Conflict During Birth – 2022 Michigan HSEB Case 4

While the Michigan High School Ethics Bowl is a fully sanctioned (and arguably the nation’s coolest) NHSEB regional, they don’t use the standard case pool. Instead, local folks author a set intended to be more relevant to the community. From what I can tell, most of the cases and issues are applicable nationally, if not globally. But it’s a uniquely engaging pool, with brief author bios confirming that they’re written by Michiganders, for Michiganders.

Case 4 features a hospital administrator forced to decide whether to honor a request that might complicate a delivery. The mother asks that monitoring of the Unborn Developing Human’s heartrate be disabled during a Cesarean section delivery. The crux of the conflict comes in the final paragraph: Labor and delivery “guidelines suggest that continuous fetal heart rate monitoring is safer for the fetus, because it can allow for early identification of a rupture of the Cesarean scar [a scar due to previous C-sections]—which is deleterious to fetal (and possibly also maternal) well-being. The clinician caring for this person is insistent that the guidelines for continuous monitoring be followed and implemented, but the laboring person is insistent that they will not consent to its use.”

Why a mother would want heartrate monitoring disabled during delivery, I’m unsure. But her motives are relevant to the decision. Is her request driven by some firm, foundational religious reason? (A C-section is already a very unnatural delivery, so it can’t be an objection to the technological help.) Would the monitor make delivery distressing? (Maybe a previous C-section delivery ended badly, and hearing the monitor—or simply knowing the heartrate is being monitored—would cause severe anxiety.) Whatever the case, the strength of the reasons behind her request matter.

The level of risk is also relevant. My wife delivered twice via C-section, and from what I recall, the actual surgery (not counting prep) didn’t last more than twenty minutes, if that. (This doesn’t mean delivering that way is easy or non-dangerous. She suffered a “high spinal” with the second that could have killed her.) If the pregnancy has been normal and checks suggest delivery will be uneventful, maybe disabling the heartrate monitor wouldn’t be a big deal. Maybe complications are exceedingly rare. Then again, to the extent the lack of monitoring would put her or the Unborn Developing Human at unnecessary risk of death or disability, that potential impact would weigh in favor of going ahead and taking the precaution.

It’s also the case that the medical professionals have to balance the mother’s wishes against the Unborn Developing Human’s value, as well as risks to the resulting child’s quality of life. This late in development, the UDH is not only a potential person, but in a few minutes, it will also be a birthed baby. Fully formed and possessing many features of personhood (consciousness, the ability to feel pleasure and pain, the ability to form relationships), and well on its way of becoming a full member of the moral community, more than one party’s interests are at stake. Were the woman not pregnant, we could appropriately focus on her wishes. Were the pregnancy early term, the UDH’s value wouldn’t count as much. But this late in the game, that side of the equation is much weightier.

Ultimately, I’d recommend a conditional analysis. Rather than declaring, “The mother’s wishes should be respected, end of story” or “The UDH’s value should override everything else, end of story,” a thoughtful team could say, “The administrator should decide what to do based on a) the strength of the mother’s motivating reasons and b) the risk of death or disability in light of the value of a late-term UDH.” A team could stipulate additional details and offer a tentative conclusion. But these considerations definitely need to be in the mix.

Cool case! I’m sure the Michigan teams will offer awesome analyses at the bowl next month. I had the honor of judging in 2021, and was very impressed. But for a scheduling conflict, I’d be back this year for sure.

Kudos to case author Lisa Scheiman, Certified Nurse Midwife at the University of Michigan Hospital for 29 years, and trainer of midwifes, medical students and residents, for donating her time and expertise (she also authored case #3). And thanks to the NHSEB for continuing to support the Michigan Bowl’s prerogative to do their thing. Keep doing your thing, A2Ethics!

