Calling out for justice

It’s probably the biggest phenomenon of calling out we’ve ever seen. On 15 October last year, in the wake of Harvey Weinstein being accused of sexual harassment and rape, actress Alyssa Milano tweeted:

“If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ as a status, we might give people a sense of the magnitude of the problem.”

The phrase and hashtag ‘Me too’ powerfully resonated with women across the globe and became one of the most viral occurrences in social media history. Not only did the campaign become a vehicle for women to share their stories of sexual abuse and harassment, it had real world consequences, leading to the firing and public humiliation of many prominent men.

One of the fall outs of the #MeToo movement has been a debate about “call out culture”, a phrase that refers to the practice of condemning sexist, racist, or otherwise problematic behaviour, particularly online.

While calling out has been praised by some as a mechanism to achieve social justice when traditional institutions fail to deliver it, others have criticised call outs as a form of digital mob rule, often meting out disproportionate and unregulated punishment.

Institutional justice or social justice

The debate around call out culture raises a question that goes to the core of how we think justice should be achieved. Is pursuing justice the role of institutions or is it the responsibility of individuals?

The notion that justice should be administered through institutions of power, particularly legal institutions, is an ancient one. In the Institutes of Justinian, a codification of Roman Law from the sixth century AD, justice was defined as the impartial and consistent application of the rule of law by the judiciary.

A modern articulation of institutional justice comes from John Rawls, who in his 1971 treatise, A Theory of Justice, argues that for justice to be achieved within a large group of people like a nation state, there has to be well founded political, legal and economic institutions, and a collective agreement to cooperate within the limitations of those institutions.

Slightly diverging from this conception of institutional justice is the concept of social justice, which upholds equality – or the equitable distribution of power and privilege to all people – as a necessary pre-condition.

Institutional and social justice come into conflict when institutions do not uphold the ideal of equality. For instance, under the Institutes of Justinian, legal recourse was only available to male citizens of Rome, leaving out women, children, and slaves. Proponents of social justice would hold that these edicts, although bolstered by strong institutions, were inherently unjust, built on a platform of inequality.

Although, as Rawls argues, in an ideal society institutions of justice help ensure equality among its members, in reality social justice often comes into conflict with institutional power. This means that social justice has to sometimes be pursued by individuals outside of, or even directly in opposition to, institutions like the criminal justice system.

For this reason, social justice causes have often been associated with activism. Dr Martin Luther King Jr’s march in Montgomery, Alabama to protest unfair treatment of African American people in the courts was an example of a group of individuals calling out an unjust system, demanding justice when institutional avenues had failed them.

Calling out

The tension between institutional and social justice has been highlighted in debates about “call out culture”.

For many, calling out offends the principles of institutional justice as it aims to achieve justice at a direct and individual level without systematic regulation and procedure. As such, some have compared calling out campaigns like #MeToo to a type of “mob justice”. Giles Coren, a columnist for The Times of London, argues the accusations of harassment should be handled only by the criminal justice system and that “Without any cross-examination of the stories, the man is finished. No trials or second chances.”

But others see calling out sexist and racist behaviour online as a powerful instrument of social justice activism, giving disempowered individuals the capacity to be heard when institutions of power are otherwise deaf to their complaints. As Olivia Goldhill wrote in relation to #MeToo for Quartz:

“Where inept courts and HR departments have failed, a new tactic has succeeded: women talking publicly about harassment on social media, fuelling the public condemnation that’s forced men from their jobs and destroyed their reputations.”

Hearing voices

In his 2009 book, The Idea of Justice, economist Amartya Sen argues a just society is judged not just by the institutions that formally exist within it, but by the “extent to which different voices from diverse sections of the people can actually be heard”.

Activist movements like #MeToo use calling out as a mechanism for wronged individuals to be heard. Writer Shaun Scott argues that beyond the #MeToo movement, calling out has become an avenue for minority groups to speak out against centuries of oppression, adding the backlash against “call out” culture is a mechanism to stop social change in its tracks. “Oppressed groups once lived with the destruction of keeping quiet”, he writes. “We’ve decided that the collateral damage of speaking up – and calling out – is more than worth it.”

While there may be instances of collateral damage, even people innocently accused, a more pressing problem to address is how and why institutions we are supposed to trust are deaf to many of the problems facing women and minority groups.

Dr Oscar Schwartz is an Australian writer and researcher based in New York with expertise in tech, philosophy, and literature. Follow him on Twitter: @scarschwartz


How to pick a good friend

Fed up with fair weather friends? A bit of ethical reflection will help you figure out which friends to pick – and keep.

It takes very little to make a “friend”.

A bit of spark, some solid banter. A vulnerable confession or two. Sharing the same floor, class, or gym helps lower the stakes even more. This happy conversation: “You’re getting a coffee now? Me too!” Spells the chorus cheer of a budding friendship. Any more than that and phew – let’s not force something that’s meant to be easy!

But is that true? Is effort really the death knell? Stick around in any friendship, and you will find the coveted ease ebbing away. Illness, death, divorce, bankruptcy… Mother Time has a funny way of revealing the friends who will stick by you no matter what, and the friends who will leave at first pinch.

In a 2016 survey conducted by Lifeline with over 3100 respondents, 60 percent of Australians confessed to feeling lonely on a regular basis. A large portion of these people live with a spouse or partner. The stats show its quality we need, not quantity.

