who should decide how you live your life: where you reside; what career you choose; whom you can marry; and which gods you worship? Should it be your parents? Or your religious or community leaders? Should it be determined by the circumstances of your birth? Or perhaps by your government? Or should you ultimately be the one to decide these things for yourself?
If you answered the latter, then you’re endorsing the values of liberalism, at least in the broadest sense. Liberalism is, at its heart, the belief that each individual person has moral priority over their community or society when it comes to determining the course of their life.
This primacy of individual freedom and self-determination might seem self-evident to people living in modern liberal democracies, but it is actually a relatively recent innovation.
The Birth of Liberalism
In most societies throughout history and prehistory, one’s beliefs, values and social role were imposed on them by their community. Indeed, in many societies since agricultural times, people were considered to be the property of their parents or their rulers, with next to no-one having genuine freedom or the power of self-determination.
Brave (or foolhardy) was the medieval serf who took it upon themselves to defy their local church to practice their own religion, or defy their family tradition to seek out their dream job, or defy their clan to marry whomever their heart desired.
The seeds of modern liberalism were planted in England in the 13th century with the signing of the Magna Carta, which weakened the unilateral power of the King over his minions. This started a process that eventually enshrined a number of individual rights in English law, such as a right to trial by jury and equality before the law.
Soon even rulers – whether monarch or government – came to receive their legitimacy not from divine authority, tradition or fiat but from the will of the people. If the rulers didn’t operate in the interests of the people, the people had the right to strip that legitimacy from them. This made democracy a natural fit for nations with liberal sensibilities.
The other motivating force for liberalism was the horrifically destructive religious wars that wracked Europe after the Reformation, culminating in the Peace of Westphalia in 1648. Given the millions of lives lost due to religious and ideological differences, many people came to see that tolerance of different beliefs and religious practices might be a better alternative to imposing one’s beliefs on others by force.
Modern Liberalism
Liberalism was fleshed out as a comprehensive political philosophy by thinkers such as Thomas Hobbes, Jean-Jacques Rousseau, John Locke and John Stuart Mill, and more recently by John Rawls. While they differed in their emphases and recommendations, all liberal thinkers were committed to the core idea that individuals were – and ought to be – fundamentally free to live as they choose.
Philosopher John Locke argued that liberalism stemmed from our very nature, arguing that all people are essentially in “a state of perfect freedom to order their actions, and dispose of their possessions and persons as they think fit, within the bounds of the law of Nature, without asking leave or depending upon the will of any other man.”
Most liberal thinkers argued that individual freedom should only be limited in very special circumstances.
One of those limitations was not impinging upon the freedom of others to live according to their own beliefs and values, hence the importance of tolerance and preventing harm against others. As they say, your freedom to swing your arm ends where another person’s nose begins.
One common theme of liberalism is the importance of free speech. John Stuart Mill, for example, argued that each individual ought to be able to seek the truth for themselves rather than being obliged to accept the views imposed on them by authorities or tradition.
And in order to seek truth, they need to be able to explore, express and interrogate all beliefs and arguments. And the only way to do that was to allow wide-ranging free speech. “There ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered,” he wrote.
This freedom of speech should be limited only in very particular circumstances, such as when that speech is likely to cause direct harm to others. So shouting “fire” in a packed theatre when no such fire exists is an abuse of free speech.
This “harm principle” is still a topic of considerable debate amongst liberals and their opponents, especially around what ought to be considered sufficient harm to justify suppressing speech.
Other liberal thinkers emphasised the fact that not every person was equally able to exercise their freedom through no fault of their own. Poverty, sexism, racial discrimination and other systemic barriers mean that freedom and power are unequally distributed.
This led to what is often called “social justice” liberalism, which seeks to remove those social barriers and enable all people to exercise their freedom to the fullest extent. Some focused on economic redistribution, such as the liberal socialists, while others focused on social barriers, like feminists and anti-discrimination campaigners.
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Elf on the Shelf is a fun and festive way to teach your child to submit to the surveillance state

Elf on the Shelf is a fun and festive way to teach your child to submit to the surveillance state
Opinion + AnalysisRelationships
BY Matthew Beard 15 DEC 2020
Imagine if every school in Australia introduced comprehensive surveillance technology coupled with facial recognition, and was able to assign a score to each student based on how good a “school citizen” they were.
Students could access an app that provided them with feedback on things they’d done, or failed to do, throughout the day. The day-to-day data could then be collected and a general character assessment made of the child on, let’s say, a year-by-year basis. At the end of the year, maybe at presentation night, students would be told if they’d been “good” school citizens or not.
