Category Archives: deliberately adversarial institutions

Who has Nietzsche got in his bracket?

We describe in great detail the ethical norms of everything from the World Cup to the World Trade Organization, but the 19th-century German philosopher Nietzsche (as discussed in a previous post, here) invites us to consider the possibility that sheer competition is valuable in and of itself.

So what would Nietzsche think of the Tournament?  For those currently taking up residence under a rock (evidently one with internet access), the NCAA Men’s Basketball tournament is simply a big deal.  TV ratings skyrocket, Economists complain of the hundreds of millions of dollars lost in office productivity (oxymoron noted) across the country, and the Leader of the Free World takes a stab at picking the winners.  But what’s the fuss about?  The tournaments of the last two years should suffice as an example.

In both tournaments, parity has been the name of the game around college basketball – once tournament time comes around, all sixty-some-odd teams are on the same playing field.  Fans go berserk for upsets galore, but not, I think, so that more difficult teams are eliminated, paving the way for their own favorite.  I would argue that  only the true killjoys hope for all the No. 1 seeds to win their games as expected (I’m sorry, Mr. President).

What is interesting about this, however, is that one would expect that the truly epic games would be heavyweight bouts rather than these popular David-and-Goliath rehashes.  One would also expect that the tournament is held to determine who is the best team in the land.  But we all know for absolute certainty that we don’t care if the “best team” wins – in fact, in our heart of hearts, we root against it with all our might.  So what do we want?

Nietzsche discusses the Ephesians’ banishment of one of their foremost citizens, saying “Among us, no one shall be the best; but if someone is, then let him be elsewhere and among others” (Homer’s Contest, 1872).  This weekend, it’d be worth reflecting on whether we’re hoping to discern who the “best team” is.  However, I think this answer is a resounding “no”.  Six games of single-elimination wouldn’t come about that way.

What we’re really in it for is a wild ride.

When discussing adversarial ethics, we become concerned with the regrettable situation which happens in contest, whereby someone must lose.  However, what if the real pity in this weekend’s Final Four is that someone has to win?  The contest must end, and as an unfortunate byproduct, we must have a champion – not necessarily the best team, mind you, but a champion.

In the interest of full disclosure: this last year – when Duke was still very much alive in the Final Four – I was, of course, focused like a laser beam on the process of crowning a champion. But with Duke out in the Sweet 16 this year, my thoughts seem to have turned decisively to a certain 19th-century German philosopher…

The Primaries: what doesn’t kill them makes them stronger?

That special time of the election cycle is approaching us—the primaries. A time when members from the same party begin a four to six month cycle of in-fighting that makes even the nastiest of family arguments look like a walk in the park. I have always found the American Presidential Primary system to be fascinating because of the quick shift that the Democratic and Republican (and…Tea??) Parties must undergo between competition and unification. They compete heavily and often ruthlessly for the nomination amongst their own party, but then everyone in the party is expected to turn around after the convention and promote a unified stance behind whoever the nominee may be.

Essentially, what we see in American politics is that our entire political system was established to be a very deliberately adversarial institution. Americans believe that a one-party system, without debate and negotiation, can lead to corruption, or—our Founding Fathers’ biggest fear—a non-representative monarchy. But, within this system we have developed political parties, which are not deliberately adversarial institutions. Yet, every four years the parties break their norm of cooperation and, essentially, become adversarial institutions in order to attempt to elect the candidate who will win the White House.

This seems pretty unusual, right? Well, I would argue that this is actually a commonplace practice amongst many institutions that are not necessarily adversarial in and of themselves, but must compete in a larger adversarial context. Law firms are perhaps the greatest example. The American legal system is very adversarial, but law firms themselves are supposed to be cooperative bodies that are working towards the same goal. However, in order to motivate employees and attempt to rise to the top of their field, law firms often create inter-office competitions that pit employees against one another.

After: It's a different story after the primary, when party unity trumps all.

 

The American Presidential election system is often criticized, and as we begin yet another election cycle the pundits and criticism will rise anew, but maybe we should all think more about why it is designed this way and how effective competition can be first.

Race-to-the-Bottom Watch: Are We Drowning in Advertising

Advertisements are everywhere.  Cabs and busses are covered in full-size ads, billboards are placed every 50 yards along highways, YouTube now plays ads before you can watch the video you intended, TV events are created out of one-sentence announcements (e.g. Heisman Trophy presentation, American Idol final), pop-ups pervade web browsing while we simultaneously find ads for pop-up blocker applications, high school prom dances turn into ads for the usefulness of duct tape, and people are ever getting paid to get advertisements tattooed on their bodies.  A 2009 study suggests that the average American adult spends over an hour a day watching advertisements on TV alone.

But really, you’ve got to feel sorry for the advertisers, don’t you? Think about it: the more ads that are put into the public domain, the less effective each individual ad becomes.

This stems from the fact that advertisers are competing to satisfy the existing and limited demand of a consumer base, rather than creating new demand.  Think of the sheer volume of ads for food and drinks.  These companies are not assuming that without advertisements people will just not eat at all; rather, they assume that people are going to eat somewhere, and advertisements are intended to direct the consumers’ demand in their direction.

While there is a certain amount of demand created by advertisements, advertisers aren’t so naïve as to assume that they can convince you, with a single 30-second spot, to buy a brand new car out of the blue.  Rather, their primary interest is to direct, and at times exaggerate, a consumer’s existing desires.  This means that marketers are essentially competing to win the same consumer demand, and consequently, with each entrance of a new competitor, the old ones have to fight even harder to maintain its market share.

Imagine visiting a city for the first time and getting lost on your way to the hotel.  Contrast the following scenarios:

Scenario 1 –You pull over and ask someone for directions.  The person says they know where you are intending to go and gives you concise enough directions to follow.

Scenario 2 – You pull over and ask a group of people for directions.  They all say that they know where you are intending to go and each gives you concise enough directions that you believe you can execute—however; everyone in the group gives you a different set of directions that lead you to altogether distinct places!

Presumably in scenario 1, you would simply follow the directions you were given, but scenario 2 seems much more confusing.  Whose directions are you to follow?  The person who has lived in the city the longest?  The one who seemed most confident?  The one who claimed to be a taxi driver?  The one who claimed to be a doctor?  The one who was most well dressed?  In fact, the situation seems altogether so confusing that you will probably reject all of their opinions and ask a new person or try purchasing a map.

The same confusion arises when advertisers compete for your demands.  The more businesses that decide to advertise, the more the existing advertisers have to shout louder, in more places, and in smarter ways in order to get your attention.  This ultimately leads to more and more of our dollars and minutes being spent on advertisements every year. We are, in short, in a commercial race to the bottom wherein the more effort that is expended leads to not only fewer gains but higher costs for both businesses and consumers. 

Race-to-the-Bottom Watch: Fishing for Trouble

What’s the most deadly occupation in America? According to the U.S. Bureau of Labor Statistics, it’s fishing. Commercial fishing, to be precise. Why is fishing so dangerous? Fisherman can be trapped in a perfect storm of collective-action problems and, well, actual storms.

The harsh competition in this already dangerous industry is leading workers to labor in ever-worse sea conditions in order for businesses to stay afloat (so to speak). The best fishing grounds are often found in the most treacherous seas, and the clock ticks down quickly in some fisheries (say, the crab fishery off the coast of Alaska) where the seasons last only a few weeks. When one vessel decides to go out in stormy weather in order to get a competitive edge, crews of other vessels are faced with the dilemma of either falling behind the competition or following suit in braving the potentially life-threatening conditions.

This dilemma is only exacerbated by the depleted state of many of the world’s most important fisheries.  In an effort to stem the “tragedy of the commons” of overfishing, authorities have commonly resorted to setting an overall limit of fish that can be caught in a given fishery for a given season.  The approach of giving an aggregated limit breeds intense competition because each fish caught by one fisherman entails one fewer available to all the others.  This creates what has become known as a “race to fish” wherein fishermen are willing to do almost anything in order to nab a greater share of the overall quota before it runs out, including foregoing safety precautions.