Shasta Nelson, author of Frientimacy, argues the loneliness many of us feel isn’t because we don’t know enough people. Instead, it’s because we don’t feel known, supported, and loved by the right few.

How do we find this right few? Ethical reflection can help.

Friendship values

When do you feel loved? And how do you show love?

These questions can help reveal our friendship ‘values’. Knowing which of these we prioritise is key to discerning which of our friendships are valuable and worth investing effort in. Do you feel most loved when you’re accepted unconditionally? When you’re having a good laugh? What about when your achievements are celebrated and encouraged? Or when your ideas are challenged in a lively debate? None of these are mutually exclusive but being clear about what you value makes it easier to decide if this friendship is one to prioritise.

You may think the second question redundant but knowing how we express love can help bring out the subconscious values that drive our behaviour. We each have patterns of love or dependency that are formed in childhood. Knowing what they are helps you be more aware of the ones you naturally tend to lean into, and if those are ones you want to cultivate. As much as we like to believe we naturally gravitate to what’s good for us, we might be more likely to gravitate to what’s familiar.

You might show love by being financially generous, hospitable, or a shoulder for someone to cry on. You might value having shared interests and vibrant conversations or being their emergency contact in a crisis. Maybe you show your love and comfort around someone by letting your hair down and complaining a lot. Hey, it happens.

How to create deeper friendships 

Choosing the right types of people as friends can help us cultivate relationships based on shared values and character, not circumstance. And when we have them, let’s treat them well. Nelson’s three principles for deepening an already existing friendship are:

  1. Positivity: helping each other feel good. Think smiles, laughter, empathy, and validation.
  2. Consistency: a bank of expected behaviour that builds trust; the opposite of walking on eggshells around someone.
  3. Vulnerability: sharing the bad and the good.

A friend is one with whom we are willing to share, without fear of judgement, our truest self. It’s worth being picky about.

Next month, we’ll be talking about how to end a friendship – ethically. If you can’t wait that long, Ethi-call can help, our free helpline for life’s ethical struggles. Book your appointment here.


Metaphysical myth busting: The cowardice of ‘post-truth’

One of the more disturbing trends to emerge in public discourse recently has been the idea that we live in a ‘post-truth’ era.

While the phrase has most often been used in reference to President Trump’s frequent and shameless self-contradictions, it is also reflected in other debates. The anti-vaccination movement’s rejection of medical science, increasing distrust of the media, the success of political nihilism, as pioneered by 4-Chan, and the Flat-Earth theorists.

All of these movements reflect a growing idea: truth is simply a matter of opinion. The field of philosophy that deals with such foundational questions is metaphysics. It holds the honour of being both the most important, and most utterly infuriating pursuit one can engage in. On the one hand, metaphysics provides the foundation for all subsequent philosophy and ethics. On the other, it posits questions that are impossible to answer without being an omniscient deity.

But just because metaphysics cannot provide certainty, doesn’t mean it cannot provide conclusions. And in an age where “Well, that’s just your opinion” is considered a legitimate rebuttal, I feel that now is a good time to review a few popular myths of metaphysics:

Nihilism means I can do what I want

It should come as no surprise that post-truth enthusiasts have taken to the concept of Nihilism – or at least a simplified form of it. They argue that since life has no demonstrable ‘purpose’ everything we do is pointless. Ergo, if there’s no grand point to life, our actions are meaningless and we can all do whatever we want.

Nihilism is a serious philosophical theory worthy of deep consideration. It is also fairly easily debunked by slapping its proponents across the face. Life may or may not have a ‘purpose’, but the idea that such a vacuum would single-handedly annihilate the value of ethics blatantly ignores the very tangible existence of consequences.

All rules are constructs, therefore all rules are false

Any thorough analysis of a deontological system of ethics will quickly find exceptions. Since the value of a rule-based approach depends on our ability to rely on those rules, it is both intuitive and compelling to suggest that since all rules are social constructs, none hold inherent meaning.

But the conclusion that follows from this argument would agree that science is wholly void because it doesn’t yet offer us a perfect understanding of the universe. While rules-based approaches will inevitably be flawed to some degree, their ability to provide external accountability makes them invaluable ethical tools. They should be judged according to their merit, not their nature.

A lack of definitive proof makes your position false

Metaphysics is uncertain by nature. Questions like the nature of reality, for instance, cannot be answered while we are simultaneously immersed in it. As such, nearly every ontological theory very well could be true. We could be living in a simulation, we could be programs in a hyper-advanced computer, and it could even be possible that all things cease to exist when you’re not looking at them.

But while such uncertainty cannot be eliminated, we do have tools for managing it. Think of the scientific method, which demands objective evidence before conclusions are drawn. Thus far we have myriad proofs that reality is objective, even if our understanding of it is very much subjective. It is indeed possible that reality can be changed by our perception of it, a la The Secret and it’s ‘law of attraction’, but thus far lacking any evidence whatsoever to support such a theory, we can happily discard it.

My opinion is valid, because it is my opinion

Perhaps the most common post-truther stance is the argument that every opinion is valid, simply because someone holds it. You may believe racial segregation is a destructive force in society, but they believe it is better for all communities. You are entitled to your opinion and they are entitled to theirs – so the correct course of action is to vote and see which idea wins ‘on its merits’.

This argument plays strongly into the popular ideal of ‘freedom of speech’. It also happily bypasses the idea that opinions should be held accountable against available evidence. Apply such a standard, and the argument “I’m entitled to my opinion” quickly gains a qualification: You are not entitled to be wrong.