NHSEB Wins APA Prize

Earlier this month the American Philosophical Association in collaboration with the Philosophy Documentation Center awarded the National High School Ethics Bowl the 2021 Prize for Excellence and Innovation in Philosophy Programs. As the selection committee put it:

“Prior to the pandemic, NHSEB was already excellent and facilitated the participation of 4,000 high school student across the country… [But during COVID] NHSEB shifted their focus to access and to on-boarding new participating high schools through their NHSEBBridge program, which evolved into the NHSEBAcademy and became an online hub for students, coaches, judges, and volunteers to crowdsource ideas about ethical perspectives, gain perspectives on cases from NHSEB experts, and collaborate to address significant ethical problems. The Academy is evidence of philosophers doing their best work in a public forum, to advance the public good.”

Bravo, NHSEB! So many contributed to the initiative’s original launch, including ethics bowl creator Bob Ladenson, former Intercollegiate Ethics Bowl Directors Richard Greene and Pat Croskery, Roberta Israeloff of the Squire Family Foundation, Jan Boxill, Goeff Sayre-McCord and Katelin Kaiser of UNC’s Parr Center, and early organizers from across the country including George Sherman in Florida, Karen Mizell in Utah and Fred Guy in Baltimore.

But it’s been new director Alex Richardson and support from teammates including Steven Swartzer, Delaney Thull, Austin Foushee and others who’ve steered and elevated NHSEB through the pandemic, turning what could have been a show-stopper into an opportunity for innovation and growth.

Super congrats to Team NHSEB, including the hundreds of coaches, judges, moderators, sponsors and volunteers who are helping take ethics bowl to the next level. Thanks to each of you for moving democracy in a more civil, respectful direction. And thanks to our friends at APA for this well-deserved recognition!

NHSEB Case Roundtable Workshop Next Saturday

Our friends at NHSEB Academy are hosting a Zoom-based case discussion workshop next Saturday, December 4th at 4:30 EST.

Organized and led by philosophy students taking UNC’s Ethics Bowl and Democratic Deliberation class, coaches and teams will be invited to kindly and cooperatively think through cases 4, 7, 9 and 15:

  • Suffering in the Wild
  • 23 & Memaw
  • Priorities, Priorities…
  • All Eyes on You

Absent judges, score sheets, rankings and awards, this should be a wonderful opportunity to consider these cool issues in good faith. And with many bright moral thinkers in attendance, it should be a simple way to elevate our collective understanding… and also give your team an edge 😉

Registration is quick and easy at nhsebacademy.org/event-reg. I’ll be there. Hope to see you as well!

Why Rights are Wrong

Recall from Ethics in a Nutshell chapter 4 (review it on the Resources page here) differences between morality and legality. Good law tracks morality, but doesn’t establish or guarantee it. Just consider laws legalizing slavery or outlawing educating women. Surely it was immoral to enslave humans even when it was legal in the past. Surely it’s moral to educate women even where it’s illegal today.

Even meta-laws, such as a country’s constitution, aren’t a strong foundation for a moral argument. Your position is supported by the US Constitution? That’s cool. Did you know that document implicitly endorses slavery in Article 1, Section 2, Clause 3? Legal rights claims are tempting, and common, and would be very appropriate in a courtroom. But in an ethics bowl (or ethics paper), they signal that your analysis didn’t go very deep.

Human rights, which some claim exist prior to and even in the absence of a legal framework, are a little better. But not much. The Universal Declaration of Human Rights contains a collection of admirable, aspirational protections. But they’re all prone the same error. Check out the UDHR’s supposed inalienable human right to “periodic holidays with pay” (Article 24). A pre-legal, universal human right to paid holidays? Really? A case can be made that a life without leisure isn’t very fun. But a case can also be made that this doesn’t rise to the level of an inalienable protection naturally enjoyed by all humans, especially the “paid” part.

In addition to being fallible human artifacts, notice how even the language of rights impedes discussion. Rights suggest an all-or-nothing, on/off, absolute nature precluding balance and care, which does more harm than good when trying to think through a tough issue.

For example, if I claim a right to bear arms and you claim a right to public safety, and you think this supposed “right” to public safety is incompatible with private citizens owning arms, we’re at an impasse. The same is true when discussing abortion. If one person asserts a right to life and another a right to control their body, we’re (unnecessarily) stuck.

