Ethics Explainer: Ethical Infrastructure

When we think about the kinds of things a society needs for its survival and flourishing, we tend to begin with the basic necessities.

A society needs enough food to feed everyone, road and transport infrastructure, housing. It needs laws to manage how people treat one another, systems of government to make decisions. In a modern society, complex communications and other forms of technical infrastructure are required.  

Each of these this is a component of a society’s infrastructure. Each is essential to the common good, survival and wellbeing of a society. However, just as essential for the wellbeing of a society is ethical infrastructure – the formal and informal means by which society regulates the use of power by both public and private institutions to ensure it serves the common good.  

The term ethical infrastructure has been used in a number of countries around the world, including The United States of America. However, it has typically been used to refer to systems of control, compliance and risk management. There is an opportunity to expand the idea of ethical infrastructure so it does not simply refer to the basic rules of public service. 

A society can have a clear set of rules and principles about appropriate spending, disclosure of interests and so on, and still not have systems and institutions that serve the common good. We need only look at the United States for proof of this.  

This is why it is better to consider ethical infrastructure to be  collection of institutions, systems, norms and processes that we use to ensure not only that society is operating effectively, but that it is operating ethically.  

To understand why this is necessary, consider the fact that there is a person or group who is responsible for, and in control of, each piece of social, physical or digital infrastructure we have and need. This control confers power. The power to give or deny essential resources to some groups, to favour some people over others or to mismanage those resources due to incompetence, laziness or selfishness.  

Handing this kind of power over to somebody without some assurance they will use it well would be reckless and foolish. Indeed, some of the most influential voices in Western political philosophy – Thomas HobbesJohn LockeJean-Jacques Rousseau and John Rawls – have argued that it’s only when the powerful are willing to act in the interests of those they are meant to serve that they should have any power at all. Ethical infrastructure refers to the means by which a society can ensure power is exercised in the common interest, and take meaningful action when it is not.  

A clear example of a piece of ethical infrastructure would be laws, policies and systems protecting the actions of whistleblowers, who draw attention to unethical behaviour – often by the powerful. Many organisations lack appropriate systems and processes for employees to flag ethical issues, and even if they have these processes, there are often cultural factors that mean those processes don’t have the results they should. This can drive some whistleblowers to look for other avenues outside their organisation, but often do not feel supported – practically or legally – in doing so.  

Thinking about an issue like this as a challenge of ethical infrastructure helps us see it as a systemic issue. It is not simply a matter of new laws. We also need to normalise new ways of thinking about dissenting, concerned or outspoken staff within our organisations.

We need to ensure individuals have the training and support they need to identify and draw attention to ethical issues and we must have appropriate accountability in cases where it appears important information has been covered up or kept secret. This complex and powerful network of norms, policies, institutions, processes and people is a society’s ethical infrastructure. 

Each aspect of a society’s infrastructure is designed to allow its citizens to flourish: provided with the means to live prosperously, confidently, safely and well. Ethical infrastructure serves this goal in two ways. First, it ensures the other aspects of our infrastructure are serving everyone’s needs, and second, it gives people the confidence to take risks, act creatively and magnanimously, trust in their neighbours, leaders and institutions and feel confident in theirs and their loved ones futures.  

Because without this, no amount of sophisticated infrastructure will secure what we’re all searching for: a life worth living 


Berejiklian Conflict

The next phase in the political life of NSW Premier, Gladys Berejiklian, depends on answers to three questions.

First, was her former relationship with Daryl Maguire not just ‘close’ but, in fact, an “intimate personal relationship”? Second, did the Premier make or participate in any decisions that could reasonably be expected to confer a private benefit on Mr Maguire? Finally, if the answer is ‘yes’ to each of these questions, then did Ms Berejiklian declare her interest in the Ministerial Register of Interests and seek the permission of Cabinet to continue to act? 

Nothing else matters – not the Premier’s choice of friends, not her judgement … only the answer to those three questions. 

The reason for this can be found in the NSW Ministerial Code of Conduct (the Ministerial Code) which has the force of Law. As might be expected, the Ministerial Code imposes obligations that are in addition to and are more onerous than, those applying to Members of Parliament. 

The Preamble to the Ministerial Code of Conduct says, amongst other things, that, “In particular, Ministers have a responsibility to avoid or otherwise manage appropriately conflicts of interest to ensure the maintenance of both the actuality and appearance of Ministerial integrity.” With that end in mind, the Code not only takes account of the personal interests of individual Ministers – but also those of members of their families. It is here that the precise nature of the Premier’s relationship with Mr Maguire risks becoming a matter of public, rather than personal, interest. This is because the Ministerial Code of Conduct defines a “family member”, in relation to a Minister, as including, “any other person with whom the Minister is in an intimate personal relationship”. 

‘Intimate’ is not a word used in the ICAC hearing to describe the Premier’s relationship with Mr Maguire.

Instead, it was agreed that theirs had been a “close personal relationship” – the precise nature of which was never explained. However, the evidence suggested that the words ‘close’ and ‘intimate’ may have been synonymous. If so, then Mr Maguire will have fallen within the definition of ‘family member’ during the period of his relationship with the Premier. 

However, this (in itself) is neither here nor there. The nature of Ms Berejiklian’s relationship with Mr Maguire was (and should have remained) aentirely private matter up until the point where the Premier became involved in any Ministerial decision that “could reasonably be expected to confer a private benefit” on Mr Maguire. Only then did the public interest become engaged. 

So, did any such decisions come before the Premier (acting alone or in Cabinet) during the period of her relationship with Mr Maguire? And if so, did she declare her interest as she is required to do under the Ministerial Code? The matter would then have been in the hands of her Cabinet colleagues as the final provision of the Code states that, “a ruling in respect of the Premier may be given if approved by the Cabinet”. 

The Premier obviously knew something of Mr Maguire’s hopes and plans – even if she thought them to be fanciful. She knew of his financial exposure and the material impact that NSW Government decisions might have on his personal wealth. We also know that, for a time, Mr Maguire was at the centre of the Premier’s private affections. The issue is not that the Premier would have acted against the public interest for the benefit of Mr Maguire. I sincerely doubt that she would ever do so. It is most importantly a question of what was done to ensure the maintenance of both the actuality and appearance of Ministerial integrity. 