So this race to fish is really a race to the bottom. One crew deciding to risk the elements in order to gain a competitive advantage starts the race. But once the other vessels join the competition by going out in perilous weather conditions, the competitive edge that motivated the first mover vanishes, while the risk of death for all of the fishers increases.  Thus, in the race to fish we can see how individuals attempting to act in their own interest, while responding to the actions of others attempting to do the same, can all end up worse off.

Is there any way out of this race to the bottom? Some authorities have replaced the overall quota with individual allocations to prevent such fierce competition.  Critics protest, however, that this solution does not live up to the free-market principles of American capitalism.  However, it is evident that the case of a totally free market for fishing (in which fishers and their customers do not pay the cost of replenishing the fish stock) is likely to lead to overfishing and ultimately the end of any kind of market for fishing. What if the rights of individual allocations were auctioned off in advance?

 

 

The Hesitant Hand: what Adam Smith did and didn’t say about government regulation, corporate lobbying, and CSR

Ethics for Adversaries has been on spring break, but should be roaring back to life in the coming days.

Here’s a newish book I’ve just ordered on the history of Adam Smith’s Great Idea — the one that still frames so much of our thinking about the ethics of deliberately adversarial institutions. (Steven G. Medema, The Hesitant Hand: Taming Self-Interest in the History of Economic Ideas.)

I just hope the book is better than the first line of Princeton University Press’s blurb, which seems at best skewed and revisionist, and at worst just false:

“Adam Smith turned economic theory on its head in 1776 when he declared that the pursuit of self-interest mediated by the market itself–not by government–led, via an invisible hand, to the greatest possible welfare for society as a whole.”

It is well-known that the famous phrase “an invisible hand” (not even “the invisible hand,” which is what we tend to say now) was used only once in the massive two-volume Wealth of Nations. It comes in a chapter railing against Restraints on the Importation of Goods. Much of the chapter concerns what we would now call the law of comparative advantage — that is, about why it is to each country’s advantage to produce what it can produce most efficiently, and to trade abroad for what can be produced more efficiently in other countries. Throughout the chapter and the book Smith points out the myriad ways restrictions on international trade create inefficiencies. And also how these restrictions inevitably come from business people lobbying gullible or corrupt politicians in order to secure domestic monopolies.

But not only is it inefficient to restrict imports of goods produced more efficiently abroad, it is usually unnecessary. Business people prefer to keep an eye on their investments and to be able to trust the people they deal with, so they will naturally, even other things not equal, invest domestically. As Smith says in the famous “invisible hand” paragraph,

“As every individual, therefore, endeavours as much as he can both to employ his capital in the support of domestic industry, and so to direct that industry that its produce may be of the greatest value; every individual necessarily labours to render the annual revenue of the society as great as he can. He generally, indeed, neither intends to promote the public interest, nor knows how much he is promoting it… he intends only his own gain, and he is in this, and in many other cases, led by an invisible hand to promote an end which was not part of his intention.”

He is talking about a particular case, and criticizing a particular type of government regulation, namely, what we would now call protectionism. He notes that this basic logic of the market replicates itself “in many other cases.” He does not say “in all other cases.” We know, for example, that the invisible hand will get all messed up in situations that involve collective action problems like the Prisoner’s Dilemma. Adam Smith would have had no reason to object to that (and I suspect that a real Smith scholar could point you to his discussions of PD-like situations). And he wouldn’t think that the general welfare would necessarily be increased by trade involving deceit, the exploitation of what we now call information asymmetries, or negative externalities.

It is also noteworthy, given the wording of the Princeton University Press blurb, that he does not say that self-interest via the invisible hand leads to “the greatest possible welfare of society as a whole.” In the “invisible hand” paragraph he is talking about “the annual revenue of every society [which] is always precisely equal to the exchangeable value of the whole annual produce of its industry.” That is, something like GDP. It is obviously an open question whether GDP tracks the “welfare of society.” Even the British Conservative Party doubts that assumption these days!

Once again, I’m no Adam Smith expert, but I have actually read great swaths of the Wealth of Nations, which is more than most latter-day “disciples” of Smith can claim. It is somewhat odd that the enduring lesson from that monumental work is the panglossian one that markets, left to their own devices, always lead to the best of all possible worlds (since that is not what Smith ever says), rather than Smith’s repeated warnings that we should always be suspicious of corporate lobbying and corporate conspiracies.

The conspiracy part we do remember from the famous quote about how we should worry whenever members of the same trade meet, “even for merriment and diversion” since they will inevitably try to fix prices. That is why even conservatives support anti-trust regulation; even if they also tend to think it is unfair in almost any particular case. But just as relevant today would be Smith’s utter contempt for business people lobbying and corrupting hapless politicians in order to enact particular regulations that serve their interest more than the public’s. Smith was concerned with trade restrictions that create unnatural monopolies, but he would be just as worried today about lobbying to allow for the exploitation of other market failures in a modern economy. And he would have been horrified when the right-wing — supposedly pro-market — justices on the Supreme Court used the Citizens United case to make it easier for corporations to pursue their interests by manipulating election processes.

And while this new book is drawing our attention to the famous “invisible hand” paragraph, it is worth noting that Smith was no fan of Corporate Social Responsibility, or CSR, either. He continues the paragraph quoted above by noting:

“By pursuing his own interest he frequently promotes that of the society more effectually than when he really intends to promote it. I have never known much good done by those who affected to trade for the public good. It is an affectation, indeed, not very common among merchants, and very few words need be employed in dissuading them from it.”

Is bluffing just business, or is it bad business?

Consent and fair play can both provide reasonable justifications for the deceptive behavior in some contexts. If you agree to play poker with me, you can’t complain if I bluff — though you certainly could complain if you caught me playing with a marked deck. But these reasons do not necessarily work in the case of all adversarial institutions.

To an extent, part of what adversaries do is deceive and coerce people in order to win the game that they are a part of. This deception amongst adversaries is part of the game, not accidental. The minute difference between a foul and an intentional foul in the sport of boxing is just one example. In order to win, some boxers try to disguise intentional fouls as mere accidents. In his book Ethics for Adversaries, Applbaum argues that those within adversarial institutions have a better chance of getting away with actions that might not be as acceptable in other situations.

“One cannot coherently claim that one aims at the good ends of a competitive system if one seeks to undermine features of the system that make it good. Perhaps the claims that adversaries make about their aims and the actions that they take cannot be made to cohere. Or perhaps the good ends of the system are for its practitioners a sort of idle hope that is unconnected to what their actions aim at. But there is no plausible way to redescribe the violation that adversaries aim at as accidental, a foreseen but unintended side effect. If, to pass a test of reasonable acceptance, actions cannot aim at violation, then much of the violation that results from adversary institutions does not pass the test” – Applbaum, p. 187

When one plays to win, it can often involve actions that undermine the aims of the game. If adversaries are aiming at good ends, then the violations they inflict upon one another can be reasonably justified. As the final sentence of the quote implies, however, not all violations of normal moral codes (like honesty) in adversarial institutions are accidental.

In short, for Applbaum, the good ends of deliberately adversarial institutions will not always justify the means if the means are deliberately unethical.

 

Bipartisan or Bust?

It seems that nearly every time President Obama or Speaker of the House John Bohener makes a speech the magic B word is somewhere in it—bipartisanship. Just yesterday when the Senate passed a stopgap measure to avoid a government shutdown, Obama said, “I’m pleased that Democrats and Republicans in Congress came together and passed a plan.” Throughout his campaign, Obama also crafted an image of bipartisanship. I can’t help but ask the question, do Democrats and Republicans truly want to work together like they claim? If they do, then there actions (like voting to repeal “Obamacare” by the Republicans or walking out of the Wisconsin state legislature by the Democrats) don’t seem to match their words. And if they don’t actually want to be bipartisan, then why do they insist on spending so much time on it?