Invoking rights pretends an issue is fully settled and clear in light of some dominant ethical claim, and that one consideration (the asserted, favored right) dwarfs all others, when that’s simply not the case. Smart human rights theorists usually tie their claims to some fundamental human interest, which helps. But why not avoid the problematic language of rights altogether? It’s too coarse, too oversimplified, and not nearly nuanced enough for careful ethical analysis, including ethics bowl case analysis.

And if your gut’s telling you there’s some strong interest or overriding reason in play, explore the “why” behind it. Rather than ignoring rights claims, use them as clues. It’s far better to unpack the supporting reasons (if any can be found), examine and craft them into a transparent argument, than to invoke the lazy shorthand of rights.

NHSEB 2021-2022 Regionals Cases Initial Thoughts—Full Set

1: The Social (Experiment) Network – Facebook could direct its algorithms to encourage outbreaks of collaboration, civility and purposefulness. Instead, it distracts users with triviality, spreads misinformation and sows anger, all in the service of maximizing ad revenue. Running comparatively innocuous experiments (of course attitudes are contagious… was an experiment really needed?) is low on the platform’s list of sins. More appropriate targets for analysis could be a) whether a wise person should allow themselves to be distracted and manipulated by social media at all, b) whether Facebook usage, like other habit-forming vices, should be limited to users over 18 or 21, or c) whether Facebook should accept lower ad revenues in exchange for using its power to uplift rather than devolve humanity.

2: Trust the Science – Since we rely on the media to make important healthcare decisions (Should I wear a mask? Which mask? Where? Should I get a shot? Which shot? When?), outlets have an obligation to present information in a nuanced, contextualized fashion. However, as the case notes, “even the most reputable media still rely on gaining consumers through attention-grabbing headlines and engaging content,” meaning that outlets have a financial incentive to sensationalize, which too often leaves us scared, divided and confused as to whom to trust. With the power to inspire vaccine enthusiasm or hesitance, virus precautions or disregard, responsibility falls on news producers to present information in a way that empowers sober, fact-based, compassionate decision-making.

3: Boy, Bye: Or, On the Ethics of Ghosting – It would be kind for Imani to send her online connections a brief goodbye. But given that their relationships are new, superficial and 100% digital, she has no strong obligation to do so. Risk of being “ghosted” is taken for granted in the online dating culture, especially in the early stages. And so none of her aspiring love interests would likely be hurt too terribly if she simply disappeared.

4: Suffering in the Wild – Our obligation to ease the suffering of wild animals is strongest for species and populations most impacted by human activity (through habitat destruction, ecosystem disruption, poaching), and our permission to intervene in the natural order strongest to the extent changes are reversible, modest and planned. Gene editing without careful consideration of the long-term impacts would be reckless, whereas relocating animals to a more accommodating habitat could be fine. Vaccinations would be somewhere in between, and the elimination of all carnivores, through extinction or gene modification, is an interesting possibility deserving additional reflection. (If we could modify the natural order such that mice, deer and salmon died of old age rather than owl, coyote or grizzly attack, and if we could avoid or curb overpopulation, wouldn’t that be a happier world? Maybe keep carnivores that eat mice…)

5: Predictive Policing – So long as proactive crime-prevention is positive (helping the unemployed find work, the homeless find shelter, the addicted receive rehabilitation assistance) and genuinely encouraging (as opposed to demeaning or belittling), it sounds like a win-win, similar to programs that proactively reach out to patients statistically at risk of suicide. Citizens contacted by “life support officers” in a coach-like fashion (if that’s indeed their approach), should welcome the support, and the state’s interest in their success could turn around an otherwise unhappy and destructive life trajectory.

6: AppleScare – Apple’s strategy of converting known problematic images into numbers, then scanning phones for those numbers (rather than downloading, viewing or otherwise accessing users’ personal images) is a reasonable compromise between respecting user privacy and deterring child abuse. A similar strategy might be devised for anti-terrorism and other legitimate purposes.