The Premier had a formal obligation to declare her relationship with Mr. Maguire if, a) it was intimate, b) she was involved in deciding any matter that could reasonably be expected to confer a private benefit on him. It was then up to her Cabinet colleagues to rule on how she should proceed from there. Beyond settling these questions, the public has no legitimate interest in the private life of Gladys Berejiklian – except, perhaps, to extend to her our sympathy if she has been drawn inadvertently into a web of grief spun by a former friend. 


Recovery should be about removing vulnerability, not improving GDP

Vulnerability demands attention and, in the past, where profits were prioritised business was preoccupied and vulnerable customers harmed.

Because of Covid 19 we can expect to see more vulnerability with multiple drivers. The pandemic has reminded us that we can all be vulnerable if the right (or wrong) circumstances occur. 

A year ago, your vulnerable customer probably didn’t look like my daughter and her friends:  cashed-up twenty-somethings, single, easy going and living alone. Nor did a dual-income household with primary school-aged kids automatically raise any red flags.  

However, we are now realising the various ways that changes in circumstances can quickly render us vulnerable in both financial and non-financial ways. The physical, emotional and financial impacts of the pandemic challenge business to find new ways to recognise and forecast when people are experiencing hardship. Not least because many people who find themselves in hardship may be less likely to seek support.

We live in a society where wealth is a sign of success – particularly for those who have grown accustomed to a certain level of financial wellbeing. In this context, to be labelled vulnerable is a suggestion that you have failed in some way. There’s an element of shame or even a stigma attached to the label. 

Vulnerability is so often positioned through an economic lens, the term synonymous with poverty, diminished capacity or poor decision-making. This means singles struggling with the mental health impacts of isolation and parents collapsing under the pressure of home-schooling may baulk at the idea of being labelled ‘vulnerable’. 

Our new reality also requires fresh approaches to handling people who have experienced a sudden change in fortune. People who managed just fine in the “gig economy” are now in a precarious position in “insecure employment”. Those who took on huge debts to buy homes in our major cities are also under extreme financial pressure as the economy continues to slide. 

I recently participated in a discussion with customer advocates from the financial services sector. One advocate revealed that estimated calculations were that we can expect around 30,000 homes to be lost as a result of the pandemic. A month ago (which seems an age in COVID-time), the Lowy Institute reported the number of unemployed would soon exceed 1.3 million. The jobless rate will climb to 10 per cent by the end of the year and still be above 8 per cent by the end of 2021, according to the Reserve Bank of Australia (RBA). In short, all evidence points toward an explosion in the amount of vulnerable people businesses are dealing with. 

Measured as Gross Domestic Product (GDP) per head, Australia’s average living standards are falling and will take several years to return to the pre-pandemic level,” says the institute’s John Edwards, a former member of the Board of the RBA, and Adjunct Professor with the John Curtin Institute of Public Policy at Curtin University. 

Our economy’s health is measured by our GDP. It’s the magic acronym: – the more it goes up, the better off our society is, or so they say. However, given the anticipated explosion of vulnerable customers and people facing financial hardship, it might be worth revisiting the role GDP plays in our understanding of economic health. 

If our GDP recovers, but we see minimal reduction in the amount of vulnerable people – financially vulnerable or otherwise – is this really a recovery at all?

Measuring a society’s health by GPD can be a useful rule of thumb, says business ethicist Dr Ned Dobos, Senior Lecturer in International and Political Studies at the UNSW Canberra. However, it would be wrong-headed to put too much faith in it, Dobos argues that we need different metrics than relative material wealth to measure how we are going. 

Dobos points to the research conducted by Daniel Kahneman and Angus Deatonshowing that more money will only make people happier up to a certain point – around $US75,000. But while extra money may make them feel more successful, it will not make them feel happier beyond that threshold. 

We’re continuing to measure the welfare of our society in terms of GDP, even though GDP has no proven connection to our sense of wellbeing anymore, he says. 

We have fetishised material wealth, even though it’s not connected to the things that ultimately matter. 

Dobos hopes that a silver lining from the pandemic will be that, as a community, we have more understanding of people who are unemployed and that we realise that poverty is not a character defect. 

Surely people, after a period of time, would have to appreciate that with a million people in this country unemployed, [unemployment] must be something that is not entirely within their control, he says. “We can’t have that many degenerates.” 

Susan Dodds, Professor of Philosophy at La Trobe University, agrees. She says she would like to see a recognition that attaining wealth requires a fair degree of luck, rather than it being something one deserved. 

She would prefer the discussion of economics shift from GDP to “talking about what makes for a decent life.  

There are large numbers of people who are working as casual, low-paid, low-skilled, itinerant workers – moving between nursing homes. There’s a reason for that: they’re not doing it because: gee whiz, I’d love the flexibility, says Dodds. 

Dodds says the pandemic is an opportunity to have another look at what a reasonable expectation of profit is. The idea that we can get, year-on-year, a two per cent reduction in our costs in order to get an inflationary increase in our profits, making me comfortable with the amount of dividend I get, is really exploitative. 

What gets measured gets done. If our recovery is determined exclusively in terms of GDP, it might mean creating more vulnerable people, as organisations are incentivised to pursue relentless growth.  

There has been a global push for more purposeful capitalism; Blackrock CEO Larry Fink wrote a letter to 500 CEOs last year addressing this issue. Closer to homethis year New Zealand is the first western country to design its entire budget based on wellbeing priorities. “We’re embedding that notion of making decisions that aren’t just about growth for growth’s sake, but how are our people faring?” Ardern said.  

The ACT has identified that economic conditions, important as they may be, are not the only factors that contribute to the quality of life of Canberrans. In releasing the Budget in March 2020, the ACT Chief Minister Andrew Barr stated, “We are more than an economy – we are an inclusive, vibrant and caring community where we aim for everyone to share in the benefits of a good life both now and in the future.” The ACT Wellbeing Framework will inform Government priorities, policies, investment decisions and Budget priorities. 

In his recent Ted Evans lecture, economist Professor Ian Harper, an RBA board member, reminded economists to talk to the public, to keep in touch with what the community thinks are important priorities.

Apart from anything else, you learn so much about what really matters for people. Whether it’s the level of minimum wages, a level of interest rates, how banks are supervised, where you can open a pharmacy, when you can open a supermarket or where you can get treated for infectious disease, says Harpers. 