The American political party system is an example of an adversarial institution. What makes this institution so interesting is that nothing in our Constitution creates a party system, in fact our founding fathers warned against the influence of parties. Now, however, we have a highly regulated system with complex rules and the party system is one of the foremost features of American democracy. There is a common notion, however, that the party system is somehow detrimental to our democracy and that being an “independent” is a matter of pride.

Nancy Rosenblum, a Harvard professor of government, writes in her book On the Side of the Angels: An Appreciation of Parties and Partisanship, that there is a notion in America that anti-partisanship is an ideal to strive for. In an interview with the Dartmouth student newspaper, she said that “Anti-partisanship is as old as politics and as old as the dinosaurs.”

Rosenblum, however maintains that partisanship is exactly one of democracies strongest positive features, and without it the system of American democracy that exists today would look totally different—and worse. “We don’t need independence or post-partisanship, but better partisanship.”

So, maybe instead of always throwing out empty words about bipartisanship and “above the Beltway” rhetoric, our political leaders could do well to reexamine their own party politics.

Sh-Boom, maybe life isn’t a game

We can’t understand what might be special about the regulation of, and ethics within, adversarial institutions unless we can get a clear idea of what analogous non-adversarial versions of those institutions might be like. It helps to be able to contrast a sport like gymnastics with an art form like modern dance; or to compare inquisitorial legal systems with those that structure a competition between the prosecution and the defense; to think about the relative merits of benevolent dictators and democratically elected leaders (and to think hard about which category we would want to stick Mike Bloomberg in).

In the previous post, we see the economist Milton Friedman almost instinctively assuming that life in general is but a game or sport. But lest we forget, this is not the way most poets have thought about life. The 1954 doo-wop classic, “Sh-boom,” comes to mind. You can find all you need to know about the song here.

There doesn’t appear to be anything especially adversarial about the Crew Cuts’ vision of life as a dream.

Oh, life could be a dream (sh-boom)

If I could take you up in paradise up above (sh-boom)

If you would tell me I’m the only one that you love

Life could be a dream, sweetheart

I mean, the singer doesn’t even seem to be concerned about the possibility of a rival with whom the sweetheart might possibly find an even dreamier life. Of course, it is all rather hypothetical. Life could be a dream. Maybe that’s because he currently experiences it as game (like the similarly crew-cut Milton Friedman) or… a battlefield.

 

For Milton Friedman, life is but a game, sweetheart

(Note: This is the inaugural post by “tiaramer.”)

One big open question for those thinking about ethics in deliberately adversarial institutions concerns how literally or directly we can transplant the vocabulary of sports to other domains. Are markets, for example, just games, or just like games, or only metaphorically and very imperfectly like games?

For Nobel-prize-winning economist Milton Friedman, this question doesn’t seem very open at all. He seems to take it as obvious that not only markets, but life in society in general, is very similar in structure to a game.

The day-to-day activities are like the actions of the participants in a game when they are playing it; the framework, like the rules of the game they play. And just as a good game requires acceptance by the players both of the rules and of the umpire to interpret and enforce them, so a good society requires that its members agree on general conditions that will govern relations among them, on some means of arbitrating different interpretations of these conditions, and on some device for enforcing compliance with the generally accepted rules. As in games, so also in society, most of the general conditions are the unintended outcome of custom, accepted unthinkingly. At most, we consider explicitly only minor modifications in them, though the cumulative effect of a series of minor modifications may be a drastic alteration in the character of the game or of the society. In both games and society also, no set of rules can prevail unless most participants most of the time conform to them without external sanctions; unless that is, there is a broad underlying social census. But we cannot rely on custom or on census alone to interpret and enforce the rules; we need an umpire. These then are the basic roles of government in a free society: to provide a means whereby we can modify the rules, to mediate differences among us on the meaning of the rules,  and to enforce compliance with the rules on the part of those few who would otherwise not play the game.” (Milton Friedman, Capitalism and Freedom, 1962, p. 25; emphasis added)

So for Friedman we willingly, and usually unthinkingly, accept many of these “rules of the game” although we may not know their origins. And if we don’t, there is always an “umpire” there to enforce them anyway!

But his thorough-going acceptance of the direct parallel between good games and good societies raises more questions than it answers. Even if markets can be quite game-like, what does it mean for life in general to be compared to a game? Are we talking about the same kind of “goodness” when we think about a “good game” and a “good society”? Does a “good” society really require acceptance of rules by all of the citizens?

And what if you don’t want to “play” any more? Is it even possible to pick up your bat and ball and go home?

 

Politicians and Professors

Some professors go into politics. Some politicians later become professors. But is there any reason to think the rules of the two “games” should be the same?

See this article by David D. Perlmutter, in the Chronicle of Higher Education: Why Politicians Should Be More Like Professors. Perlmutter points out that President Barack Obama has sometimes been accused of being “too professorial.” But just what, asks (Professor!) Perlmutter, is wrong with that? He suggests several ways in which it might actually be good if politicians adopted a more professorial demeanor. His final suggestion is that politicians need to be more like professors in their willingness to work together to solve shared problems. “More than in any other trade, professors will sit down, work together with people with whom they hold deep ideological differences, and get the job done.” As for politicians: “It’s fine to be partisan about ideas,” he says, “but governing must be collaborative.”

By way of prescient rebuttal, see this piece by our friend (and sometime professor) Andrew Potter, writing in the Ottawa Citizen: Gangster Politics.

In a philosophical debate, what everyone involved is trying to get at is the truth. As a result, each party has a vested interest in the discussion remaining as rational and free of bias as possible. Even better, the truth is what economists call a “non-rival good” – many people can partake in the truth at the same time without anyone’s share being diminished.

In contrast, what is at stake in the political realm is not truth but power, and power (unlike truth) is a “rival good” – one person or group can wield power only at the expense of another.

Unfortunately, the very essence of politics makes partisanship inevitable….

In general, if you’re going to propose new norms for a game, it’s good to have a clear understanding of what is really at stake in that particular game, first.

Even if it’s broke, don’t fix it

Should women lacrosse players be required to wear helmets? Should people be allowed to text and drive?

We learn a lot about the dynamics of regulation in deliberately adversarial institutions by looking at the social-science laboratories known as sports. The guardians of heavily regulated competitions in sports and life are presented with an irresistible solution whenever systematic “issues” arise within their contests: tweak the rules.

The guardians of a sport or, say, an industry, get to “play god” with it. But as any fan of science fiction knows all-too-well, those playing god, or accused of playing god, tend to lack god’s omniscience. They have a hard time foreseeing the dynamic consequences of their rule-tweaking. This is especially true when putative solutions involve simple technological fixes. Game-players excel by using strategic rationality, so rule-changes will change behavior, but not always in the direction the regulators intend.

Across the sporting world, the past year has been the Year of the Concussion. The Onion recently satirized the trend with its article on “Puppy Bowl Marred by Tragic Spinal Injury.”

The injury, which occurred only minutes before the Kitty Halftime Show, followed a routine midfield burst of play. Slow-motion footage from the sideline and water-dish cameras show Alvin romping flat out down the sidelines before taking a risky crossing route to come at the football from an angle, at which point two larger puppies, Amy, a golden retriever, and Big Red, a 13-week-old shepherd mix, laid a massive hit on Alvin, who responded with a shrill yelp that was suddenly and ominously cut off.

Dark stuff.

But if competitors can use strategic rationality, so can regulators. A fascinating case study is going on right now in NCAA women’s lacrosse. Unlike their male counterparts (who play a vicious, gladiatorial game), the women play with speed, finesse, and without helmets. And sure enough, they get concussions. A lot of concussions.

Simple solution: make them wear helmets. Or not. As the New York Times reports in a provocative article entitled A Case Against Helmets in Lacrosse, many inside the sport believe that introducing helmets would simply lead to more violent or reckless play — and thus to more head injuries, not fewer.