7: 23 & Memaw – (After a little reflection, I flipped my stance on this one, so be sure to give it time to marinate.) Since everyone seems to have hated Nancy’s grandfather (who turns out wasn’t her mother’s biological father after all), Nancy should tell her mother what she discovered through genetic testing, assuming she has good reason to think it will do more to fill her mother with joy as opposed to resentment or anger. Whatever the case, the impact on her mother should be the primary driver of Nancy’s decision – given that the man died before she was born, and the fact that her mother is in poor health, Nancy’s personal curiosity shouldn’t weigh as heavily.

8: Art with an Asterisk— Imagine that [insert the worst villain you can imagine] were secretly a master sculptor, and their work discovered after their death. Surely we could marvel at the magnificence of and skill behind the art while still denouncing the person’s behavior. However, we should be sensitive to living victims, ensure that our appreciation of the art isn’t confused with appreciation for the person, and that its display doesn’t enrich the artist unless they’ve repented, been reformed and forgiven. Bottom line: art stands on its own.

9: Priorities, Priorities – Analogous scenario: two patients are in need of a liver transplant, the first due to alcoholism, the second due to a congenital condition. Since the first drank excessively knowing that this could harm their liver, if there’s only one liver to allocate, all else equal, the patient in need through no fault of their own should be prioritized (though if there’s an abundance of livers, everyone gets one). Similarly, absent mitigating circumstances and all else equal, COVID-19 patients who chose to not take reasonable precautions to prevent severe illness (who go unvaccinated, who gather with large groups indoors for frivolous reasons such as entertainment, who choose not to properly wear an effective mask) should be de-prioritized for ICU beds (though if there’s an abundance of beds, everyone gets one). Mitigating circumstances might include the patient’s age (and amount of life left to live), chances of recovery (would ICU care even help?), and responsibilities (a mother of five young children, a surgeon with rare, in-demand skills, an ethics bowl blogger – kidding!). However, to the extent a patient’s behavior was reasonable in light of their education and access to information (imagine a person lacking basic investigative skills, surrounded by anti-vax family and friends, and awash in anti-vax propaganda), they are less to blame because based on their info, inferences and social pressures, going unvaccinated and maskless may have been the reasonable, healthy choice, and therefore their prioritization would be partially redeemed. (Note the connection between this case and case 2: Trust the Science.)

10: Are You My Mother? – All else equal, while genetic parents should receive custody (or partial custody as in the second case), the birth mother (essentially the surrogate mother, lacking genetic connection) deserves substantial compensation from the clinic that caused the error, not only to amend for the heartbreak of losing a child with whom she’s no doubt bonded, but also for the extreme burden of gestating (changing the woman emotionally and physically forever), and to give all fertility clinics strong financial incentive to prevent similar errors.

11: Just The Facts – Avoiding the appearance of biased reporting is essential to serious news outlets’ credibility. Of course, some outlets don’t care – Fox intentionally positions itself as pro-conservative, MSNBC as pro-liberal, RT as a pro-Russia. But for sources claiming disinterested presentation of objective facts, there’s nothing wrong with reassigning reporters when their background or history suggests a possible bias. Analogous situation: helping organize the Los Angeles HSEB, I once had a judge rush into the hallway to tell me she knew a member of a team whom had just sat down. Solution: I swapped that judge with a judge in another room – not because the first was incapable of judging the teams fairly, but to avoid even the appearance of favoritism, to proactively defend the legitimacy of the outcome. News outlets desiring similar credibility with their readers/listeners/viewers may swap reporters for similar reasons.

12: Paralympic Pay Parity – Paralympic competitors are usually missing a limb due to circumstances beyond their control (congenital, accidental), and so since they didn’t do anything to deserve their physical state, paying them less is in some sense unfair. However, public interest in the Olympics (indicated by viewership and merchandise sales) and the higher revenue the heightened interest generates suggest a higher perceived value and make more funds available for distribution. Therefore, since the public seems to care more about and spend more on the Olympics, paying Olympians more is legit.