No one should be surprised that an economist should worry about the human dimension of his craft – social science, it may be, but economics started out as moral philosophy.  

Our quest to raise community welfare cannot be divorced from its foundation in a moral calculus. More to the point, if it is divorced from its moral foundations, then economic policymaking is more likely to diminish than enhance economic welfare.  


Space: the final ethical frontier

The German philosopher Immanuel Kant once famously said “Two things fill the mind with ever new and increasing admiration and awe, the oftener and the more steadily we reflect on them: the starry heavens above and the moral law within.”

It probably didn’t occur to Kant that there would come a day when the moral law and the starry heavens would find themselves in a staring contest with one another. In fairness though, it’s been almost 250 years since he wrote that quote. Today, those starry heavens play an increasingly important role in human affairs. And wherever there are people making decisions, ethical issues are sure to follow.

To get to know this final ethical frontier, I had a chat with Dr Nikki Coleman, Senior Chaplain Ethicist with the Australian Air Force. Nikki is a bona fide space ethicist to help us get up to (hyper) speed with all the new issues around ethics in space.

 

Is space an environment?

One of the largest contributions of the field of environmental ethics has been to encourage people to consider the environment as having value independent of its usefulness to humans. Before environmental ethics emerged as a field, many indigenous cultures and religions had already embedded these beliefs in the way they lived and related to land.

“The idea of space is that it’s a ‘global commons’,” says Coleman. “It belongs to all of us on the planet, but also to future generations. We can’t just dump space debris. We have to be careful about how we utilise resources. Like the resources on Earth, these resources are finite. They don’t go on forever,” she says.

This echoes one of the most common arguments about preservation and sustainability. We take care of the planet not just for ourselves, but for future generations. The challenge is helping people to understand that custodianship of space means thinking about the long tail on the decisions we make now. In fact, it might be even more difficult when it comes to space because, well, space is big, and it’s a long way away and we’ll likely never go there ourselves.

“What happens in space is the same as what happens on Earth, but it’s more remote,” Coleman tells me. And yet, despite this, what happens in space affects us profoundly. Just as we rely on trees, ecosystems and other aspects of the natural environment, we are reliant on parts of space as well. “Even though these objects feel further away from us, we still have an interdependency and a relationship with space,” explains Coleman.

 

What role should private companies play?

We’ve seen a lot of noise about space being made by private companies like SpaceX and Virgin – which is an enormous change from the time when travelling to space was something you could only do from a national space agency in a wealthy nation. But these companies have very different motivations for expanding into space.

“Space,” says Coleman “has become a very congested space.” “The cost of space operations has dramatically decreased, and we’re now seeing whole organisations devoted to their own space operations rather than as part of a government.”

This is where some issues can arise, “because what’s appropriate for a commercial operator in returning profits to stakeholders is not necessarily what’s appropriate for the whole of the planet.” Space is a ‘global commons’, it should be used to serve everyone’s interests – including future generations – not just the needs and wants of a single company or nation. It’s unclear to what extent commercial operators are taking the idea of a global commons seriously.

“We have someone like Elon Musk putting a car into space – which is the ultimate litter – or talking about putting 42,000 satellites into low-earth orbit, which obviously creates problems around congestion and space debris,” Coleman explains, referring to Elon Musk’s proposed ‘Starlink’, a network of satellites that could dramatically improve broadband speeds.

 

The interstellar garbage dump

Space debris is a big deal. We probably all remember in primary school learning about how different parts of a rocket break apart as they launch into space. Some of that burns up in the atmosphere, but lots of it remains in orbit. And it’s not just a few parts of rockets and a random Tesla. There is a lot of junk floating around in orbit around earth.

“Why that is problematic is it actually stays there for a really long period of time,” Coleman explains. “Some of it will decay in orbit and burn up in the atmosphere, but a lot of it could stay there for tens of thousands of years.”

But it’s not just that the debris sticks around. It’s that it can wreck a whole lot of important stuff whilst it orbits around the planet.

Coleman tells me that debris can interfere with our current satellites. ”The International Space Station is actually quite vulnerable. It only takes a small puncture to make it a life-threatening situation. And the issue is growing because we’re putting more and more satellites – including small satellites that don’t manoeuvre – into space.”

The worst-case scenario when it comes to space debris was depicted in the recent film Gravity, where the debris destroys satellites, generating even more space debris in a cascading process called Kessler Syndrome.

“The idea of having a whole area of space that is full of space debris will actually have massive impacts for the future,” Coleman warns. We use satellites for so many things: communication, food security, navigation… it’s not just about posting on Twitter and putting photos on Facebook.”

“The precursor for space debris is lots of things in space, so that’s why it’s problematic when someone talks about putting tens of thousands of satellites into orbit.”

 

The militarisation of space isn’t new

Coleman is quick to point out that space and the military have a long history. In fact, Sputnik was a Russian military satellite, which means “we have had a militarisation of space operations right from the get go.”

However, there are some changes in the way that militaries are thinking about space today. “Currently, military operations in space predominantly look at satellites and communication and dedicated military satellites for example, we’re with starting to see an increase in aggressive uses of military uses of space,” says Coleman.

The challenges here are myriad, but one significant one is that so much of what’s up in space is infrastructure that both civilians and the military need. Usually, the law and ethics of war don’t permit the targeting of infrastructure used by civilians when that would be disproportionately harmful to them.

“I would argue that a civilian satellite is not a legitimate target because it could have catastrophic effects for the civilians that rely on that satellite.”

 

“Space debris is climate change 2.0”

Ok, yes, we already talked about space debris but it’s so interesting we have to do it twice. See, space debris isn’t just garbage; it’s property.

“If you throw a bottle into the ocean, anyone can pick that up. That means that all the plastic in the middle of the ocean can actually be collected and recycled and made into something commercially viable,” Coleman explains. “But everything that goes into space is actually the property of the country that launched it.”

This means even if someone wanted to tidy up space, they couldn’t. Anyone can litter the global commons, but that doesn’t mean anyone can tidy it up. The rubbish belongs to someone.

This is where Coleman sees the analogy to climate change beginning. No one person or group can solve the problem. “We need to work together internationally to search to solve the problem of space debris,” she says. “I’m really excited that at the moment there is a large amount of discussion internationally about climate change, but there isn’t a lot being done around [space debris].”