Who are you to tell me I am wrong?

Finally, we reach what in many ways is the foundation of the post-truth trend: who are you to tell me that something is wrong or right? These are my beliefs. How dare you attack something so important to me?

The practical answer to this question is quite simple: I have a right to challenge your opinion to ensure that factually invalid ideas do not lead to harmful conduct. But the psychological implications are far broader. It’s one thing to demonstrate your opinion is better supported by evidence than another person’s, but that isn’t the goal, is it? We can’t just point out another person’s error and expect them to immediately change their mind. In fact, cognitive biases such as the Backfire Effect, demonstrate that we are likely to get the opposite result.

The question of how best to engage with those that disagree with us is an important topic. But if the purpose of ethics is to help us decide what is right, then efforts to undermine ideas by appealing to uncertainty, relativism, and personal opinion must be seen for what they are: pure intellectual cowardice.


CCTV cameras installed by boss. Security surveillance: A dome CCTV camera mounted on a wall under a light fixture.

So your boss installed CCTV cameras

CCTV cameras installed by boss. Security surveillance: A dome CCTV camera mounted on a wall under a light fixture.

Meet Sophie. As the Head of Human Resources in her organisation, she begins to doubt the integrity of her management team when CCTV cameras are installed throughout her workplace with little warning. Sophie has made an appointment to speak with an Ethi-call counsellor.

In what follows, a highly trained counsellor responds to a fictional yet typical dilemma faced by callers who use The Ethics Centre’s free helpline, Ethi-call. Please note, this is not a substitute for an Ethi-call counselling session. It will give you an idea of what to expect if you ever need to use the service.

The counselling session

Sophie: I’ve never come across a situation like this in my 20 years as a HR professional. We are on the edge of a culture crisis and I’m not sure who I can trust.

Recently, a staff member was verbally assaulted by a trespasser on business premises outside of business hours. The victim felt it wasn’t serious enough to warrant legal intervention but he agreed with our workplace it wasn’t harmless enough to shrug off. Wishing to be seen as responsive to the event, management responded without my consultation by installing CCTV cameras inside and outside the office. Their reaction was quick and they did not have a specific policy to guide the decision. Staff arrived at work on Monday to find cameras on the premises without any explanation.

Ethi-call: As head of HR, how does your role fit within your organisation?

I look after the people in the organisation by implementing the HR policies of the business under the direction of general management. I’m a go to person for employees with workplace issues, advocating for staff in situations where they’ve been taken advantage of. I’m trusted by my peers. I’m the messenger for management, but most decisions I share are not mine and at times I even disagree with them. I’ve worked hard to build a culture of transparency and an environment where all staff can speak up.

Ethi-call: What’s the purpose and values of your organisation?

We exist for our customers and shareholders. We value honesty, safety, innovation, and recognition. But I feel the management team has traded honesty for safety in their latest decision.

Ethi-call: In your industry and HR, are there professional standards or a professional body that might be of relevance to this situation?

Yes, there is the Australian HR Institute, which has a professional code of ethics and professional conduct, plus my organisation also has a national peak body. I’ve phoned because it states I should lead others by modelling competent and ethical behaviour but in this situation I’m not sure what that is.

Ethi-call: What obligations do organisations have in relation to employee safety and privacy and where does your organisation fit?

Our privacy policy meets accepted industry standards. People know we can access their emails at any time and activity on our network isn’t private. People are aware about some privacy compromises. That being said, it’s certainly not an expressed part of company policy that we can film and monitor staff in the office.

As for safety, we have a duty of care to our employees and follow required WHS measures. It’s our responsibility to provide a safe workplace.

Ethi-call: Are you aware of any other organisations who have installed CCTV cameras in this way? What did they do?

This is part of the problem. I’m not sure of any business in this industry who has installed cameras in this way. It’s not like we’re a retail or security focused business. I need to seek advice from industry representatives. Maybe even a lawyer….

I want to believe the management team have our best interests at heart but now I’m not sure. Usually when there are big changes in our organisation, we consult with our staff and bring them on the journey with us.

To make matters worse, recent discussions about staff redundancies in the new financial year have leaked through the organisation.

Ethi-call: How would you describe your relationships with staff?

Staff trust me and I’m glad they do. I value the people around me, because without them the organisation would not exist. But I don’t feel comfortable being the mouthpiece for a management team whose motives in installing the cameras may be more sinister.

Ethi-call: What do you normally do when you don’t agree with the decisions of the management team?

Sometimes I speak up and sometimes I don’t. I draw on my HR expertise and my position in the organisation which helps me facilitate open conversations.

I thought we had a culture of transparency and consultation so I’m shocked I wasn’t consulted before this decision was made. Clearly this has implications on staff and my role as a leader in their HR team, given its potential to negatively impact the organisation and our culture. Maybe they thought they were doing the right thing, but it feels like they might be using the assault as an excuse to monitor employees disingenuously.

Ethi-call: You’ve said staff rumours are fearing the cameras will be used for more than security. Do you know for a fact if the cameras will be used for the staff review?

I don’t know this for sure. I completely understand everyone’s concerns though. My gut tells me they might be right. A while back, some employees had their emails audited to support the termination of their contracts. So, while I’m making assumptions at this point, I can’t help but think management has a history of using data in a way that undermines fairness in the workplace. But it’s just not clear yet if a lack of transparency in this instance mean questionable or bad intentions.