13: Fake Views – As deepfake tech becomes more pervasive, the global “truth crisis” will accelerate and expand, undermining trust and certainty, and destabilizing societies. To offset this impact, producers should include disclaimers when deepfake tech is used for acceptable reasons (for example, to dramatically portray a true event), and news sources should vet and only release received footage once confirmed genuine and/or include warning labels such as, “Possible Deepfake – event not yet confirmed.”

14: Familial Obligations – Amir should simply disclose his situation. Any satisfaction his mother might enjoy by believing he is financially successful is being overridden by her and the rest of his Lebanese family’s disappointment, jealousy and spite, caused by their false impression that he’s wealthy and has forgotten about them. Assuming they’ve been good to him, he does have an obligation to help his sister and mother. Why? If it weren’t for their support and love, he wouldn’t be the person he is, and therefore should repay them with care and support in turn, at least as he’s able (though his primary obligations would indeed be to his dependent child with the pressing, expensive medical need, due to the child’s vulnerability and the fact that Amir helped bring the child into existence).

15: All Eyes on You – Physical surveillance on school grounds is one thing, but students’ private lives should be shielded from intrusion. It’s belittling and demeaning enough to be monitored and overseen during the school day, treated in many cases more like an inmate to be controlled than a person to be nurtured. Giving students space to be themselves after school (and in some cases to make a few mistakes) is part of growing up, preparing them to become responsible members of free society. Schools should therefore minimize monitoring of all non-official and after-hours student activity, and clearly disclose which communications and activities are being surveilled.

Judging an International Ethics Olympiad Final… After Midnight

Organizing an ethics competition is no easy feat. There are coaches, judges and moderators to recruit, venues to book, schedules to set, questions to finalize. People need training. Trophies need ordering. Everyone needs reminding. Doing it all online is easier in some ways, but tougher in others.

July 2021 Olympiad Final Crowd

This is exactly what Matthew Wills has been pulling off on a consistent basis with Australia’s Ethics Olympiad, only he’s shouldering the additional burden of working with people in different countries, on different continents, across different time zones – sometimes radically different time zones.

Two Thursdays ago, I experienced an Olympiad firsthand as a judge. From the comfort of my home office in Tennessee, I had the pleasure of discussing dating after prison, defunding the police, and Netflix’s Tiger King with teams in Australia, Canada and Hong Kong. The participant diversity was striking, even among the Australian teams – one, an all-girls Catholic school; another, an agricultural school. All were well-prepared, the discussions highbrow, the scoresheets close – comparable to many of the best teams in the States.

While other events struggled to transition from on-site to online bowling, Ethics Olympiad has thrived. One secret to its success is that Matthew brilliantly reduced the number of judges/moderators needed for each heat from four people to one. How? By empowering a single person to simultaneously moderate and handle all judging.

I’ve been an organizer, a coach, a judge and a moderator. But I’ve never been more than one at a time, so this was intimidating. Even more concerning was the fact that the event would begin at 9 pm Tennessee time, and end just before 1 a.m. However, two accommodations that made late-night judging/moderating completely doable:

  1. An app that handled the coin flip, the timing, displayed the cases and questions – all I had to do was share my screen and click. I’m of course familiar with Ethics Bowl/Olympiad procedures. But man, the app made everything super simple – with fifteen minutes’ practice, a complete rookie could have been fine.
  2. Matthew worked with ethics professors beforehand to provide judges extra questions to explore during the Q&A portion of each match. I always prefer to engage the teams on the specifics of what they’ve argued, and didn’t need any help thinking of something to ask in rounds 1 and 2. But a backup question or two came in handy later in the evening as my other-side-of-the-globe-past-my-bedtime-brain began to fade.

These assists were welcome, but no real surprise. Matthew’s been coordinating online Ethics Bowls/Olympiads for teams in different time zones and on different continents for at least a decade – long before the pandemic forced the rest of us to go virtual. And that experience shows.

He even conceded at the opening of the event that his home internet had went down a mere hour before kickoff, and that he was joining – and running the entire show – using a cellphone hotspot. He shared afterwards how this had induced minor panic, which, as a former organizer, I can definitely appreciate. But from my seat, he was as cool as ever.