The other, more frightening, climate change analogy is in terms of the threat posed by space debris. “It has the capacity to have a much faster impact on life on the planet,” says Coleman. “It could push us back to the 1950s.”

 

If there’s life on Mars, can we live there?

It seems interesting that at a time when many societies are coming to grips with the harms and problems colonisation has had around the world, there are people seriously contemplating the colonisation of Mars. For Coleman, this reveals one of the central ethical questions – not just for space, but in any walk of life. How far do our moral obligations extend?

“Do we have a duty not just to ourselves but to others as well, and do we have a responsibility to future generations of humans or potentially future generations of whatever is growing on Mars?”

We accept that we have obligations to future humans, but it seems quite different to say that we have obligations to a microbial life form on Mars. However, Coleman poses a further question: do we also have duties to whatever that microbial organism might evolve to be in millions of years?

“If we find life, do we owe it the opportunity to grow and develop into something that might eventually turn into intelligent life?”

I, for one, welcome our new microbial brothers and sisters.


Meet Eleanor, our new philosopher in residence

At TEC, we firmly believe ethics is a team sport. It’s a conversation about how we should act, live, treat others and be treated in return.

That means we need a range of people participating in the conversation. That’s why last year, we asked for funding support to bring another philosopher into our team. Thanks to our donors, we are excited to share that we have recently appointed Eleanor Gordon-Smith as a Fellow. Already established as one of Australia’s leading young thinkers, Eleanor is a published author, broadcaster and in demand speaker. She’s also currently reading for her PHD at Princeton University. To welcome her on board and introduce her to you, our community, we sat down for a brief get-to-know-you chat with her.

Tell us, what attracted you to becoming a philosopher?

I remember sitting in my first philosophy class and feeling like this was what thinking should really be like. I left knowing less than I thought I did when I arrived – all my other classes were about the legislative agenda around human rights and my philosophy class said wait, what’s a right and what counts as human? I loved the ability to ask those questions and from that day on it’s always felt like that’s where the real action is: the deep questions that we too easily take for granted. 

Do you specialise in a key area or areas?

I cross-specialise in ethics, language, and epistemology [the study of knowledge]. In all three areas I am interested in the powers we can only have because we are social creatures. I work on moral powers that we can only exercise in social settings – such as consent, and promise – how linguistic meaning can be constructed and destroyed by social relationships, and how being embedded in societies can facilitate or disrupt our processes of gaining knowledge. The uniting theme across my work is that we depend on each other for many of our most important abilities and powers, such as speaking, learning, or coming up with moral frameworks, and yet a lot of the time other people are very bad. So what are we to do, if we rely on each other for our most foundational abilities but frequently “each other” is the source of our problems? So far I only have the question. But that’s where all good philosophy starts… 

Sounds like a phenomenal place to start. Now let’s have a fan-girl moment. Who is your favourite philosopher?

There are too many to name but Rae Langton, who spent a lot of time in Australia, is a huge inspiration for me, and I like to think about how to precissify Robert Adams’ remark which seems to me to get to the heart of moral philosophy: “we ought, in general, to be treated better than we deserve”.

Let’s jump over to COVID and restrictions, the impact these are having on our lives, our interactions, how we work and so on. What do you hope we learn or gain from this experience?

Truthfully I think the most we can hope for is a greater appreciation for the profound fragility of the things that normally keep us functioning. Our friendships, entertainment, ways of being in the world, all so easily threatened by simply not being able to leave the house very much. I have found that very humbling, and very difficult. I hope also we can learn to be a little more compassionate with ourselves about the fact that we are all creatures who need to live and will one day die. Before Covid, it was very easy to see each other and ourselves as our jobs, or athletic achievements, or how we’re measuring up to a set of criteria about how our lives “should” be going. Seeing everybody’s houses and children and needs via Zoom will I hope let us be compassionate about the fact that we all have them, and there’s no shame in taking care of them.

We’ve all had a guilty pleasure of sorts during the pandemic. Can you share with us yours?

I bought a robot vacuum cleaner and I like to follow him around and tell him he’s missed a spot.

Amazing. Let’s get to know you better. What is a standard day in your life?

I read a lot, work on [podcast] episode plans, put several thousand post-it notes on the wall – each one a piece of tape from an interview, a fact, a piece of theory, a well-phrased, or a scene – and rearrange them until I can see a story unfolding alongside a philosophical idea. I read philosophy, listen to a lot of radio and podcasts because there are so many clever people in that sphere whose work I admire, and try to stop by 9pm. Although if I’m honest, that’s rare these days. 

You wrote a book – what is it about?

Stop Being Reasonable. It’s a series of true stories about how we change our minds in high-stakes moments and how rarely that measures up to our ideal of rationality. Each chapter features interviews I conducted with someone about a moment in their life that they changed their mind in a really drastic way: a man who left a cult, a woman who questioned her own memory of being abused, a man who changed his mind about his entire personality after appearing on reality TV, someone who learned their family wasn’t really their family, and so on. Each story highlights a sometimes-maligned strategy for reasoning that many of us turn out to use all the time, especially when it really matters: believing other people, trusting our gut, thinking emotionally, and so on. The book is a plea for a more capacious ideal of rationality, such that these things ‘count’ as rational thinking as well as the emotionless first-principles reasoning we usually associate with that term. 

Let’s finish up close to home. What does ethics mean to you?

People sometimes think ethical thinking promises a set of answers. It might, but I think it’s much more about learning to ask a different set of questions. So many of our disagreements and deepest divisions are built on argumentative frameworks that we almost never dredge to the surface and examine. We take things for granted about what matters, why, how to measure it, and what follows from the fact that those things matter. Learning to think ethically is about examining those things – about realising which systems of value we subscribe to by accident, and trying to make our value systems more deliberate.


Ethics Explainer: Testimonial Injustice

Telling people things – or giving ‘testimony’ – is one of our quickest, oldest, and most natural ways of adding to human stores of knowledge.

Philosophers have spent thousands of years wondering when, and why, certain beliefs count as knowledge – and when certain beliefs count as justified. Many agree that when we are told something by someone reliable, trustworthy, and in possession of the facts, their testimony can be enough to justify a belief in what they say. 