I’m going to go out on a limb and suggest most people would find this idea pretty repugnant. Many would see echoes of China’s oppressive social credit system. Words like “Orwellian” would be thrown around with reckless abandon.
Just don’t tell that to the families around the world for whom Christmas involves a character check from Santa Claus. Certainly don’t tell the 11 million-odd who have “adopted’” an Elf on the Shelf and will have dusted it off for the season.
If you haven’t heard of it, the Elf on the Shelf explains how Santa is able to see you when you’re sleeping and know when you’re awake. Manufactured by Creatively Classic Activities and Books, the Elf on the Shelf is a tool used by families to add some more wonder and fun to the Christmas season.
Parents move the elf around, and kids look to see where it will appear next. They’re often also told that because they don’t know where the elf is or what the elf is watching, they’d better make sure they’re behaving themselves. After all, the elf’s job is to report back to Santa.
That’s right. Santa has an army of tiny, surprisingly mobile little snitches embedded in every home, watching, collecting data, feeding it back to the big guy. For some families, the elf also leaves handy notes for the kids, to make sure they stay on St Nick’s good side. “I don’t like it when you don’t share your toys. I don’t want to have to tell Santa about this behaviour,” reads one note a parent shared online.
Social credit be damned. Santa had it figured out this whole time!
We tend to be more sceptical of surveillance when it comes to our kids. For instance, recent trials of facial recognition in Victorian schools have been met with human rights concerns and academic criticism. When Mattel developed Aristotle, a digital assistant to be given to newborn children who would grow and develop alongside them, it was pulled from the market for privacy concerns. Even tools like GPS tracking apps are the subject of general debate and controversy.
There are good reasons for these concerns. Law professor Julie E Cohen argues that “privacy fosters self-determination” and that it is “shorthand for breathing room to engage in the processes of boundary management that enable and constitute self-development”.
So, not only does the collection of children’s data put them at risk if that data falls into the wrong hands, there’s a stifling effect on children’s development when they feel like they’re continually being watched.
But the Elf on the Shelf isn’t quite analogous to China’s mass surveillance. For one thing, Santa only has about 11 million elves out there, which is amateur hour compared to China’s “Skynet” of over 200m cameras. For another, the Elf on the Shelf doesn’t use fear and promises of safety to gain people’s comfort with surveillance and data gathering; it uses fun.
Less like a social credit system, more Facebook. Esteemed company indeed.
Of course, Elf on the Shelf isn’t actually surveillance because – spoiler alert – it’s based on a myth. I’ve no doubt plenty of parents will dismiss what I’m saying here as unnecessary scaremongering over something that’s actually fine, fun and basically a bit of stupid play at Christmas time.
While this wouldn’t be the first time a philosopher has been accused of sucking the fun out of a situation, I’m not sure that argument cuts it.
First, the rise of “sharenting” and the pushback from children against parents who post too much information about them online indicates parents are not always the best custodians of their kids’ privacy. In general, a generation prone to oversharing on social media may not be the best judges of what lessons Elf on the Shelf is teaching.
Second, and more importantly, the effects of surveillance work even if the surveillance isn’t really happening. This was the genius of the infamous Panopticon – a prison designed by British philosopher Jeremy Bentham, where a guard tower could potentially observe any prisoner at any given time, but no prisoner could see the guard tower. It was always possible that you were being observed, which meant you behaved as though you were being observed at all times.
This logic is, of course, very creepy. It’s also very common – as another philosopher, Michel Foucault, later pointed out. You can build workplaces, schools, mental health institutions and yes, nationwide mass surveillance networks on similar principles. The concept is that the possibility of observation and judgement means there’s no need to force people to conform – they do it themselves. Arguably, China’s social credit system is the high-water mark of the logic of the Panopticon.
But the rhetoric – intentional or not – behind Elf on the Shelf has echoes of the Panopticon. It reads from the same playbook. The elf appears at random times and in random locations. It’s always possibly watching.
Whether that’s the goal parents are trying to achieve or not, we ought to be concerned about the effects of introducing and normalising this kind of behaviour monitoring and observation to kids.
As Olly Thorn, the philosopher behind Philosophy Tube tweeted: “He sees you when you’re sleeping He knows, when you’re awake, It’s a subtle, calculated technology of subjection.”
This isn’t necessarily a reason to ditch the tradition, but we can do away with the creepiness – especially as the myth becomes more and more like reality. It’s entirely possible to have an Elf on the Shelf and not play this game. Maybe the elf is just waiting for Santa to come and deliver the presents – and helps him unload the gifts. Perhaps you don’t use the elf as a tool for discipline but as a game and a story that’s played together.