“It’s hard to absolutely prove, but what we’ve seen is that behavior can change when athletes feel more protected, especially when it comes to the head and helmets,” said Dr. Margot Putukian, Princeton’s director of athletic medicine services and chairwoman of the U.S. Lacrosse safety committee. “They tend to put their bodies and heads in danger that they wouldn’t without the protection. And they aren’t as protected as they might think.”

Of course, this does not show that every regulatory impulse is misguided. Automobile makers resisted installing seat belts for years, and did not work on designing more effective seat belts until relatively late in the game. Eventually, they were forced by regulators in the 1960s and 70s to make seat belts mandatory. But even then many dissenters continued to argue that belts would cause more harm than good: that it would be better to be “thrown clear” of the crash, than trapped inside it. (Yes, thrown clear at, say, 60 mph…into on-coming traffic.) Studies would eventually prove the effectiveness of good seat belts, and by the 1980s their use was becoming mandatory in most jurisdictions. It is doubtful that seat belts led to drivers becoming more reckless because they now felt safer and less prone to injury — though that has surely happened in hockey and American football.

Still, consequences of regulating are often unforeseen and perverse. Not least when the “players” do not observe the spirit of the new rules. There is clear evidence that texting while driving is extremely dangerous. More dangerous than illegal levels of alcohol in the driver’s blood. So many jurisdictions have banned texting while driving. Sensible? Sure. Has it reduced accidents? No: in an effort to escape detection, people are now texting in their laps rather than up over the wheel (where they can hope to see traffic in their peripheral vision), and texting-related accidents are on the rise.

“Tim Duncan Urges All-Stars To Use Inside Voice During Game”

The headline above was from The Onion last week. Like most articles in the satirical newspaper and website that calls itself “America’s Finest News Source,” the headline contains as much punch as the article that follows.

If you found it mildly funny (as, presumably, the 300 or so people who tweeted it directly from the site did), why? What is the underlying “truth” that the joke is riffing off?

Could it be that it’s playing on our instinctive, but usually inarticulate, understanding of the difference between ethics in “everyday” contexts, on the one hand, and ethics in “competitive” contexts, on the other?

In everyday contexts we teach children how to use “indoor voices” so they will not bother or annoy other people they are sharing space with. Like much of everyday ethics, it is designed to facilitate cooperation and solve collective-action problems (or in this case, collectively-sharing-space problems). You show respect for others, and make things go better for them, by piping down in their proximity.

But the last thing we want in a sports arena is for everyone to be using their indoor voices and sitting on their hands. Indeed, as discussed by student bloggers on this very blog recently (here and here), rowdy home-side spectators are part of the attraction and entertainment-value of sports for everyone. Even when that crowd noise is deliberately trying to help your team, and distract or demoralize the visitors, we all think that is perfectly acceptable from an ethical point of view. (Which is not to deny that there are limits to what kind of fan behavior is acceptable, as the previous posts emphasized.)

The great thing about satire is that it captures all of that in a headline or a caption. It takes a philosopher to spend 300 words sucking all the fun out of it.

The inevitable gap between what’s legal and what’s ethical

Every writer I’ve ever read on ethics in adversarial settings takes explicit note of the obvious: that is it neither possible, nor desirable, in a deliberately adversarial institution to regulate away all unethical behavior.

As Arthur Applbaum puts it in the book that shares the name of this blog, if “the best of regulatory worlds is understood as a set of rules and levels of detection and enforcement that best balances the gains of eliminating the costs and harms and liberty restrictions of the regulations themselves, then the best set of regulations will legally permit a great deal of adversary action that is economically inefficient, harmful, and liberty-restricting.” (p. 196)

So we cannot expect that “the invisible hand of competition, even in a well-regulated market, will channel all adversary action to good ends.”

In this inevitable gap between what’s legal and what’s ethical we can pack a significant percentage of the best comics about business. Like this one from a couple of days ago.

(This comic is reposted without permission and will be removed upon request.)

 

Do we really care if political leaders lie to us?

This afternoon I attended a terrific seminar at the Kenan Institute for Ethics led by Amber Diaz, a PhD student in political science at Duke. Amber was presenting some preliminary results from a large survey she has conducted on Americans’ reactions to learning that their political leaders sometimes mislead them. According to the Kenan Institute’s web site, her dissertation is tentatively entitled: “Bumbling, Bluffing, and Bald-Faced Lies: Mis-Leading and Domestic Audience Costs in International Relations.”

It shouldn’t surprise readers of this blog that during the discussion of many different kinds and contexts of deception in politics, it seems to make a difference whether we interpret the deceptive politician as being engaged in an essentially competitive or a non-competitive activity.

In competitive “games” — especially those involving strategic rationality, where one party is taking into account how the other is trying to outwit her — we routinely leave room for “ethical deception,” or at least ethically excusable deception. Poker players can bluff, quarterbacks can pump-fake, pitchers can throw change-ups, negotiators can deliver a phony ultimatum, detectives interrogating suspects can trick them into believing they already have DNA evidence proving their guilt; and so on.

What about political leaders? Do we demand that they always tell us the truth, the whole truth, and nothing but the truth? We might be inclined to answer, “Yes, of course!” And when we say this it is because we are thinking about them as our public servants, with a fiduciary duty to look after our interests rather than their own. One of these interests is in knowing the truth, and not being manipulated or disrespected. We hate the idea that a political leader would lie to us because he knows full well we would not go along with his scheme. We hate it even more if he lies to us in pursuit of some personal or partisan interest.

Amber Diaz’s research aims to see just how righteously indignant we really are when we realize we’ve been duped. Is this something that we make politicians pay a price for? (Amber is more than welcome to post on this blog if she wants to tell us more about the answers her research and number-crunching are turning up!)

But the fact is, we are not always upset about politicians being deceptive, and not just in cases where we might want to say “I know he’s a sonuvabitch, but he’s our sonuvabitch!” Sometimes we recognize that politicians are engaged in deliberately adversarial contests; and we respect them for being wily in some of these situations.

This is most obviously the case in the conduct of foreign affairs (a realm Amber is looking at, in fact). Here we see our leaders as engaged, at least partly, in an adversarial contest against our national rivals or enemies. We expect them to deceive these rivals sometimes (e.g., to send spies and special ops into other countries), and this may well require that they deceive us too. Similarly, we might expect political leaders involved in sensitive international negotiations (e.g. for trade, or arms-reduction, treaties) to bluff and make hollow threats.

But we may even excuse deception within domestic politics precisely because we take seriously the constitutionally adversarial nature of democracy. Political leaders are not merely public servants with paternalistic duties to look after our interests. We have deliberately locked them into adversarial contests with rival politicians, and with rival sources of power in our society. We might want to tie one hand behind their backs in these contests. But if we understand the nature of our adversarial system, we cannot tie both hands. For this reason, as my colleague Kieran Healy pointed out in today’s seminar, we often gain a grudging respect for “successful” politicians who know how to win at the game we place them in — even when they are not “our sonuvabitch.”

In any case, if we are a bit confused or inconsistent in our evaluations or, or reactions to, political leaders lying — and this is what Amber’s preliminary data seem to be showing — it is at least in part because we are confused and inconsistent about how partisan or non-partisan we expect the game of politics to be.

Adversarial Ethics and the Sports Fan: How Crazy is too Crazie?

We can all agree that athlete’ s behavior falls under the purview of a deliberately adversarial code of ethics. In a basketball game, a player who fouls another as she’s shooting isn’ t considered immoral, rather she is violating a rule of the game. Further, we hold athletes and coaches to a code of “sportsmanship” that extends both on and off the court. They shouldn’t cheat even when they can get away with it; they shouldn’ tfake injuries to draw a foul or penalty on the other team, and they shouldn’t ingestperformance-enhancing drugs while training.