I can tell you that it will rain later, you can tell me which way the train station is, we can both go to a lecture by an expert and walk away knowing more. 

But we can’t accept all the information we hear from other people. Not all testimony can ground knowledge – some of it is lies, errors or opinion. That’s why credibility is important to the process of learning by being told. 

The enlightenment philosopher David Hume argued that we shouldn’t set our standing levels of credibility too high: he thought “testimonial beliefs” were only justified when we had back-up justification from other sources like our own eyes, readings, and observations. 

Immanuel Kant, by contrast, thought that we had a “presumptive duty” to believe what our fellow humans told us, since believing them was a mark of respect

Regardless of the debate about how much credibility we should give people, there’s no denying that how much credibility we do give plays a big role in what we can learn from each other, and whether we learn anything at all. 

Sometimes we allocate credibility in ways that are unfair, unreasonable or outright harmful. Beginning in the 20th Century, Black and female philosophers started pointing out that women, people of colour, people who spoke with an accent, and people who bore visible markers of poverty were disbelieved at far higher rates than the general population. 

Because of existing prejudices against these people, some ethicists posit, they are being systematically disbelieved when they speak about things they, in fact, are reliable experts about. This is what philosophers term “a credibility deficit”. People could experience a credibility deficit when they speak about elements of their own experience, like what it was like to be a woman in domestic servitude.

It could also include elements of the world around them – such as the denial of black people’s reports of violence by white men. 

Credibility deficits are not just a matter of knowledge but a matter of justice: if we are not believed when we tell other people true things, we can be shut out of important social processes and ways of being recognized by other people. One of the most important ways that credibility deficits play out is in court, or in other reports to do with crimes and legal proceedings.

After abolition in the United States but before the civil rights movement, black peoples’ testimony was not recognised as a source of legal information in courts. That legacy has long undermined the way that black people’s testimony is viewed in courts, even today. 

Philosopher Miranda Fricker uses a scene from To Kill A Mockingbird to highlight the way Tom’s race, when combined with his being in a white courtroom affects his Tom credibility. Though he is in fact telling the truth, and though there are no obvious reasons to disbelieve him, the white jurors in the American South are so trained by prejudice that they regard his race itself as a reason to disbelieve him. It is not the facts of the story itself that mean jurors do not believe it, but facts about who is telling it. 


Clip: Tom Robinson’s cross-examination from To Kill A Mockingbird.

This was a common and tragic way that credibility deficits played out in the real world: there is a long history of white women being believed over black men even when they made false and damaging claims. 

The tradition of “testimonial injustice” in philosophy argues that credibility misallocation is more than a mistake. It is an injustice because we have a moral duty to see other people as ‘full’ people and to treat them with respect, but discounting people’s word because of prejudice is a way of denying them that respect.

In some ways, to refuse to believe someone without defensible reasons is to refuse to recognise them as a person.

Philosophers like Miranda Fricker, Jose Medina, Dick Moran, and a long tradition of black feminist epistemology including Charles Mills and bell hooks have explored the ways that being a free and equal citizen requires being believed as one. There are wide-ranging debates among these thinkers over many areas inside testimonial injustice, including whether and why being believed is foundational to being seen as a person, what kinds of credibility we could ‘owe’ one another, and whether people besides the disbelieved party are wronged by a faulty allocation of credibility.

One important question is whether it could be wrong and if so to whom, to give out too much credibility instead of too little. If it’s unfair to afford someone too little credibility, what should we say of affording too much? Are they wrong? If so, why? And, who is wronged by giving someone more credibility than they deserve?

A case study that might demonstrate this question is the familiar setting of the classroom. A male teacher-in-training with six months experience might be regarded in the classroom as more authoritative than a female teacher with many years’ more experience. This need not mean that the students disbelieve the female teacher. They could simply believe the male teacher more readily, with fewer questions, and with more of a sense that he is credible and has gravitas in the learning environment.

They could simply give him more credibility than he deserves. Who is wronged by this, if the female teacher is still believed when she speaks? Are the students wronging themselves? Are they accidentally wronging the male teacher, even though he benefits from the arrangement? These are important open questions that ethicists are still debating. 

Another question is what kind of credibility we have to give to others in order to do right by them. Hume knew that we could not believe everything we hear. How much must we believe, in order to avoid this distinctive form of injustice? 

Despite these unresolved matters, testimonial injustice is an important ethical phenomenon to be aware of as we move through the world trying to be responsible speakers and hearers. It’s important to living ethically that we keep prejudice and it affects out of our beliefs as well as out of our acts. 


Character and conflict: should Tony Abbott be advising the UK on trade? We asked some ethicists

Former Aussie PM Tony Abbott’s recent appointment to an unpaid role as a trade adviser to the Johnson government in the UK has sparked controversy in both countries.  

UK government MPs have continually been asked what it means to have a man who is, by the judgement of many in both countries, “a misogynist and a homophobe”, as well as a climate change denier and – more recently – sceptical about coronavirus lockdown measures.  

In Australia, politicians, journalists and citizens have all questioned the appropriateness of a former Prime Minister accepting a position that leaves him serving a foreign government. Whilst Abbott has obligations under the Foreign Influence Transparency Scheme that are designed to prevent conflicts of interest, there are many who believe Abbott is equipped with too much internal knowledge of Australia’s trade interests, internal party politics and regional issues in the Pacific – accrued as Prime Minister – for him to serve another government.  

Given the range of questions that arise around both conflict and character, we made a list of some of the big ethical questions the Abbott situation brings up, and spoke to a few ethicists to help answer them. 

 

1. Abbott is a private citizen now. Shouldn’t he be able to take any job he wants? 

Being Prime Minister isn’t like any other job,” says Hugh Breakey, a Senior Research Fellow at Griffith University’s Institute for Ethics, Governance and Law. Abbott would have been privy to high level information and forward planning that he is obligated to hold secret.” If a potential employer of Abbott – whether in a paid role or not – would benefit from this situation, Breakey argues that it would give Abbott a conflict of interests.  

But it’s not just a question of conflicts of interest. In situations like this, it is reasonable to consider whether this role was given as a “kind of payback for favourable treatment during his time in power,” Breakey says.  

However, whilst Abbott’s appointment may generate potential conflicts of interest and are “legitimate lines of ethical inquiry”, Breakey believes they are not problems for Abbott’s appointment.  