Ethi-call: So, what do you think is the purpose of security camera’s in an organisation?

I’ve been told the purpose is to protect the assets of the business, be it staff or equipment. This is a good thing, clearly, but there should be a clear privacy policy around access and use of recordings. It’s also very important the company be transparent when introducing new security measures – like cameras – into the workplace.

So what did Sophie take away from the call?

The conversation with the Ethi-call counsellor made me better understand my professional identity and what values I want to uphold – both within the organisation and in my profession. I have promised to engage and support the staff, but I feel I need to do a little bit more research on this and seek the advice of a trusted advisor before I act.

I feel strongly that if I want to maintain my professional integrity and the trust of my colleagues I can’t sit back and do nothing. I also expect the management team to live the values of the organisation as well and I should be courageous enough to have this conversation with them too.

Ethi-call is a free national helpline available to everyone. Operating for over 25 year, and delivered by highly trained counsellors, Ethi-callis the only service of its kind in the world. Book your appointment here.

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If women won the battle of the sexes, who wins the war?

Only two years ago, I said the question of feminism’s success was over. Sure, there was still plenty of mopping up to do – ingrained practices and subconscious beliefs that needed to be rooted out – but the war was won. Feminism was now the socially and institutionally accepted norm in the developed world. Everything else was just details.

As you can imagine, I’m no longer so sure of that stance.

The Trump era demonstrates that for many, the war is far from over. Whether we’re talking about the Men’s Rights Movement, hypermasculine pick-up artists, or the extremist fringe Incel movement, a resurgence of anti-feminist sentiment in recent years raises some serious concerns for the future of the debate.

Sociological analysis of platforms such as YouTube, Reddit, and 4chan have noted that – quite contrary to the overall changes to social norms – anti-feminist sentiments appear to be resurgent in online forums. Feminist campaigners and scholars have approached this issue by attempting to demonstrate the feminist goals of dismantling gender roles and toxic masculinity are beneficial to men too, not just women. In spite of their efforts, anti-feminist sentiments are re-emerging in ‘real world’ political and social discourses.

But I believe that such approaches to this debate miss a key factor that underlines this revival of patriarchal masculinity.

“In the battle of the sexes, there can only be one winner. And it wasn’t men.”

Competing for power

For women, the development of feminism was an experience of expanding freedom, autonomy, and the right to both. Restrictive ideals of ‘feminine’ careers and pursuits were slowly dismantled, economic mobility and independence was gradually wrested from the patriarchy, and both political freedom, and the recognised right to that political freedom, became enshrined in law and the policy of private companies.

While nobody can reasonably deny this hard-earned progress towards equal rights was the ethical imperative, we should recognise that this newly-won power for women came from somewhere. It came from men.

If we understand power as the ability for an individual or group to control their circumstances, and if that power within a given context cannot be shared, it must instead be competed for by the parties involved. And while women have had every justification in seeking their fair share of power in order to control their circumstances, seeing their public role in the world burgeon as a result, this same process has seen men’s shrink.

In the space of one generation they have gone from the undisputed leaders of society and the family unit, to adrift in a sea of uncertainty as the new world order of equal rights asserts itself.

The Incel movement – “involuntarily celibate”

All of this is nicely illustrated by the emergence of the Incel subculture. ‘Incel’ is an abbreviation for ‘involuntarily celibate’. It is a community comprised of young men who feel that sex – or even the opportunity for sex – has been denied to them by women, both individually and collectively. The layers of psychology surrounding this are many and complex, as captured in excellent detail in this piece by philosopher Amia Srinivasan. But while it is both easy and accurate to describe a perceived entitlement to sex as severely problematic, doing so ignores one very important reality: in many regards, men used to have that power.

Even as recently as the 1990s, a masculine trope where men were responsible for providing for and protecting their families was still quite well established. They were told they should be upright, decent, considerate, and strong. And in return for all of this, they would attract female partners who would recognise these qualities, and those female partners would reward them with sex.

Needless to say, this is an incredibly simplistic and largely inaccurate perception of traditional gender roles, ignoring as it does the vast number of people that did not experience this simple equation or who were victimised by it. But the fact remains it was also somewhat true. Where strict gender roles are enforced by society, a man is offered a very simple formula to follow to get female companionship and/or sex. Fulfil the traditional role of a ‘man’ and women would inevitably seek out your company – usually because their traditional role as ‘women’ meant they had few other options.

The rise of feminism has seen increased freedom and opportunity for both genders, but while it saw the role of women grow, it also saw this traditionally dominant role for men shrink. Many men have seen this as an opportunity to grow beyond the old restraints of masculinity, but others have found themselves adrift, lacking even the old traditional guidelines to tell them what their purpose is and how they should conduct themselves.

“Masculinity today is in crisis. Old ways for men to understand themselves, their role and their purpose, have fallen apart.”

Faced with the potentially colossal existential crisis this presents them with, many men are turning to reactionary anti-feminist movements in psychological self-defence, preferring to externalise their crisis into a fightable enemy rather than undertake the daunting task of creating a new and better self – a project which by its very nature must be undertaken alone and is often very painful. The question before us is what we can offer those seeking an identity in this new, dynamic age that can provide that precious sense of self, which doesn’t also depend on unrighteous dominance over others.