Maybe you don’t need to tell the Santa story at all, but that’s another matter.
This article was first published in The Guardian Australia on 16 December, 2019.
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BY Matthew Beard
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.
Market logic can’t survive a pandemic

Market logic can’t survive a pandemic
Opinion + AnalysisBusiness + Leadership
BY Dr Richard Denniss 8 DEC 2020
For decades, neoliberalism has fuelled enormous scepticism about the role of government.
Whereas the ‘invisible hand’ of market forces is used as a synonym for efficiency and progress, the ‘dead hand’ of bureaucracy congers up waste and delay. But after decades of bad press, the Covid-19 pandemic seems to be restoring Australia’s faith in government.
Almost nobody, in Australia at least, trusts the market to solve a pandemic. Over the past 10 months, Australians have assumed that their elected representatives, and the bureaucracies they oversee, will solve all manner of problems on our behalf. And, by and large, the Australian public’s faith in government has been well placed.
It was the federal government, not the travel industry, that suddenly closed our international borders on March 2020 to slow the spread of the virus into Australia. It was the state premiers who closed our state borders to slow the spread within Australia. And, via the formation of the National Cabinet, our state and national leaders have delivered clearer messages, simpler rules, and more effective policies than almost any other government in the world.
Needless to say, mistakes were made. Passengers should not have disembarked from the Ruby Princess, Melbourne’s hotel quarantine system should have been better, aged care homes should have been provided with better information and more support, and the tracing app developed by the federal health department has been a waste of time and money.
But, despite the mistakes, Australia is largely virus-free with an economy that is starting to grow again. And trust in Australian political leaders has risen to record levels. State premiers, in particular, have surged in popularity as they stepped in to protect their residents.
Nobody thinks that ‘market forces’ could have done a better job of protecting Australians from Covid-19. Indeed, the sharpest criticism from the Coalition of Daniel Andrews is that he relied too heavily on private security guards and didn’t rely heavily enough on the Commonwealth’s offer to provide troops to guard the hotels. Think about that. Daniel Andrews is being criticised for not relying on the public sector enough!
When a vaccine finally arrives, how will we decide who gets it first? Will we ‘leave it to the market’ and let drug companies set whatever price they want or will we develop clear (bureaucratic) rules for which vulnerable groups and key workers will get it first at zero price?
Governments aren’t perfect, and neither are markets. We have always relied heavily on governments to provide health, education and transport infrastructure and we have always relied heavily on markets to provide food, clothing and entertainment. Different countries, at different points in time, make different choices about how and when to rely on the government, with voters ultimately having the final say.
While it is clear that the Covid-19 pandemic will have a lasting impact on Australia’s economy, society and democracy, what is not clear is what shape that impact will be. Will we wind back the deregulation of our privatised aged care system that led to the untimely death of so many vulnerable Australians? Will we invest more heavily in public health? Will we expand and modernise our public transport system to make it less crowded? Or will we just go back to cutting taxes and cutting spending on services?
The economic language of neoliberalism has had a profound impact on our public debates, our public institutions, and perhaps most importantly, our collective expectations of what governments can and can’t do.
But as any Australian who has watched the enormous death toll and economic destruction taking place in the US and much of Europe can see, the Covid-19 pandemic has made it clear that government intervention, political leadership and a strong sense of community are essential for addressing some problems.
It’s not inevitable that Australians will translate their new-found faith in governments into support for more government action on issues like climate change, inequality or the liveability of our cities. But it’s not impossible.
After decades of hearing that governments are the problem, Australians have just seen for themselves how effective governments can sometimes be.
Despite the Covid-19 crisis, Australia is one of the richest countries in the world, and while we can afford to do anything we want, we can’t afford to do everything we want.
Neoliberal rhetoric about the inherent inefficiency of government action has for decades stifled debate about which problems we would like the government to fix and which problems we are happy to leave to the market. But the new reality is that everyone agrees that governments have an important role to play in solving big problems.
Should we have a ‘gas fired recovery’ or a ‘green new deal’. Should we invest heavily in public housing or provide tax breaks for individual property investors? While it shouldn’t have taken a pandemic to provide it, at least we finally have room in our public debate to ask such questions.
This project is supported by the Copyright Agency’s Cultural Fund.