However, Simon Longstaff, executive director of The Ethics Centre, disagrees. “There just can be no guarantee that Britain’s interests will always coincide with Australia’s. Given this, the fact that one of our former Prime Ministers would ever serve a foreign power almost beggar’s belief,” he said. 

 

2. If Abbott’s trade qualifications make him a good candidate, should we overlook his other beliefs and opinions? 

I believe that a representative of any country, in any honoured capacity like this one, should be a morally upstanding person. Tony Abbott is not that, given his history of misogyny, homophobia, and racism,” says Kate Manne, philosophy professor at Cornell University.  

However, Hugh Breakey worries that an approach like this risks jeopardising our commitment to non-discrimination and supporting a diverse set of beliefs and ways of life. Sometimes, he says, ethics might require us to overlook the questionable beliefs of a potential political appointment.  

At least some of the views taken by Abbott on these matters have religious influences, and many similar (and, indeed, far more conservative) views are held by religious devotees across many of the world’s major faiths. Prohibiting from public offices and services all those who hold such views… would allow widespread religious discrimination. 

However, another complication arises when it comes to whose views and personality traits we tend to overlook. Cognitive biases, social norms and systemic beliefs like sexism and racism can mean we’re more likely to overlook controversial beliefs or difficult personalities when they belong to men, people who are straight or white.  

Kate Manne suspects that “both women and non-binary people are far less likely to be viewed as truly qualified or competent, unless they’re also perceived as extraordinarily caring, kind, and what psychologists call communal.” She adds that the tendency to separate the professional and personal/political aspects of someone’s identity is “far less available to women and gender minorities.”
 

3. Should we label Abbott a misogynist or homophobe based only on his public comments and policies? 

“The truth is, few people would know Tony Abbott well enough to say with any confidence what he truly feels or believes, and those who do know him paint a very different picture to the one sketched by his critics,” says Simon Longstaff. “A person can be opposed to same-sex marriage and yet not be a homophobe,” he adds. 

However, for Kate Manne, the central question of misogyny or homophobia isn’t whether the person feels a certain way toward women or queer people, it’s what effect they have on those communities.  

Misogyny to me is not a personal failure or an individual belief system: it’s a system that polices and enforces a patriarchal order,” she says. “I define a misogynist in turn as someone who’s an ‘overachiever,’ or particularly active, in this system. 

Manne says, “misogyny on this view is less about what men like Abbott may or may not feel toward women, and more about what women face as a result of their toxic, obnoxious, and contemptuous behaviour.”  

For Manne, this means Abbott can be reasonably called misogynist and homophobic on this basis. His status as a former PM and his very public comments have done considerable work to uphold a system that oppresses women and LGBTIQ+ people. She cites examples such as calling abortion the ‘easy way out’, standing next to a ‘ditch the witch’ sign or talking about feeling threatened by gay people as evidence of Abbott’s contributions.  


4. How should
we balance the need to reject some beliefs because they’re not morally acceptable or legitimate with our commitment to pluralism? 

Democracies gain critically in legitimacy by being able to conduct inclusive deliberations where diverse views can be raised and considered,” says Hugh Breakey 

Naturally, no-one can or should expect immunity from social consequences for what they say in public discussionBreakey adds. “The more that institutional sanctions are applied on the basis of positions taken in [controversial] debates the narrower the spectrum of positions that are likely to be defended, and the more that different views will fail to be represented.” 

Kate Manne suggests a simple principle to test which voices we should accept as part of our political life: “It’s good to have a variety of voices, but those voices need not to silence or speak over the voices of other people,” she says 

Abbott’s voice does not meet that simple test.  

Unlike Manne, Breakey doesn’t suggest Abbotts views sit outside the realm of acceptable political opinions, he agrees with Manne’s principle. “If we want democracy to be more than the tyranny of the majority, or (worse still) rule by elites, then we need more civic tolerance afforded to those who think and speak in disagreeable ways. 


The truths COVID revealed about consumerism

What underlying driver created the great toilet paper gate panic of 2020?    

At the onset of the pandemic, The Ethics Centre Fellow, Dr Matt Beard, University of Queensland philosopher and health researcher Bryan Mukandi, University of Queensland, and Australian philosopher and Princeton PhD candidate Eleanor Gordon-Smith joined in conversation. Together they discussed, dissected and explored a range of ethical issues rising during the early stages of the pandemic. In this extract, they discuss what COVID panic buying reflects about who we are, and what we value..  


Matt Beard
TEC Fellow:

The kind of panic buying responsive that we saw from ordinary people at the beginning of this, what did that tell us about ourselves? For me that was a moment to really reckon and say what does it tell us that in the first sniff of a crisis, the first thing that we did was take care of us and ours.  What does that say to us about the way in which we’ve set up this society?  


Eleanor Gordon Smith
, Philosopher: 

The United States, the land that brought us Black Friday sales, did not hold back when it came to panic buying. What did it reveal about us? Less I think then it revealed about our circumstance.   

Here’s what I think it revealed about us. We were afraid, and we didn’t feel secure, and we didn’t trust either us or the government around us to provide for us in the moment of crises where we would most need both those things.  

More than anything particularly deep about our innate nature, which I know people argue about a lot, does this reveal that we’re fundamentally selfish? Well yes, but then people also drove themselves to food banks, and it revealed other things about kindness and solidarity, and all the nice things as well.  

I think more than that it revealed something that we kind of already know, which is that the right configuration of circumstances can push ordinary people to behave in profoundly selfish and possibly evil ways.  

We know that a lot of exercises of bad behaviour are perfectly ordinary, and what happens when people are frightened and insecure. More than what I think it told us about us, I think it told us something really disquieting about the faith that we had in our systems, which was that unless we did this unless we went out and kind of did this end of days, treading on each other’s necks for a can of beans we wouldn’t have enough. 

I’ve been saying this for weeks, I don’t even like beans, I don’t know why I bought so many beans, everyone just transformed into people who really liked beans all of a sudden. But it told us that we were willing to do that.   

In fact, we thought it is necessary that we do that because we were so unsure of the fact that other people, and or the government, and or the system would be able to provide for us if we didn’t do this kind of absurd others sacrificing thing. I think we were entirely wrong. 