This question is neither the fault, nor the responsibility of women. But faced with the reality of a resurgence in patriarchal political sentiment, it is a problem that feminists and their allies are forced to deal with – whether we like it or not.


The #MeToo debate – recommended reads

IQ2 Australia and Vivid Ideas debated whether, ‘#MeToo has gone too far’. Here is a curated snapshot of the public conversation – just in case you’ve had your head in the sand.

Article

Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades

New York Times

Jodi Kantor and Megan Twohey

5 October 2017

This is the article that broke the Harvey Weinstein story. While it’s now internationally infamous, it is well worth reading to understand how strong the structures that protected Weinstein were. It includes his first official response.

Video

TIME Person of the Year 2017: The Silence Breakers

TIME

Diane Tsai, Spencer Bakalar, Julia Lull [producers]

6 December 2017

Dishwashers, Hollywood stars, academics, hotel staff, journalists, an engineer, and even a senator feature in this short video by TIME of people speaking up against sexual harassment.

Article

I went on a date with Aziz Ansari. It turned into the worst night of my life

babe.net

Katie Way

13 January 2018

This piece wins the title of ‘Most Divisive Contribution to the #MeToo Movement’. It is both celebrated as a precise example of young women’s damaging sexual experiences and scorned for undermining #MeToo by lacking journalistic integrity and conflating “bad sex” with assault.

Article

The Humiliation of Aziz Ansari

Caitlin Flanagan

The Atlantic

14 January 2018

This response to the babe.net article labels it “3,000 words of revenge porn”. Ouch. It highlights the generational differences in attitudes to sex and feminist values that has been underpinning the #MeToo debate.

A separate yet notable moment in the generational rift between women over #MeToo was when Katie Way, the 22 year old author of the Ansari article called Ashleigh Banfield, a 50 year old female news anchor who criticised her piece, “that burgundy lipstick bad highlights second-wave feminist has-been”.

Article

Want #MeToo to serve justice? Use it responsibly

Michael Salter

ethics.org.au

31 January 2018

IQ2 guest Michael Salter is an expert in trauma, gendered violence, sexual abuse, and social media. He reflects on how the #MeToo movement can retain potency and serve justice.

Here seems a good space to explain why we invited two men to be part of this debate – Michael Salter and Benjamin Law. It’s an approach some people disagree with. The Ethics Centre and Vivid Ideas felt the conversation would benefit if both women and men took part and speak with another.

Podcast

Has #MeToo Gone Too Far, or Not Far Enough?

Waleed Aly & Scott Stephens

The Minefield

7 March 2018

A favourite ethicist of ours Scott Stephens poses a key challenge to the #MeToo movement: are we comfortable for this revolution to take innocent people as collateral damage?

It’s a question Teen Vogue columnist Emily Lindin answered with her controversial tweet, “If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay”.

Video

In the age of #MeToo

The Feed SBS VICELAND
Jeanette Francis

“Lads, it’s time to admit if you’ve been gross.” IQ2 guest and TV journalist Jeanette Francis, aka Jan Fran, asks why there isn’t a #MeToo hashtag for men, the ‘doers’ of the harassing. This little video package with its provocation and stats on sexual harassment is a finalist in the mid-year Walkley awards.

Watch the IQ2 debate here: ‘#MeToo has gone too far’

Libby-Jane Charleston & Michael Salter vs Jan Fran & Ben Law

A collaboration between The Ethics Centre and Vivid Ideas


Is modesty an outdated virtue?

Beachgoers would have noticed our lucky country has been hit with a rather European trend. Or is it South American?

Women and girls of all ages and shapes were donning g-string swimsuits and Brazilian bottoms. Arse cheeks were out and as sun-kissed as a brown forearm, curiously suggesting they had never been covered up. Insert thinking emoji face here.

If conversations and interactions underneath Instagram posts are anything to go by, people seem to care a lot about this newish oceanside fashion. People have been looking and commenting and rubbernecking and commenting some more. Was that the sound of a drone hovering over the group of young women lying belly down on the sand?

“Whether a bit more butt cheek is nudity or not, our different reactions to the sight of peach shaped posteriors reflect so much on our different ideas of bodies, gender, and sexuality.”

Whether a bit more butt cheek is nudity or not, our different reactions to the sight of peach shaped posteriors reflect so much on our different ideas of bodies, gender, and sexuality. Australia is one of the most diverse countries in the world, so it makes sense some sort of overarching cultural attitude to how much skin we should show doesn’t exist. Even individuals will sometimes revere and scorn the sight of skin – context is everything.

Nudity can be a beautiful thing. It’s darn delightful to see the kids running around the backyard in the nutter on a hot day as the sprinkler runs, free of all the bodily self-consciousness that will hit them in adolescence. Such sweet, innocent freedom.

But by the time we’re all growed up, we’re sexual beings and our bods better be covered or it’s just down right creepy – unless you’re at the beach of course. It’s often said women are more free to dress how they like in any environment but even a boringly functional shoulder on a hot summer’s day is wildly inappropriate in some workplaces. Then again, imagine a man exposing his knees by wearing shorts in a corporate environment or strutting into the boardroom in flip flops.

Shoulders, knees and toes, so risqué. No wonder people love to get semi-nude when they’re near sand and saltwater. The working week’s uniform is so prudish when compared with the itsy bitsy teenie weenie things we’re permitted to sport in public at the beach. And perhaps that’s the beauty of this summer’s bare butt trend – a liberation of the social and cultural expectations most are happy to play along with but only for limited week day bursts.