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Dr Ricahrd Denniss is Chief economist and former Executive Director of the Australia Institute. Richard is a prominent Australian economist, author and public policy commentator, and has spent the last twenty years moving between policy-focused roles in academia, federal politics and think-tanks. He was also a Lecturer in Economics at the university of Newcastle and former Associate Professor in the Crawford School of Public Policy at ANU. He is a regular contributor to The Monthly and the author of several books including: Econobabble, Curing Affluenza and Dead Right: How Neoliberalism Ate Itself and What Comes Next?
Treating citizens as customers is a recipe for distrust

Treating citizens as customers is a recipe for distrust
Opinion + AnalysisBusiness + LeadershipRelationships
BY Eva Cox 8 DEC 2020
My 1995 ABC Boyer Lectures, ‘A Truly Civil Society’, outlined the ill effects of the then decade-plus political paradigm shift to neoliberalism.
In the years following WW2, governments implemented policy changes to ensure well-functioning societies that delivered social fairness. This was to avoid a repetition of the pre-war rise of dictatorships, such as happened in Germany and Italy where democracies were overthrown by the fascists. Much of this reconstruction included expanding health, education and welfare for communities to balance the existing inequities of market wealth creation.
From the 1980s, the failing USSR and the globalising of finance via petrodollars allowed big business to shift the paradigm to market forces and reduce the scope of governments. The effects were becoming evident while I was writing the Boyer’s in 1995, as neoliberalism was exacerbating the cuts to social goals and public funding. Growing distrust of democracy was also becoming apparent in many countries, including Australia.
Now, twenty-five years of policy shifts later, including a market-created Global Financial Crisis in 2008, these changes continue to have ill-effects on democratic governance and trust. Policies such as unfair distributions of taxes that favour businesses and the better-off have exacerbated this, as has the privatising of public services and public ownership of utilities and institutions. The promise that the private model of competition and wealth creation would create trickle-down wealth failed to eventuate. Nor did we see any sign of the market lowering prices for these services, as is promised by this model. Citizens, redefined now as just customers of what were once public services, have not found the market more efficient or effective.
Prioritising growth and profits over community needs and connections exacerbates distrust of those in power.
Finding jobs becomes more difficult as growth slows, and low wages remain for many of the often-feminised essential services, such as nursing and child care. The new gig-economy has also increased feelings of insecurity. Ergo, it has not been surprising that over the last decades there have been growing feelings amongst many people in democracies, including Australia, that those in power are not to be trusted.
Now that the neoliberal paradigm shift is obviously failing, we need to devise and define alternatives. The failure has created a fertile ground for the increasingly irrational ‘strong men’ leaders to grab power. These strong men undermine the idea of democracy and surge in on a wave of distrust. We now have in Australia, as elsewhere, increasing beliefs that society is unfair, feelings of real anger and despair, and a deep distrust of the political system. It is this unfairness that is the damaging cause of most of our problems.
The range of inequities in our current system include politics and policies that respond mainly to business demands and neglect community needs. The recent budget is a good example, where subsidies were available to incentivise businesses to hire more people, even if there were too few customers. Yet much-needed jobs in community and public spheres were barely mentioned.
We need changes that create a sense of fairness by providing good social and public services. People need to feel that they live in societies where they and their contributions are valued and their voice matters. We are social beings, connected, and need to feel safe and involved.
Assuming wealth inequality is a causal factor fails to recognise the real causes: self-interested economic goals that ignore and exclude the values of fairness and trust that are necessary to create a truly civil society.
The national cabinet’s response to the pandemic, an effective public health collaboration, reminded people what good governance looks like. Consequently, it has improved the levels of voter trust. There are now signs of reversal as the PM reverts to a private sector, economic-led recovery.
Now it’s up to us. We need policies that set social goals, fix environmental damage, and create fairness and long-term well-being. Here are some radical ideas: stop privatising community services and utilities, fix the messy unfair welfare system (perhaps introduce a universal social dividend), engage communities in planning for their needs, reform the tax system so that it’s fairer in the redistribution of resources, pass the Uluru Statement from the Heart. This way, everybody should get a fair go.
Outrageous ideas? Maybe, but replacing greed and self interest with fairness requires optimism and another paradigm shift!
This project is supported by the Copyright Agency’s Cultural Fund.
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BY Eva Cox
Eva Cox AO is an Adjunct Professor at The Jumbunna Institute of Research, University of Technology Sydney, looking at the problems of Indigenous policies. She has worked as political advisor, market researcher, academic and activist, with a high media profile. She delivered the ABC Boyer Lectures in 1995 on the theme A Truly Civil Society, on the need for trust as our social glue.