Byran Mukandi, Philosopher: 

Here I disagree with Eleanor. Irene Watson, a legal scholar, in her book, “Raw Law”, she uses a Nunga word, Muldarbi for colonialism. There’s an image she paints of colonialism as this voracious monster, this voracious animal that just devours and consumes. And I just find that so incredibly apt.  

I think it’s telling that for some groups in Australia, the relationship between mainstream society, and some communities is one that’s best classed as this voracious, consuming animal. This devouring thing.  

As a sub-Saharan African, the quality of life I enjoy today as an Australian citizen, is inextricably linked to the poverty and deprivation, and the suffering that a lot continent sub-Saharan Africans, and a whole bunch of people around the world experience. Those two things are intimately intertwined. 

There’s a lot of posturing in terms of our response to climate crisis around why China needs to do something first, but the fact is the Chinese industrial work, manufacturing work, goes into providing that which we, in the Western world, consume. There’s a sense in which we are ferocious, we devour.  

The rush to buy toilet paper as though when the zombie apocalypse comes, the most needful thing is toilet paper… I mean, this isn’t a gastroenteric virus, it’s not like everybody’s going to be on the toilet, but little things, baking powder, toilet paper, tins of tomatoes and tomato paste, people were hoarding and panic buying non-essential goods.  

I don’t think it was because the idea was this non-essential good is going to run out and I’m not going to make brownies or cupcakes, or whatever, and my life is going to come to an end.  

I think we have a voracious appetite, I think we have a voracious consuming, devouring appetite. I think we have a particular relationship to the environment and to others, and I think this pandemic has just shone a light on who we are, as opposed to who we like to pretend we are and the image of ourselves we like to project. 

 

This is an extract from a live-streamed event. Watch the full conversation from FODI Digital event, Ethics of the Pandemic, below. Don’t miss our next live-stream events at www.festivalofdangerousideas.com. 


Mutuality of care in a pandemic

In the pandemic landscape, individual rights were challenged against a mutuality of care for our neighbours.   

At the onset of the pandemic, The Ethics Centre Fellow, Dr Matt Beard, University of Queensland philosopher and health researcher Bryan Mukandi, University of Queensland, and Australian philosopher and Princeton PhD candidate Eleanor Gordon-Smith joined in conversation. 

Together they discussed, dissected and explored a range of ethical issues rising during the early stages of the pandemic. This extract from the discussion considers Carol Gilligan’s theory around the ethics of care, and in particular her ideas around the mutuality of care and the idea that individual actions impact the whole.  


Matt Beard
TEC Fellow:

One of the things that I keep coming back to, is this quote from the feminist philosopher, Carol Gilligan, who championed an approach, “the ethics of care. She talks about this idea that we live on a trampoline, and whenever we move it kind of affects everybody else in the same way, it makes other people wobble, your activities cause discomfort to others.

And one of the things that this pandemic has crystallized for me is this sense that, this whole idea of this atomized individual with rights that cluster them off and divide us from other people, is kind of illusory. We are radically dependent on other people, we have this interdependence and these mutual obligations that inform our moral response. 

And that got me thinking about how difficult it can be to muster that sense of mutual obligation. In a society that does just talk so heavily about ourselves as individuals, we’ve been conditioned to think about ourselves in almost exactly the opposite way to the way that this response requires us.  

Have I set this up in the right way? Is it true we’ve been conditioned in this way? How do you think about this?  


Bryan Mukandi
, Philosopher: 

It’s really complexbecause on the one hand I think you’re absolutely right. I love that metaphor of the trampoline, and I completely agree, this idea of this autonomous free liberal individual, it just doesn’t stand up to scrutiny. But at the same time, on the other hand, the fractiousness and fracturedness we’re witnessing in the US applies here too, in some really interesting ways, right.  

 So, yes, we’re all on this trampoline, but the real estate that you occupy on that trampoline makes the world of difference. And we have a kind of social structure, social organisation where there’s an investment in occupying good real estate [so]  that when something happens – a natural disaster, a fire, floods, a pandemic –  there’s an investment in being in a position of being able to enact something like that illusory autonomy.  

I think about Martin Luther King’s idea of an inextricable network of mutuality. But he raises this in a sort of moment where African Americans are in a particular kind of relationship with white America. He acknowledges that there’s this mutuality, there’s this connection, but the nature of this connection is one that’s really detrimental to some groups of people as opposed to others.  

And I also think about Frantz Fanon contribution to Hegel’s dialectic of recognition. This idea that our selfhood emerges in relationship with others, it’s like it falls apart in the colony because in the colony the white doesn’t want the colonized recognition, they want their labour.   

So I think, while on the one hand, COVID has shown us that this ideal of autonomy – it doesn’t stand up to scrutiny. It’s in really interesting ways though, I think it may, at least for some groups of people, legitimate this project of striving towards that kind of autonomy of occupying the best possible real estate on that trampoline, as opposed to reconfiguring the trampoline itself.
 

Eleanor Gordon Smith, Philosopher: 

It’s a really good question.   

And like Bryan, I think it’s a very complex one and one that we’re not going to compress either now or in a pandemic writ large. One thing I think that is kind of a shame for me living in the states and seeing the way the states is covered internationally is the way that a lot of the pressure to reopen is construed in these kinds of individual autonomous terms.

I have a lot of family and a lot of friends who I think are really genuinely very concerned about my proximity to New York at the moment. They feel like crisis, real proper, everyone’s dead crisis, like blood –inthestreetstype crisis, is right around the corner. 

 And my suspicion about why they feel like that is that they’ve seen these videos of women hanging out of cars at intersections blowing the horn at medical workers or protesters walking into government buildings, people with the American flag painted on their face, holding banners about the right to return to work.   

These people are both, they’re a very individualistic face of this movement and the movement that they claim to be espousing is very individualistic. They’re making claims about people’s individual rights to get back to work and they are doing so claiming to speak as individuals.  

But one of the things that I think it’s a shame that [coverage] obscures is that the pressure to reopen America comes from the fact that it’s a non-accidental feature of the US American system and the US economic system that it wants people to be back at work more than it wants them to be safe and well  

We encounter that from the mouths of individuals who present themselves as autonomous in saying things like the cure cannot be worse than the disease, but the pressure isn’t just from rhetoric or from individuals, it’s from the way the system is set up. 