Maybe it’s the influence of Kim Kardashian’s glorious glutes. Maybe HBO started the nudity thing years ago – Australians tend to follow northern hemisphere trends a season or more later. Maybe it isn’t about popular culture at all and it’s just that women want more skin tanned and are seeing it’s now acceptable. Could we stretch this to a health argument by bringing up vitamin D? Or is it just that despite the good advocacy work of the Cancer Council, people can’t resist the warm, fuzzy feeling of sunrays touching their arse?

“On one hand, you could argue the butt cheek trend is marking a positive social shift in attitudes to women’s bodies – one where we’re less concerned about the shape or size of anyone’s booty.”

On one hand, you could argue the butt cheek trend is marking a positive social shift in attitudes to women’s bodies – one where we’re less concerned about the shape or size of anyone’s booty and getting it out there shows women and girls in particular aren’t as hung up about their physical selves as we once believed.

On the other hand, you could argue this is a submission to sexism. Plenty of people don’t like to see women and girls enjoying their bodies this way. While arguments in favour of modesty can attract accusations of a controlling type of chauvinism, they are often made in defence of women’s liberty. Why must the so called fairer sex feel an obligation to display so much skin? Can’t women and girls have fun in the sun without feeling they need to sexualise themselves? Is all this bum display a nasty product of patriarchy getting its insidious tentacles into our beachside R&R?

I descend from a people not known for bodily inhibitions. If Hungarians aren’t presented with a sign in public baths telling them to don swimwear, the only suit necessary is the one your mama gave you. Some baths even supply disposable coverings for men and women’s nether regions in case they forget to pack something (although I suspect there are a few Magyars who don’t own a cozzie).

The other side of my family values dressing modestly in public. Headscarves are worn to social gatherings and ankles covered. Someone walking bare butt into a space, let alone naked, is unimaginable.

So, do we care which direction Australian beaches head? And how does a culturally diverse country make a general rule around appropriate levels of dress?


Will I, won’t I? How to sort out a large inheritance

Torn between rights and obligations, a long-suffering widower agonises over how to divvy up his assets, while an aunt’s growing nest egg is in danger of being squandered. This month we are talking about inheritance on Ethi-call.

Disclaimer: The cases shared here are fictional accounts of typical dilemmas faced by callers who use The Ethics Centre’s free helpline Ethi-call. This is not a substitute for an Ethi-call counselling session.

Inheritance is a sticky issue. No matter your role – the writer of the will, the executor, the recipient, or the advisor – each individual has a view of how important justice, fairness, obligations, or rights are in making their decisions. If you’re lucky, these views are shared among all involved. At Ethi-call, The Ethics Centre’s free counselling service for ethical dilemmas, we know they usually aren’t.

Take this typical scenario:

Peter is a widower with two children in their late 40s. His daughter is a university educated high earner with a husband and two children. His son doesn’t have qualifications and although he works hard, he changes jobs frequently, never having found a satisfying career path. He is divorced and also has two children.

Peter has a degenerative disease and knows he will not live to see his grandchildren grow up. His will provides a 50/50 split of his assets between his children but he feels his son needs more help.

Peter tried talking with his daughter about this but she was upset he was considering treating them differently. She said she should not be penalised for her hard work and her brother is not entitled more because of his own life choices. Peter loves both his children and doesn’t want his daughter to feel undervalued. Some of his friends have even said she deserves more than half as a reward for the disciplined life she’s led. His wife who died four years ago wanted to make sure all her grandchildren were provided for generously and Peter wants his will to be fair, without causing pain or ill will. He just can’t see how he can achieve this. He is very distressed about the decision he has to make.

Ethics asks, “What ought one do?” I put to you, “What should Peter do?” He knows he must consider everyone who might be impacted by his decision and he has already identified the following:

  • Wanting to be fair and equal to his children
  • The capacity for inheritance to be perceived as a reward or punishment
  • His role as a grandfather and the duty he feels to support his grandchildren
  • An absolute desire to preserve his relationship with his children and their relationship with each other

If Peter were to contact Ethi-call, some questions he might be asked include:

  • What is the purpose of a will?
  • What has been your experience of receiving inheritance in the past and do you think it was handled well?
  • What are the religious or cultural norms that guide your decisions in life?

There is no doubt his children may each desire different outcomes. But if he has to choose, what is most important to him when allocating his estate?

At least for Peter’s children, his final wishes will be sorted before he passes away. What if the writer of the will is already gone, and the family can only guess what the intentions were behind it?

Take this situation:

Before Sarah’s mother died, she said she wanted her young granddaughter Alexis to inherit a significant sum of money when she turned 18. She asked her only daughter Sarah, Alexis’ aunty, to be trustee of the funds until she turned 18 because Alexis’ father had passed away. Sarah’s investing has seen the funds grow significantly. Alexis’ maturity? Not so much.

Now months away from being eligible to receive her inheritance, Sarah is concerned about Alexis’ behaviour. She dropped out of school, is not working, and smokes a lot of pot. Sarah hopes this is just a phase but sees Alexis’ mum in her and worries it might just be her personality or chosen path.

Alexis and her mum struggle financially. Sarah has no idea how they get by and can see a cash injection could relieve pressure. But she is also concerned they won’t have the willpower, skills, or knowledge to look after the funds appropriately. She believes the signs show if Alexis doesn’t squander it, her mum will.