But, what about the fans? Is a team cheating if its fans behave in ways that give the team a strong home-court advantage? Very few of us will ever rise to the level of collegiate or professional athletes, but that doesn’ t stop millions of people from being heavily invested in the outcome of sporting events. Fans are often the worst perpetrators of both pre and post-game “ trash talk” and have been known to direct demeaning and even vulgar chants at opponents. Does adversarial ethics engage with this type of fan behavior? Or is does this kind of behavior simply fall under codes for what it is to be a decent person in general?

Consider the “Cameron Crazies”, Duke University’s die-hard, bleeding-bluemen’s basketball fan base. ESPN writes that the “Crazies have earned a reputation as the rowdiest, wittiest, best-organized college basketball fans in the land.” Known for camping out for the notorious Duke-UNC game in Kryzewskiville for up to two months,the Crazies are notorious for their rambunctious behavior in games.

A few years ago,ESPN’s “Page 2” series wrote an article on “Cameron’ s Craziest” moments. Some of the more controversial moments included:

  • After disagreeing with referee Dick Paparo’s call the Crazies chanted: “You suck, Dick!” (The comma wasn’t as evident in the verbal chorus.) It’s worth nothing, however, that Coach K was not a fan of this chant and demanded the Crazies, “ keep it classy.”
  • When a Maryland player was rumored to have sexually assaulted another student, the Crazies mockingly chanted: “HEY, HERM, DID YOU SEND HER FLOWERS?”
  • Although not listed in the ESPN article, I myself, as an admitted Cameron Crazy, have witnessed a few borderline offensive cheers. While playing an opponent where one of the team members was accused of sexual assault this year, some in the crowd chanted “NO MEANS NO!”

Often, chants are aimed to intimidate or  psych out”opponents, taking aim at their personal lives. Some chants even include profanity, although recently Coach K has encouraged Crazies to “be more creative” than that in his pre-game talks. So the question is, where do we “draw the line” between appropriate cheering and offensive, even unethical, fan tactics?

Certainly there are clear examples: when the Crazies cheer enthusiastically after a dunk or 3-pointer for instance, or when fans shout “Defense!” Such cheers that are simply in support of the fan’s team seem clearly within the appropriate range of fan tactics. Things become murky, however, when fans like the Crazies draw in personal attacks on players. It’s worth noting, as well, that these are not professional athletes, but rather 18-22 year old “student athletes.”

Is it right to mock these players for their personal lives, is it right to make light of subjects as sensitive as sexual assault in a sports atmosphere? And perhaps most importantly from the perspective of adversarial ethics, is it fair for the Blue Devils to gain an advantage on the court because of some of these dubious fantactics?

I certainly don’t have the answer to these questions, and I must admit that while in the mob mentality of the Cameron Crazies the answers clearly seem to be YES! Although I believe that much of our thinking about the adversarial ethics should extend to fans, I believe there is a strong case, particularly in college sports, for drawing a distinction between fun, competitive cheering and derogatory or mocking jaunts aimed directly at the personal lives of opponents.

[For a follow-up post, taking the historic Duke-UNC game of 9 Februrary 2011 into account, click here.]

Should we be Worried When Competitive Arenas Compete with Each Other?

[Ed. Note: This is the debut post by founding member, Dominic Martin.]

The Deutsche Boerse announced this week that it was in advanced talks to buy NYSE Euronext in a deal that would create the world’s largest stock market.

And by complete coincidence, on the very same day, the London Stock Exchange Group (LSE) had also announced that it would merge with the TMX Group Inc. (who owns the Toronto Stock Exchange). Both of these mergers (Frankfurt-New York and London-Toronto) are presented as a necessary measure to compete with other stock markets at the international level.

So here is a big question. If competition is justified within properly regulated and self-contained competitive arenas, should it also be justified, at a “meta-level,” between these arenas themselves?

My intuitive answer is … yes.

Because competition already goes on at many different levels: corporations compete against each other (obviously), but also, in other ways, with their suppliers and their customers; consumers compete with each other over products that are scarce (houses, for instance, or art), and even national markets compete with each other to attract investors, increases their exports, and so on. What is a tax haven, if not a competitive national economy that plays “dirty” at that game? (Or so say highly taxed and less internationally competitive economies, like Canada or France.) Competition among stock markets also contributes to the dynamic that makes rivalry desirable in the first place.

However, a few things have to be kept in mind regarding the London-Toronto stock exchange merger:

  • What Canadians will gain, in terms of stocks volume, they will lose in terms of control over their own national stock market.

Even if LSE CEO Xavier Rolet is seeking to reassure Torontonian financiers, and even if the Canadian authorities will require some guarantees that TMX won’t lose all its sovereignty in the merger, the fact remains that the bigger player is the LSE. It will hold 55% of the share of the new corporation. It will occupy eight seats at the Board of directors, compared to seven seats for TMX. What will happen when UK’s financial interests conflict with Canada’s? To ask the question is to answer it.

In 2008 TMX acquired the Montreal Stock Exchange. Let’s just say that Montreallers’ interests would now be even further down the food chain.

  • If you are out in the market of stock markets, ready to merge with another player, why not go after the biggest one?

The TMX-LSE merger will create the biggest stock market in the world in terms of subscribers, but only the second in terms of market capitalization. The first one being the New York Stock Exchange (now I let you do the math if NYSE Euronext is acquired by the Deutsche Boerse). So why didn’t the TMX try to merge with that group? Shouldn’t Canadian’s benefit ever more from that transaction?

The fact that the stock markets owned by TMX and LSE specialized in similar product might be an acceptable rationale, however. Once taken together, the London and Toronto stock exchanges will become the biggest market for merchandise, natural resources, energy, and small- and medium-sized businesses in the world.

  • Did they really have a choice? And if not, what does the TMX Group should be accountable for?

Technological development (that allows decentralization of transactions) and the integration of world-wide economies (that increase the size of markets and corporations) have pushed many stock exchange to merge since 2000. Some like to say that these mergers are unavoidable (see Professor Louis Gagnon’s comments in the Globe and Mail for instance). If it is the case, does it wave all obligations for the corporations that own these stock markets? Ought they to promote their respective national interests?

 

“As if the heavens and the earth have been turned upside down”

To figure out what is different about regulation and ethics for deliberately adversarial institutions, we obviously need clear examples of (relatively) non-adversarial institutions.

If sports are the touchstone examples of deliberately adversarial institutions, then various physically challenging art forms (like modern dance, ballet, acrobatics, cheerleading, “pro” wrestling, a Bruce Springsteen concert…), ritualistic displays (including dances, running in front of bulls in Pamplona, standing on one leg for hours or days in India…), and forms of exercise (yoga, aerobics, sweatin’ to the oldies…) are the closest non-adversarial cousins.

The appeal of sports is that they put on display most of the physically beautiful or breathtaking features of those non-adversarial practices, but they add to it several elements derived from the competitive challenge: the incentive to innovate and improve, the uncertainty, the partisan affiliation of the spectator, the tactics and strategic rationality, defense, the thrill of victory and the agony of defeat. (And this is why we see so many attempts — some of them successful, alas — to move physical activities from the latter categories into the “sport” category, by using judges to decide whose yoga poses, dance routines, bodybuilding, skateboarding tricks, etc, deserve to “win.”)

And then there’s sumo wrestling.

Is it a sport or a ritual? Well it’s both, obviously. The Japanese public is said to consider “sumo — which traces its origins to rituals of Japan’s indigenous religion of Shinto — [to be] a venerable tradition. Wrestlers, their hair in samurai-style topknots, have been seen not just as athletes, but as upholders of a stoic work ethic and noble public behavior.” So how important is the “sport” part of this practice? Opinions are divided. But a recent match-fixing scandal suggests that the competitive element may be essential to maintain interest. (Police have found text-message evidence of two wrestlers orchestrating and fixing a match, as an article in the New York Times recounts. ‘“Please hit hard at the face-off, then go with the flow,” one of the wrestlers, Kiyoseumi, texted on the afternoon of May 10…’)

Some fans, it seems are not terribly worried about the draining away of the competitive element of sumo, as long as the illusion of competition remains. “It’s been going on from the old days,” Shintaro Ishihara, 78, Tokyo’s governor, told reporters Friday. “We should just let them trick us into enjoying it,” he said, adding, “It’s just like Kabuki theater.”