If you ever get the chance to join an Olympiad (in any capacity), definitely give it a try. Mathew even offers judge/moderators a modest stipend, something that likely improves their buy-in, preparedness and reliability. Most of us in the community would support even a poorly-run event. But it’s the little things that make an ethics competition especially enjoyable, and our friends down under are pioneering improvements I’m hoping others will give a try.

P.S. Parts of Australia recently went back on COVID lockdown, which meant several teams had to unexpectedly join individually from their homes. There was a chance that some would choose to deliberate openly – discussing how to answer the initial question, comment on and respond to commentary from the other team for all to hear, rather than in private. I thought this might be a cool experiment – to see if teams discussing their strategies and responses live, on-air, might make the atmosphere more… deliberative. (A NHSEB case committee member recently shared the worry that some Bowls are devolving into “glorified debate” – a concern I share.) Alas, in each of the rounds I moderated/judged, the teams found ways to deliberate privately, connecting via a separate live video chat during the conferral periods. But if any teams did discuss openly, or if any events have tested this separately, please shoot me an email – would love to know how it went. For the further we can distinguish ourselves from the posturing and strategizing of traditional debate, the more transformative Ethics Olympiad and Ethics Bowl can be. And the more successful we are in that regard, the stronger the benefits not only for participants, but democracy, which is why most of us are here. The atmosphere at the Olympiad was laudable for sure – Matthew does a good job setting expectations, leading by example, and recruiting the right folks.

Philosophy Summer Camp for High School Students

PSU

Host of the Oregon High School Ethics Bowl, Portland State University, is offering a Philosophy Summer Camp for high school students from August 2-13.

Made possible by their annual Day of Giving campaign, graduates will receive college credit. And since it will mostly take place over Zoom (with a philosophy-related field trip), they’re opening it up to students across the country.

According to program coordinator Professor Alex Sager, “We are offering a reduced tuition rate of $220, as well as offering generous scholarships to qualifying students… The deadline to apply is July 16th. Applicants should send me (asager@pdx.edu) the following information:

Name
Best Contact Info
High School
Grade in fall 2021
GPA
300-500 word statement on why you are interested in attending the philosophy summer camp.”

NHSEB Finals Watch Party

I’ve said for years that if ESPN is willing to air spelling bees and poker tournaments, surely there’s an audience for ethics bowl. Well, the good folks at UNC’s Parr Center have taken it upon themselves to livestream the NHSEB! So let’s put that theory to the test.

If you’re online this weekend, check out the “Spectator Portal” links here and let us know what you think. In the future, I’m envisioning Joe Rogan and maybe Andrew Yang providing live commentary. But for now, chat discussion, when available, will have to suffice. Enjoy! And here’s to hoping IEB, Ethics Olympiad and other formats offer something similar soon.

More Abortion Cases, Please

People are reluctant to discuss abortion for three main reasons: 1) our views on abortion are often entangled with our political and religious allegiances, and therefore our very identities. 2) Deep down, we know sweeping pro-this or pro-that positions are grossly oversimplified and subject to criticism. And 3) 1 combined with 2 leads to insecurity, rationalizations and hostile denialism, even among the most enlightened. Our culture pretends we have to be either generally for or against abortion – sophistication and nuance aren’t allowed. So we sheepishly align with one camp or the other, saving our influence for safer topics.

But as as ethics bowlers, we know better. We know abortion is a complicated issue with competing legitimate values, requiring careful examination and balance. We know the pro-vs-pro dilemma is a sad political artifact. We know our culture can and should do better, and that we have the power to lead it out of the current corrosive impasse.

It’s past time the ethics bowling community tackled abortion head-on. If any group can destigmatize and enrich abortion ethics discussion, it’s us. So case-writing committees, do your thing, please.

A preview of my new abortion ethics book is below. If you’re a case-writer, coach or competitor inspired to dig deeper, please let me know how I can help. Let’s bring our collective wisdom and thoughtfulness to bear on this most divisive of issues. Let’s help the world begin to treat abortion with the honesty and care it deserves.