Sarah is torn between her duty to fulfil her mother’s wishes and her loyalty to her and her memory. She was a woman with a strong work ethic, who was dedicated to growing her personal wealth through prudence and patience. Sarah has every intention of following the requirements of the will, but she is struggling with how much control she is entitled to. What ought Sarah do?

  • Should she try and help Alexis learn about money management?
  • Is it her right to make suggestions around how the money is invested or saved?
  • Whose wishes matter most – Sarah’s deceased mother, Sarah as trustee, Alexis, or Alexis’ mother?

Sarah is a woman of integrity and will respect Alexis’ right to inherit the money. But is there a way she can fulfil her mother’s wishes and do the best she can to ensure Alexis respects her legacy?

Both of these fictional cases depict someone struggling with what to do in a situation. An Ethi-call counsellor will never tell someone what to do. Instead, they follow a framework developed by The Ethics Centre over the last 25 years. This framework is driven by a wide range of questions that can often help unpack a dilemma in a way that the caller was not able to do on their own. And while a counsellor may seem to ask a lot of questions at first, there is a reason for them.

Struggling with inheritance can feel like being inside the home of the loved one you have lost. Memories, treasures, and sentimental trinkets pull you in multiple directions. But every house has a door. And every dilemma has a beginning.

There is no magic dust to make what is difficult, easy. But Ethi-call can help you find relief with understanding. A counsellor’s impartial and expert advice can be a guiding hand through neglected corridors and cobwebbed cupboards. Sometimes, someone removed from the trauma of a loved one’s death is exactly who you need to help you make your way through what is one of life’s hardest challenges.

Tough decisions are part of being human. We can help. Let us show you how. Book your free Ethi-call session here.Sally Murphy is an Ethi-call counsellor and manager of education programs at The Ethics Centre.

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The art of appropriation

In March this year, paintings in an exhibition by the British artist Damien Hirst caused controversy for bearing strong resemblance to works by Aboriginal artists from the Central Desert region near Alice Springs.

Hirst, one of the world’s best known contemporary artists, unveiled 24 new paintings at an exhibition in Los Angeles. The works, called Veil Paintings, were large canvases covered with thousands of multi-coloured dots.

Many Australians immediately noticed the similarity to a style of Indigenous dot painting developed in the Central Deserts region, particularly the paintings of internationally renowned artist, Emily Kngwarreye.

Kngwarreye’s paintings of layered coloured dots in elaborate patterns portray aerial deserts landscapes crafted from memory. Her style has been passed down across generations and has deep cultural importance.

Barbara Weir, an artist from the Central Deserts, told the ABC that Hirst recreated the painting style without understanding the culture behind it. While Hirst denied being aware of Kngwarreye’s paintings, Bronwyn Bancroft of the Arts Law Centre said that he still had a “moral obligation” to acknowledge the influence of the Aboriginal art movement.

Whether or not Hirst was directly copying the style, the controversy his paintings caused centred on the ethical issue of appropriation. Should artists use images or styles that are not their own, especially when those images or styles are tied to the sacred history of another culture?

Avant-garde appropriation

While copying and imitation has been central to artistic practice in many cultures for millennia, appropriation as a creative technique rose to prominence in avant-garde modernist movements in the early 20th century.

Cubists like Pablo Picasso and Georges Braque used appropriation in their collage and pastiche paintings, often lifting images from newspapers to incorporate into their work. Marcel Duchamp developed the practice further through his ready-mades – objects taken form real life and presented as art – like his infamous Fountain, a urinal signed, turned upside down, and positioned on a pedestal.

“These artists used appropriation to challenge traditional notions of originality and often approached art as an ethically weightless space where transgressive ideas could be explored without consequence.”

The art of appropriation was further developed by pop artists like Andy Warhol and Jasper Johns in the 1950s and later in the 1980s by Jeff Koons and Sherrie Levine. These artists used appropriation to challenge traditional notions of originality and often approached art as an ethically weightless space where transgressive ideas could be explored without consequence.

A more recent proponent of appropriation as creative practice is the poet Kenneth Goldsmith, who wrote a book called Unoriginal Genius, which defends appropriation in art. He argues that in our digital age, access to information has made it impossible to be truly original. In such an environment, the role of the artist is to embrace a free and open exchange of ideas and abandon notions of singular ownership of an aesthetic or style.

Cultural appropriation

While appropriating, remixing, and sampling images and media is common practice for artists, it can cause conflict and hurt, particularly if the materials are culturally or politically sensitive. For instance, in 2015, Kenneth Goldsmith performed a poem that appropriated text from the autopsy of Michael Brown, an African American man who was shot by police.

Critics were outraged at Goldsmith’s performance, particularly because they felt that it was inappropriate for a white man to use the death of a black man as creative material for personal gain. Others labelled Goldsmith’s poems as an extreme example of cultural appropriation.

Writer Maisha Z Johnson defines cultural appropriation as “members of a dominant culture taking elements from a culture of people who have been systematically oppressed by that dominant group”. The problem with cultural appropriation, she explains, is not the act of an individual artist, but how that artist perpetuates an unjust power dynamic through their creative practice.

In other words, cultural appropriation in art is seen by some as perpetuating systemic oppression. When artists in a position of power and privilege appropriate from those who aren’t, they can profit from what they take while the oppressed group gets nothing.