But other fans, especially younger ones, are voting with their feet (or their remote controls or smart phones) — deserting sumo in favor of baseball and soccer. There are surely plenty of reasons for sumo’s declining popularity in contemporary Japan. But the contempt of true fans in the face of cheating scandals is most telling — though we cannot be sure what it exactly it tells us. Is it that the ritual is just not interesting enough on its own unless we can believe that both adversaries really are doing everything possible to win? Or is it that by cheating, these guardians of ancient samurai traditions in the post-modern world are betraying the values of the “ritual” element of the sport?

The Japanese Prime Minister, Naoto Kan considers the scandals to be “a very serious betrayal of the people.” And the Chairman of the Japan Sumo Association, Hanaregoma, sighs that “It is as if the heavens and the earth have been turned upside down.”

Baseball in America is mostly sport, but also part national ritual. Still, the steroid scandal of recent years never prompted quite this reaction. So I suspect sumo is more ritual than sport — but that the deliberately adversarial nature of the ritual is an absolutely essential element.

Should Coroners Be Elected?

A lot of major social and political institutions these days are what we are calling “deliberately adversarial.” In fact, so many are — to varying degrees — that we have to search harder for good examples of “deliberately non-adversarial institutions.”

Take the criminal justice system. Some parts of it are fairly adversarial, most notably the highly regulated competition between prosecutors and defense attorneys. And some parts of it are relatively non-adversarial: for example, as the narrator at the beginning of Law & Order always put it, “the police who investigate crime.” A police force is largely bureaucratic service agency. Policies and orders are conveyed hierarchically. Employees are trained and hired to carry about the basic tasks, like investigating crimes and handing out parking tickets. We could imagine a deliberately adversarial alternative to this way of “keeping the peace.” There could be private firms that individuals and firms contract for security, to investigate crimes, to make arrests, and so on. (These services obviously exist in the market now to supplement the work of the police.) But in all civilized societies, we now rely heavily on bureaucratic police forces, not vigilantes and hired goons.

Another part of the criminal justice system involves coroners and medical examiners. And that is also, surely, a non-adversarial system where highly trained medical experts are hired to determine the causes of all deaths (in order to decide if the death was possibly caused by a criminal activity that needs to be investigated).

That’s how it always is on TV. But not, it transpires, in all parts of the US:

In a joint reporting effort, ProPublica, PBS Frontline and NPR spent a year looking at the nation’s 2,300 coroner and medical examiner offices and found a deeply dysfunctional system that quite literally buries its mistakes.

Blunders by doctors in America’s morgues have put innocent people in prison cells, allowed the guilty to go free, and left some cases so muddled that prosecutors could do nothing…

More than 1 in 5 physicians working in the country’s busiest morgues—including the chief medical examiner of Washington, D.C.—are not board certified in forensic pathology, the branch of medicine focused on the mechanics of death, our investigation found. Experts say such certification ensures that doctors have at least a basic understanding of the science, and it should be required for practitioners employed by coroner and medical examiner offices….

And here’s the kicker:

In many places, the person tasked with making the official ruling on how people die isn’t a doctor at all. In nearly 1,600 counties across the country, elected or appointed coroners who may have no qualifications beyond a high-school degree have the final say on whether fatalities are homicides, suicides, accidents or the result of natural or undetermined causes.

The NPR report on the radio included interviews with two rival candidates for the office of coroner in Colorado (I believe). One has held the job for a while and is a medical doctor. He has run as a Democrat, and just barely won the last election against a Republican tide where many voters vote for the entire ticket (i.e. vote for every Republican running for every office on the ballot). His rival for the office is a businessman, not a doctor, and his platform was based on a complaint that the “sitting” coroner was wasting too much money by performing too many autopsies.

In many cases, it is a relatively easy call whether an institution should involve a deliberately adversarial element — like an election or the use of a market — and in these cases are main issues are about how the competition should be regulated and how the individuals occupying special roles should negotiate various ethical dilemmas.

But in the case of coroner or medical examiner, surely there is a good case for saying that the selection procedure should be non-partisan and based on expertise. No? Especially in the relatively unusual (by international standards) American case where police chiefs, district attorneys, and judges are elected and usually affiliated with political parties. In the case of suspicious deaths (say, someone who dies in police custody) we wouldn’t want to also be suspicious of whether the coroner was protecting these political allies… would we?

Before there was EthicsForAdversaries.com there was Ethics for Adversaries, the book

This blog shares its name with what we believe was the first academic book to deal with the dilemmas of ethics across a broad range of what we are calling “deliberately adversarial institutions.” Arthur Isak Applbaum’s book came out in 1999, and continues to be widely read and cited in the scholarly community. But it cannot be said to have spawned a new subfield. Yet.

There have been philosophical worries about the perverse consequences of competition in public and private life ever since Socrates denounced political corruption, and Plato scorned the Sophists (the lawyers of his day) for discarding the truth when it was not in their clients’ interest. But few before or after Applbaum have tried to develop a framework for addressing these dilemmas across the full range of competitive institutions, and to link this up with more “foundational” ethical and political theories.

(Applbaum is not founding member of this blog team; though he would certainly be welcome if he wanted to join us.)

From time to time, we will post salient quotes from scholarly works, including Applbaum’s. Let us start where Applbaum himself did (in the preface to Part I of his Ethics for Adversaries: The Morality of Roles in Public and Professional Life), with a quotation from the 16th-century French thinker, Michel de Montaigne:

“Likewise in every government there are necessary offices which are not only abject but also vicious. Vices find their place in it and are employed for sewing our society together, as are poisons for the preservation of our health. If they become excusable, inasmuch as we need them and the common necessity effaces their true quality, we still must let this part be played by the more vigorous and less fearful citizens, who sacrifice their honor and their conscience, as those ancients sacrificed their life, for the good of their country. We who are weaker, let us take roles that are both easier and less hazardous. The public welfare requires that a man betray and lie and massacre; let us resign this commission to more obedient and suppler people.”

Michel de Montaigne, “Of the Useful and the Honorable.”

Montaigne is addressing the morality of roles. There are defined roles in all institutions (i.e. adversarial and non-adversarial), and some of these will require role-holders to do things they could not do outside of those roles. In this blog we will focus especially on the roles within deliberately adversarial institutions, which are even more ethically treacherous. Montaigne’s reluctant public servant administers poison-as-medicine for he knows it is ultimately for the public good. But in contemporary adversarial institutions like financial markets and electoral politics, that links between legal and winning tactics, on the one hand, and the invisible-hand benefits for the public good, on the other, may be so tenuous or dubious they look like delusional rationalizations. If only we could be sure that it was not the “weaker” among us who gravitate toward these roles….

Why, oh why, would teachers help their students to cheat?

Here’s a depressing story; albeit a fascinating one for those of us interested in adversarial ethics. In Atlanta nearly 100 teachers are suspected of cheating — including erasing and correcting their students’ answers on standardized tests — and in neighboring DeKalb county, highly suspicious tests have been found in 26 schools.

Why are so many teachers in and around Atlanta helping their students to cheat on standardized tests?

The answer is so obvious that this rather long newspaper report doesn’t even bother to connect all the dots. Cutting to the chase: the teachers corrected many of their students’ tests scores because the teachers and schools themselves are now locked in a competition — for funding, and even for their jobs — that is won or lost on the basis of their students’ scores.

If we wanted to look for an example of a deliberately non-adversarial institution, a local school board would traditionally be as good a candidate as any. For as long as anyone can remember, the local authorities were responsible for delivering education to the youths of their municipality or county. They would typically have to follow a state-wide curriculum, but they’d deliver the service in a bureaucratic and mostly non-adversarial way: hire teachers and principals, etc, and try to teach the kids. Teachers’ and schools’ performances would be evaluated in various ways (or not); but they were not literally in competition with each other. The worst teachers were not automatically voted off the island.