You look at the kinds of costs and debts that Americans incur just for functioning. Like if you get sick, that costs money and that creates debt, if you have a higher education system, even one that is continuing on Zoom at the moment, that costs money and that causes debt.   

Both of these things coupled with just the usual systems of credit means that most Americans are in eyewatering amounts of debt, and then debt has interest which means that you’re incentivized to get back to work as fast as possible and you put people in a position where it’s not only rational but critical to get back to earning money because it costs money to earn less.  

The way the system functions is such that not only do you create all these pressures, it’s then coupled with this narrative of individualism, telling people that both the source of the problem and the nearest solution is to be conceived of in these individualistic autonomous senses.  

It’s a real shame when we reinforce and circulate these images of Americans protesting in the way that they are right now, because we obscure the fact that even these apparently maniacally individual faces are in fact the product of the same system that crushes the rest of us.  

This is an extract from a live-streamed event. Watch the full conversation from FODI Digital event, Ethics of the Pandemic, below. Don’t miss our next live-stream events at www.festivalofdangerousideas.com. 


Living well or comfortably waiting to die?

It can be argued that life isn’t something we have, it’s something we do 

It is a set of activities that we can fuse with meaning. There doesn’t seem much value to living if all we do with it is exist. More is demanded of us.  

One of my favourite quotes about living comes from French Philosopher, Jean Jacques Rousseau.

“To live is not to breathe but to act. It is to make use of our organs, our senses, our faculties, of all the parts of ourselves which give us the sentiment of our existence. The man who has lived the most is not he who has counted the most years but he who has most felt life. Men have been buried at one hundred who have died at their birth.” 

Rousseau’s quote isn’t just sage; it’s inspiring. It makes us want to live better – more fully. It captures an idea that moral philosophers have been exploring for thousands of years: what it means to ‘live well’ – to have a life worth living. 

Unfortunately, it also illustrates a bigger problem. Because we tend to interpret Rousseau’s guide to ‘Really Good Living’ in a particularly narrow way – that it’s all about vitality, seizing the day and YOLO. 

This is a reality that professionals working in the aged care sector should know all too well. They work directly with people who don’t have full use of their organs, their faculties or their senses. 

Months ago, before the pandemic, I presented Rousseau’s thoughts to a room full of aged care professionals. They felt the same inspiration and agreement that I felt. 

That’s a problem. 

If the good life looks like a robust, activity-filled life, what does that tell us about the possibility for the elderly to live well? And if we don’t believe that the elderly can live well, what does that mean for aged care?

The findings from the recent Aged Care Royal Commission reveal galling evidence of misconduct, negligence and at times outright abuse. The most vulnerable members of our communities, and our families, have been subject to mistreatment due in part to a commercial drive to increase the profitability of aged care facilities at the expense of person-centred care

More recently, we have seen aged care at the centre of the Covid-19 pandemic. Over 250 deaths have been recorded in facilities across Australia from the virus and our State and Federal governments are fighting out responsibility. 

Elderly residents have been prevented from being treated in hospitals, their facilities have been drastically understaffed and public commentators have wondered whether we ought simply to allow more of them to die.  

Absent from the discussion thus far has been the question of ‘the good life’. That’s understandable given the range of much more immediate and serious concerns facing the aged care sector, but it is one that cannot be ignoreddespite the urgent matters before us.

Whilst leaders and decision-makers must be held accountable, there is a deeper sense of shared responsibility we should all carry when it comes to our attitudes toward ageing and aged care.

In 2015, celebrity chef and aged care advocate Maggie Beer told The Ethics Centre that she wanted “to create a sense of outrage about [elderly people] who are merely existing”. Since then she has gone on to provide evidence to the Royal Commission because she believes that food is about so much more than nutrition. It’s about memory, community, pleasure and taking care and pride in your work. 

Consider the evidence given around food standards in aged care. There have been suggestions that uneaten food is being collected and reused in the kitchens for the next meal; that there is a “race to the bottom” to cut costs of meals at the expense of quality, and that the retailers selling to aged care facilities wildly inflate their prices. The result? Bad food for premium prices. 

We should be disturbed by this. This food doesn’teven permit people to exist, let alone flourish. It leaves them wasting away, undernourished. It’s abhorrent. But what should be the appropriate standard for food within aged care? How should we determine what’s acceptable? Do we need food that is merely nutritious and of an acceptable standard, or does it need to do more than that? 

Answering that question requires us to confront an underlying question: Do we believe aged care is simply about providing people’s basic needs until they eventually die?

Or is it much more than that? Is it about ensuring that every remaining moment of life provides the “sentiment of existence” that Rousseau was concerned with? 

When you look at the testimony provided to the Aged Care Royal Commission, a clear answer begins to emerge. Alongside terms like ‘rights’, ‘harms’ and ‘fairness’ –which capture the bare minimum of ethical treatment for other people – appear words such as ‘empathy’, ‘love’ and ‘connection’.

These words capture more than basic respect for persons, they capture a higher standard of how we should relate to other people. They’re compassionate words. People are expressing a demand not just for the elderly to be cared for but to be cared about. 

Counsel assisting the Royal Commission, Peter Gray QC, recently told the commission that “a philosophical shift is required, placing the people receiving care at the centre of quality and safety regulation. This means a new system, empowering them and respecting their rights.” 

It’s clear that a philosophical shift is necessary. However, I would argue that what’s not clear is if ‘person-centred care’ is enough. There is an ageist belief embedded within our society that all of the things that make life worth living are unavailable to the elderly.

As long as we accept that to be true, we’ll be satisfied providing a level of care that simply avoids harm, rather than one that provides for a rich, meaningful and satisfying life. 

Unless we are able to confront the underlying social belief that at a certain age, all that remains for you in life is to die, we won’t be able to provide the kind of empowerment you felt reading Rousseau at the start of this article. 

What it will do is provide a better version of what we already believe – that once you are at a certain age and stage of life, ‘living’ is no longer a real option? You must settle for existing.

At this stage, we can pump you full of our care, love, empathy and respect – and most people accept that we should do that – but you are no longer living for yourself. You are waiting, as humanely as possible, to die. 

Unless we confront this deeper belief, any positive movement in aged care will struggle to provide residents with what we all hope for – a life worth living. 

*This is an edited version of an article first published on 10th September 2019