Cultural sensitivity

Issues of cultural appropriation are particularly sensitive for Aboriginal artists in Australia because painting styles are not only an expression of the artist’s creative talent, but also often convey sacred stories passed down from older generations. Painting, therefore, is often seen not only as a type of craft, but a way of keeping Aboriginal culture alive in white Australia.

It is possible that Hirst was not aware of this context when he created his Veil Paintings. In an increasingly connected world in which images and cultures are shared and inter-mixed, it can be difficult to attribute where creative inspiration comes from.

Yet, perhaps our connectivity only heightens the artist’s moral obligation for cultural sensitivity and to acknowledge that art is never made in a vacuum but exists in a particular geography, history, economy, and social context.

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Is it ok to use data for good?

You are nudged when your power bill says most people in your neighbourhood pay on time. When your traffic fine spells out exactly how the speed limits are set, you are nudged again.

And, if you strap on a Fitbit or set your watch forward by five minutes so you don’t miss your morning bus, you are nudging yourself.

“Nudging” is what people, businesses, and governments do to encourage us to make choices that are in our own best interests. It is the application of behavioural science, political theory and economics and often involves redesigning the communications and systems around us to take into account human biases and motivations – so that doing the “right thing” occurs by default.

The UK, for example, is considering encouraging organ donation by changing its system of consent to an “opt out”. This means when people die, their organs could be available for harvest, unless they have explicitly refused permission.

Governments around the world are using their own “nudge units” to improve the effectiveness of programs, without having to resort to a “carrot and stick” approach of expensive incentives or heavier penalties. Successes include raising tax collection, reducing speeding, cutting hospital waiting times, and maintaining children’s motivation at school.

Despite the wins, critics ask if manipulating people’s behaviour in this way is unethical. Answering this question depends on the definition of nudging, who is doing it, if you agree with their perception of the “right thing” and whether it is a benevolent intervention.

Harvard law professor Cass Sunstein (who co-wrote the influential book Nudge with Nobel prize winner and economist Professor Richard Thaler) lays out the arguments in a paper about misconceptions.

Sunstein writes in the abstract:

“Some people believe that nudges are an insult to human agency; that nudges are based on excessive trust in government; that nudges are covert; that nudges are manipulative; that nudges exploit behavioural biases; that nudges depend on a belief that human beings are irrational; and that nudges work only at the margins and cannot accomplish much.

These are misconceptions. Nudges always respect, and often promote, human agency; because nudges insist on preserving freedom of choice, they do not put excessive trust in government; nudges are generally transparent rather than covert or forms of manipulation; many nudges are educative, and even when they are not, they tend to make life simpler and more navigable; and some nudges have quite large impacts.”

However, not all of those using the psychology of nudging have Sunstein’s high principles.

Thaler, one of the founders of behavioural economics, has “called out” some organisations that have not taken to heart his “nudge for good” motto. In one article, he highlights The Times newspaper free subscription, which required 15 days notice and a phone call to Britain in business hours to cancel an automatic transfer to a paid subscription.

“…that deal qualifies as a nudge that violates all three of my guiding principles: The offer was misleading, not transparent; opting out was cumbersome; and the entire package did not seem to be in the best interest of a potential subscriber, as opposed to the publisher”, wrote Thaler in The New York Times in 2015.

“Nudging for evil”, as he calls it, may involve retailers requiring buyers to opt out of paying for insurance they don’t need or supermarkets putting lollies at toddler eye height.

Thaler and Sunstein’s book inspired the British Government to set up a “nudge unit” in 2010. A social purpose company, the Behavioural Insights Team (BIT), was spun out of that unit and is now is working internationally, mostly in the public sector. In Australia, it is working with the State Governments of Victoria, New South Wales, Western Australia, Tasmania, and South Australia. There is also an office in Wellington, New Zealand.

BIT is jointly owned by the UK Government, Nesta (the innovation charity), and its employees.

Projects in Australia include:

Increasing flexible working: Changing the default core working hours in online calendars to encourage people to arrive at work outside peak hours. With other measures, this raised flexible working in a NSW government department by seven percentage points.

Reducing domestic violence: Simplifying court forms and sending SMS reminders to defendants to increase court attendance rates.

Supporting the ethical development of teenagers: Partnering with the Vincent Fairfax Foundation to design and deliver a program of work that will encourage better online behaviour in young people.

Senior advisor in the Sydney BIT office, Edward Bradon, says there are a number of ethical tests that projects have to pass before BIT agrees to work on them.

“The first question we ask is, is this thing we are trying to nudge in a person’s own long term interests? We try to make sure it always is. We work exclusively on social impact questions.”

Braden says there have been “a dozen” situations where the benefit has been unclear and BIT has “shied away” from accepting the project.

BIT also has an external ethics advisor and publishes regular reports on the results of its research trials. While it has done some work in the corporate and NGO (non-government organisation) sectors, the majority of BIT’s work is in partnership with governments.

Braden says that nudges do not have to be covert to be effective and that education alone is not enough to get people to do the right thing. Even expert ethicists will still make the wrong choices.

Research into the library habits of ethics professors shows they are just as likely to fail to return a book as professors from other disciplines. “It is sort of depressing in one sense”, Braden says.

If you want to hear more behavioural insights please join the Ethics Alliance events in either Brisbane, Sydney or Melbourne. Alliance members’ registrations are free.