But now they are — thanks to the federal No-Child-Left-Behind Act of 2001 (as well as other state and local policies) that punishes teachers and schools whose students do worse on standard tests. (The Act’s name does not officially contain hyphens. But come on: it’s a compound adjective, people!) This was supposed to give teachers and schools an incentive to teach better; but it also incentivizes “correcting” the test papers of weaker students. There’s a decent summary of the pros and cons of the Act here.

Of course, there has always been “cheating” by teachers. E.g., the incompetent and lazy ones have, for generations, cheated kids out of a decent education and a hopeful future. Is the kind of cheating or “gaming” that arises as the institution is made more adversarial worse than the cheating that happened in its non-adversarial era? Are the other “unintended” consequences of teacher and school competition (such as an unwillingness to “waste time” teaching untested things like art and music) worth the intended gains in more “efficient” teaching and learning?

We can’t even begin to answer these questions on the basis of this depressing report on teacher cheating. But it is worth recognizing that the education system is a whole new game now.

The State of the Union, part 1: toward a more perfect competition?

Democracy is a delicate — well, often not so delicate — balancing of competition and cooperation. The competitive aspects of democracy are largely justified as the best available means to good government in the public interest over the long haul. By forcing would-be leaders to compete for the loyalty of the electorate, they are incentivized to at least appear to act and to propose policies that will benefit the public and not just themselves.

But again, the rough-and-tumble of the democratic competition does not guarantee good government. Sometimes winning tactics might undermine the public good. Sometimes cooperation across the partisan divide can be a more effective way to do what is best for the society. Opinion polls routinely find the electorate clamoring for more cooperation and less partisan gamesmanship; but they also reveal that people want both sides to cooperate around the policies already favored by their prefer partisans.

Adversarial ethics in the political realm is in part about when the competitors should set aside their attempt to “win” the next contest and instead cooperate with their opponents to achieve more directly results in the public interest.

I suspect that all State-of-the-Union speeches implore the members from both sides of the aisle to put aside their differences — and their focus on the next election — and to work cooperatively together. And President Obama’s speech tonight was no exception. In fact, it led with this “adversarial ethics” issue.

It’s no secret that those of us here tonight have had our differences over the last two years. The debates have been contentious; we have fought fiercely for our beliefs. And that’s a good thing. That’s what a robust democracy demands. That’s what helps set us apart as a nation.

But there’s a reason the tragedy in Tucson gave us pause. Amid all the noise and passions and rancor of our public debate, Tucson reminded us that no matter who we are or where we come from, each of us is a part of something greater – something more consequential than party or political preference.

We are part of the American family. We believe that in a country where every race and faith and point of view can be found, we are still bound together as one people; that we share common hopes and a common creed; that the dreams of a little girl in Tucson are not so different than those of our own children, and that they all deserve the chance to be fulfilled.

That, too, is what sets us apart as a nation.

Now, by itself, this simple recognition won’t usher in a new era of cooperation. What comes of this moment is up to us. What comes of this moment will be determined not by whether we can sit together tonight, but whether we can work together tomorrow.

I believe we can. I believe we must. That’s what the people who sent us here expect of us. With their votes, they’ve determined that governing will now be a shared responsibility between parties. New laws will only pass with support from Democrats and Republicans. We will move forward together, or not at all – for the challenges we face are bigger than party, and bigger than politics.

At stake right now is not who wins the next election – after all, we just had an election. At stake is whether new jobs and industries take root in this country, or somewhere else. It’s whether the hard work and industry of our people is rewarded. It’s whether we sustain the leadership that has made America not just a place on a map, but a light to the world.

This way of defining the basic war in the breast of any democratic polity — between competition (to benefit the public indirectly) and cooperation (to benefit the public directly) — could be uttered by any President of either stripe. Of course, all it really does is describe the inherent, perennial conflict.

It says nothing of any substance about the solution — unless you consider the globbing of sweet nationalist syrup over this mess to be a solution. Do we really think that it is a shared sense that we are members of a common family that sets Americans apart as a nation? Do we have to believe that we are a beacon of light to the rest of the world in order to set aside our partisan differences and work together? If we can’t set those differences aside to come up with, say, a sane system of healthcare for all members of the American nation, are we really going to do it because we are duty-bound to light that beacon for foreigners who are counting on us to lead the way?!

The absurdity or vacuousness of this appeal to nationalism just shows how acute this tension is between competition and cooperation in 21st-century democratic federal politics in the United States of America. It is a perfectly adversarial union.

Bankers Bonuses and Multi-Level Structured Competition

Here’s an interesting story about structured competition within an organization. By Michael Flaherty and Sarah White, as appearing in the Globe and Mail: Gap in bankers’ bonuses spurs discontent

Annual bonuses at top global banks are causing friction that could drive an outsized round of defections as weaker profits and tougher rules widen the pay discrepancy between star performers and everybody else.

That growing difference between a small number of top-fee earning investment bankers and the bulk of their colleagues may see an exodus from big European and Wall Street banks to smaller upstarts or different industries in the weeks and months ahead….

Actually, what we see here are several nested levels of structured competition:

  • Competition between bankers, structured by the banks that employ them, in order to incentivize them for maximum productivity;
  • Competition between banks (structured by the legal and regulatory environment) to see who can offer an incentive structure that attracts (and retains) the best talent;
  • Competition between industries to see which industry can attract (and retain) the best talent, at least to the extent that such talent is mobile and involves transferrable skills.

Did I miss any layers?

Each of those competitive structures of course implies its own set of ethical norms, both for those who design the institution and for those who are subject to it. The intersection between, and conflict between, those alternative sets of competition-specific ethical regimes, seems a fertile ground for investigation.

Free trade and fair competition between the US and China

Is it my imagination, or has the language of “fair competition” suddenly exploded in discussions about trade between China and the US? We used to worry about supporting a totalitarian regime, a regime and firms that violated human rights, helping to grow the economy of a military rival, unfairness in the restriction on foreign investment and imports, not to mention the exporting of American manufacturing jobs.

But now the talk is all about how the US should conceive of China as a rival and competitor, and what the appropriate rules of this competition should be. Those rules might be formal ones — i.e. the rules for a deliberately adversarial institution, as governed internationally (say, through the WTO) or through bilateral treaties — and informal or “ethical” rules that both parties are expected to follow.


The US Secretary of State, Hillary Clinton, gave us a mouthful of what seems to be a new framework-in-progress during her interview with George Stephanopoulos on ABC’s Good Morning America last week, during Chinese President Hu’s official visit to Washington last week. There’s a link to the ABC clip, and a transcription of the interview on the blog Still4Hill, here.

Here is an interesting excerpt:

QUESTION: Madam Secretary, thanks for joining us this morning. The White House is really rolling out the red carpet for President Hu, but I think a lot of Americans, especially those having trouble in the job market, are having a hard time figuring out how to think about China. Are they friend or foe, ally or adversary?

SECRETARY CLINTON: George, one of the reasons why we are rolling out the red carpet and having President Hu Jintao come for a state visit is because we think that we’ll be able better to answer such a question as we move forward. And my hope is –

QUESTION: You don’t know yet?

SECRETARY CLINTON: Well, my hope is that we have a normal relationship, a very positive, cooperative, comprehensive relationship, where in some areas we are going to compete – there’s no doubt about that – but in many areas we’re going to cooperate. And we’ve seen that pattern in the last two years and it’s a pattern that I think reflects the reality and the complexity of our relationship.

QUESTION: It’s tough competition on the economic front especially. Your senior senator in New York, Chuck Schumer, has said America is getting fed up with the way China is manipulating its currency, closing down its markets, and he says that at times they are seeking unfair economic advantage. He’s actually proposed legislation that would sanction them, have tariffs if they don’t stop manipulating their currency.

Can you see a point where the Administration would get behind something like that?