Ethics Explainer: The Other

It’s sometimes said that if we were to find ourselves alone, stranded on a desert island, there’d be no need for us to think about ethics. It’s probably not true, strictly speaking, but it’s a useful way of demonstrating that an enormous amount of the work of ethics lies in puzzling out how we should make our way in a world jam-packed full of other people, all of whom are owed the same kind of respect we are.
As we become preoccupied with the busy, everydayness of our lives, we can often take the people around us for granted. In some cases, this mean we fail to be polite to them, or be grateful for the things they do to help us. In more extreme cases, we can objectify or commodify the people around us – treating them as though they were just tools for our own purposes, rather than people with rights and goals of their own. This runs against the moral imperative advocated by German philosopher Immanuel Kant to never treat people as a mere means to our own ends.
A common solution to this moral problem is to try to remind people of our ‘shared humanity’. We are advised to show empathy, imagine how other people might experience our words and actions and put ourselves in other people’s shoes. These strategies all boil down to one basic belief: if we can just realise how similar we are to the people around us, we’ll stop treating them poorly. For example, the Scottish philosopher David Hume believed sympathy was the foundation of ethics.
However, we should ask seriously how accessible other people’s minds are to us. Can a middle-aged white man really put himself in the shoes of a Rohingan woman being persecuted because of her faith, responsible for three children, none of whom have eaten in days? Perhaps not, and so it’s a problem if we argue that our moral concern needs to be grounded in a recognition of what we have in common. Because sometimes, we have nothing in common.
The Other is a term used to capture the ways other people are different from us. It’s also used to describe the people who we keep distant from us because we decide they’re not like us. The process of Othering occurs when we turn fellow humans into abstract entities we can distance ourselves from or treat as less-than-human.
We often think of our social relationships in terms of groups – we have an ‘in group’ and an ‘out group’. These groups are distinguished by who we identify ourselves with and who we identify ourselves against. Othering happens when we treat the members of the out group – the people we don’t identify with – as though they were less important than the members of our in group.
Philosopher Simone de Beauvoir thought “Otherness is a basic category of human thought”. As soon as we think about what something is, we think about the opposite – the Other. However, natural or not, Othering isn’t a neutral process – it tends to lead to the mistreatment of the people we decide are Other.
Once we identify the Other it becomes easier to justify treating them in ways we wouldn’t treat a fellow person. We can abuse, exploit or persecute them without feeling guilty. Othering was a factor in enabling the Holocaust, the slave trade and the Rwandan genocide. In each case, the victims’ humanity became invisible because people focussed on what made them different.
Given this, it would seem like the solution to Othering would be, as David Hume suggests, to focus on what we have in common rather than what sets us apart. But this isn’t a perfect solution either, because the process of distinguishing who we are from who we’re not is part of the way we develop our identity.
By focussing only on what is similar between us and other people, we lose an important tool in discovering our personal identity. Oftentimes it’s our differences that make us unique.
When we look at people as being ‘like us’, it can help us to relate but it can also be a little bit narcissistic. Instead of looking on the Other as someone unique, complicated and different, we treat them like a mirror. We try to find ourselves in other people instead of trying to find what defines them as them.
The philosopher Emmanuel Levinas thought process of engaging with the Other and acknowledging the differences between us and them was the basis of ethics. All our theories, concepts and ideas about what to do and how to live start by acknowledging that we must engage with other people who are different from us. Levinas believed that this otherness – which he called alterity – was something to celebrate. Rather than looking for commonality to ground our moral concern, we should recognise that another person is a universe of mystery to us. Something to fill us with awe, care and concern.
Encountering the Other is difficult. The Other challenges our way of doing things, demands our attention and holds us responsible for our actions. Their presence forces us to rethink our understanding of the way the world works. It’s much easier to overlook that difference by looking for similarities or make those differences seem evil than it is to genuinely engage with them. Yet this is exactly what Levinas wanted us to do.
In fact, Levinas wanted us to look the Other in the face. In doing so, we look upon the face of someone completely different from us. We also start to recognise our ethical responsibility toward them, which is a really simply one: don’t kill them.
Think of all the films and stories where someone is about to commit an act of murder until at the last minute they see the eyes of the person they’re going to kill. Suddenly, they can’t do it. One explanation for these changes of heart is that in looking into the Other’s face, these people realise their ethical responsibilities.
This philosophy of the Other is powerful because it encourages us to rethink our attitude toward difference. It acknowledges there are real and sometimes insurmountable differences between us but tells us that’s OK. Instead of getting caught up searching for what we have in common or stigmatising the things that set us apart, we should be open to learning from every individual we come across – no matter how much or how little of ourselves we see in them.
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