SECRETARY CLINTON: Well, George, let me say first that I think Americans need to put this relationship into perspective. Our economy is about three times the size of the Chinese economy, where they have four times the number of people. So our standard of living is much higher, our innovation, our creativity – all of that is really to America’s advantage.

They have a huge labor market. They have lower costs. And they are going to be a really tough competitor. And what we’re looking for is a competition where nobody’s got their thumb, or their fist, on the scale.

Our understanding of the concept of trade has been complicated at least since Adam Smith’s Wealth of Nations — in part because trade, especially international trade, seems like a cross between cooperation and competition. The idea of a “fist on the scale” is also a cross of metaphors that seems unusually revealing here.

Meanwhile, Nobel-prize-winning economist and NY Times columnist Paul Krugman is worried about “The Competition Myth” that lies behind the new/old buzzword “competitiveness” that he sees trending in recent communications from the White House.

But let’s not kid ourselves: talking about “competitiveness” as a goal is fundamentally misleading. At best, it’s a misdiagnosis of our problems. At worst, it could lead to policies based on the false idea that what’s good for corporations is good for America.

The Economist this week is following the West’s competition with China to the primary schools and nurseries. In its Banyan column on “[China’s] Tiger Cubs v [the West’s] Precious Lambs” it reports on the astounding recent test scores of Chinese students, and the tiger mothers whose all-work-no-fun parenting makes it happen.

Do we only lament the innovations and improvements that arise from competitions when we sense ourselves beginning to lose? Will there always be a cognitive bias or rationalization that will try to explain such competitive failures in terms of gamesmanship, if not cheating? And oh, what about the poor children?! How can we allow them to be the innocent victims in this competition?

Adversarial ethics and Sarah Palin’s “gun sight” ad

There is surely nothing else to add to the debates over Sarah Palin’s infamous attack-ad that seemed literally to “target” 17 sitting members of the House of Representatives, including Rep. Gabrielle Giffords. Interestingly enough, much of what needed to be said was posted in the blog Joe. My. God. back in March 2010. He reprinted the ad (from which I copped the jpg you see here), and highlighted her “Don’t retreat, RELOAD!” tweet. And nine months before Giffords would be shot in the head, he asked, not rhetorically as it transpired, “What will Palin say when one of her supporters takes her literally?”

(Note: at this point I’m not sure we know whether the shooter, Jared Lee Loughner, was a supporter of Palin’s or if he had even seen the ad in question. But this is not my issue here.)

The ad, the tweet, and the free-for-all debate about political ethics that followed the shooting help us to frame a central feature of ethics within deliberately adversarial institutions (like electoral politics). The aim of these institutions is to regulate contests that will benefit not only the “players” in the competition, but also (or mainly) the larger public outside of the competition. (In economics, such benefits to third parties are called “positive externalities.”) Much of the design challenge for these institutions is to find a set of rules, and a way to monitor and enforce them, that will maximize the likelihood of these positive externalities.

Democratic systems are the quintessential “deliberately adversarial institutions.” Throughout most of human history we have not “selected” leaders through such regulated competitions. Princes and princesses were handed the job from their parents; coup leaders or revolutionaries stole the job in unregulated contests. But in democracies you have to win the job by competing for votes with rival contestants.

Now here’s the point illustrated by the “gun sight ad” debate: we can never expect to design competitive institutions that will “guarantee” positive externalities. And in particular, the regulations will almost always unintentionally incentivize competitive tactics that can enable competitors to win to the detriment of the larger society. So deliberately adversarial institutions always require something like ethics or professionalism or self-regulation on the part of their participants.

And this frames much of the post-shooting debate (or, as Oh. By. God.‘s post from last March reminds us, the post-ad debate): did Palin’s people “cross the line” — that is, violate the ethical constraints that are expected of participants in a “civilized” democracy? And if so, should we actually change the regulations for political advertising?

Over at This Sporting Life, I have talked about how the NFL tries to respond to every unanticipated and unwelcome event, on and off the field, by tweaking the rules or the way they are monitored or enforced. If Roger Goodell, the NFL’s Commissioner, were the czar at the Federal Elections Commission, it would already now be illegal to produce a political ad using gun-sight imagery. But there are special limits on the tools available to the engineers of democratic systems. Many restrictions on political activities — even limits on campaign finance — can be interpreted as limits on free speech. And in many political systems, especially the American one, free speech is protected even in cases where it is clearly “anti-social.”

Yet just because you have a right to do something or say something, that doesn’t mean you ought to do or say it. This is why we are talking here about “ethics for adversaries.” How do we “draw the line,” if not through regulations? [corrected to remove ambiguity] Given that regulations are never enough, how do we ‘draw the line,’ that is, figure out how far we should self-regulate by refraining from partisan, competitive behavior?

Just hunting

One of my favorite adversarial-ethics cartoons comes from the magazine named after a certain city that’s so nice they named it twice. 

To explain its humor is to identify one of the most intriguing ethical dilemmas at the heart of any “deliberately adversarial” institution.

And yes, hunting is an adversarial institution of sorts; though it’s atypical in that usually one side in the competition (the hunter) is only ever on offense and the other is only ever on defense (the hunted).

The ethical dilemma at the heart of adversarial institutional design is also at the heart of this cartoon: is it ever morally permissible (or even obligatory) to do something within a legitimate adversarial institution that it would be unethical if done outside it? (Of course, some may question whether recreational hunting is in fact legitimate, but that’s another issue.) It’s never ethical to shoot your drinking buddy just for fun. Does it suddenly become OK just because one of you has now decided he is a hunter and you are prey?

And to suck every last bit of humor out of this cartoon — does harming your buddy (say, by driving him into bankruptcy) suddenly become permissible if it is “just business”? Is “just business” just business?

Well, yeah; maybe.

And they’re off!

This blog is based on a hypothesis: that we made a slight mistake when we carved out the sub-fields of ethics and political philosophy. The blog will not, for the most part be trying to prove this hypothesis in a heavy-handed way, but hopes to make it a little more compelling by way of examples.

What was the mistake? At some point “we” assigned some scholars to work on the foundations of moral theory, and others to work on the foundations of political philosophy, and then several other mutually exclusive bands of scholars to look into the peculiar ethical challenges facing professionals working within particular kinds of institutions and professions, like business, law, politics, international relations, journalism, accounting, international relations and, say, sports.

So what’s the hypothesis? That there just may be something similar about the challenges faced in design of all the aforementioned institutions, and also in the ethical dilemmas faced by people working within these settings. And further, that the challenges of designing and justifying these institutions may strain any more foundational theories of justice that have not adequately accounted for how different these competitive institutions are from other “merely administrative” institutions. (And we suspect this includes almost all famous theories of justice — not least John Rawls’s.)

The institutions, professions, and practices that we will be exploring throughout this blog are what we might call “deliberately adversarial.” They set up highly — but never completely — regulated competitions in order (ideally, in principle, as if by an invisible hand) to benefit those outside the competitions. We do not need to use free(ish) markets to produce and distribute goods and services, but if we do so in the right way, consumers should get better value for their money. We have not always had an adversarial legal system, or democratic elections, but when we do, citizens should be less likely to face injustice. We could have events where athletes show off their individual physical talents, but we tend to find competitive sports, where they do this in an attempt to win, a more satisfying spectator experience.

When does it make sense to try to get results from competitions rather than merely by attempting to achieve them directly? Why aren’t cooperation, mutual deliberation, and professionalism more efficient and just ways to deliver services? And if we do need to structure competitive environments, how do we ensure that the system won’t be “gamed” by the players so that they benefit more than the intended beneficiaries (like consumers, criminal suspects, or the general public)?

These will be the sorts of questions we will have in mind in this blog as we search for examples of effective or flawed “deliberately adversarial institutions” all around us.

We offer no prizes for the best leads, but we would be delighted if readers pointed us to interesting issues arising in deliberately adversarial institutions you are paying attention to.