"(T)o say that the individual is culturally constituted has become a truism. . . . We assume, almost without question, that a self belongs to a specific cultural world much as it speaks a native language." James Clifford

Thursday, February 16, 2012

Sanctity of Contract Breached on Mortgages

An audit in 2012 by San Francisco county officials of about 400 foreclosures “determined that almost all involved either legal violations or suspicious documentation. . . .  The improprieties range from the basic — a failure to warn borrowers that they were in default on their loans as required by law — to the arcane. For example, transfers of many loans in the foreclosure files were made by entities that had no right to assign them and institutions took back properties in auctions even though they had not proved ownership. . . . About 84 percent of the files contained what appear to be clear violations of law, it said, and fully two-thirds had at least four violations or irregularities.”[1] The problem seems to be systemic, suggesting that judges should be able to modify mortgages on the basis of nullified contract.


The full essay is in Cases of Unethical Business, available in print and as an ebook at Amazon.com.  


1. Gretchen Morgenson, “Audit Uncovers Extensive Flaws in Foreclosures,” The New York Times, February 16, 2012.


Wednesday, February 15, 2012

The Profitable Aristocracy: On the Conditionality of the Managerial Elite

Downton Abbey, a television series that began in 2011 on PBS’s Masterpiece Classics, depicts through narrative life in a British manor beginning with the sinking of the Titanic in 1912. For European viewers and more generally for the rest of us, the program proffers a glimpse of the world a century back. The advent of the telephone and phonograph seem to pierce through the manor’s socio-economic hierarchy that had undoubtedly been in place for centuries. It is the sheer social distance between the servants, almost regardless of their particular rank within their hierarchy, and the nobility in the house that is so striking to me. Moreover, the “Your Lordship” and “Your Ladyship” are not contingent on the manor’s owner employing or even paying the servants.


Lady Mary between the man she was to marry and the man she loves. (Carnival/Masterpiece)

In other words, nobility is by birth and is therefore not contingent on any financial arrangement. Indeed, after being fired, servants at Downton continue to address their former employers by their respective noble titles. This can easily be distinguished from the business or commercial culture wherein respectful demeanor is typically contingent on being paid. A worker who is fired is apt to quickly drop the former air of respect—even turning downright disrespectful. Even a longstanding regular customer can find the respectful demeanor of a waiter or front desk clerk quickly turned into something else entirely if a tip is not judged to be sufficient or there is a dispute on a reservation or room charge.

An acquaintance of mine who is from India was staying at a Staybridge for a number of months on business. As per the hotel’s policy, any of the long-term “guests” could invite friends or co-workers to the weekday late-afternoon receptions at the hotel. He invited me to a few of the receptions. Arriving before him on one occasion, I was stunned at the rude conduct directed at me by the front desk employee and another employee who was helping with the reception. It was ironic that they referred to their paying customers as “guests” yet could not have been of lower class in how they treated a real guest. The man helping at the reception ignored me and the front desk employee stood behind me bragging about how she had just thrown out a “non-guest.” When my friend arrived, I had to inform him that I would not be able to join him at the reception. He too was shocked at the employees’ behavior. “I live here!” he said still astonished.

From my own experience, Days Inn is far worse with respect to a low-class approach to management.  In reading reviews by customers, the lack of accountability at Days Inn is truly astounding. In Downton Abbey, Granny remarks that once the little people get a taste of power, it goes to their heads like strong drink. Hearing this line, I was reminded of when I made a noise complaint while at a Days Inn. Actually I made one early one morning, then another a night later because the noise above had gotten worse. The front desk employee refused to act on both occasions, so I phoned the police the second time. Even that did not end the noise, which lasted until 6am. From what the Days Inn centralized customer service dept representative later told me, the manager had retaliated against me by reporting to that dept "several altercations with front desk staff including profanity." Days Inn itself refused to come down on the local manager as the hotel was a franchise (they could have demanded a video recording as proof of the alleged altercations). As it was, I was left with the impression that the corporate office was impotent while the manager was utterly corrupt and beyond virtually any accountability. I was stunned that insult could be so easily added to injury as a manager was allowed to turn on a customer in the wake of his own failure. In the context of Downton Abbey, the manager  had completely lost touch with the fact that even as a manager he was a servant, rather than nobility. Management, in other words, is not of nobility. We allow managers to presume far too much, and all too often they get away with it because of their power in their respective organizations.

My point is that the “nobility” in a commercial society is utterly fake, as shown through the extent of conditionality. Customers and employers doubtless regard the perfunctory manners of managers as fake—i.e., as something we are expected to pretend is authentic rather than contrived simply to get something. Social respect in a non-noble, commercial society is simply a means of manipulation fueled by greed.

In watching Downton Abbey, I had the sense that “Your Lordship” and “Lady Mary” are expressions from a felt obligation that does not depend on getting anything in return because the nobility are due it regardless of any monetary transaction. In America at least, where such a thing does not exist, viewing nobility in another time and place makes the contrived nature of social respect in the American commercial society all the more apparent. Far too much in terms of behavior is assumed to legitimately be conditioned on money.

In fact, the American aristocracy could be said to be Wall Street, with lower “counts” being the professional caste (lawyers, CPAs, physicians), while the aristocracies of clerics and scholars operate without the requisite currency and thus must appeal to another place and time. The clerics and scholars have more in common with the nobility than with rich CEOs and professionals, whose basis is utterly contingent (i.e., being wealthy). In other words, the motives in how the respective aristocracies are addressed differ. Respect for a cleric or scholar is rooted in obligation, whereas respect for a business executive or a profession is based on the commercial element (i.e., wealth being valued, as well as self-interest).

It is no accident that clerics and scholars are not highly valued in American society—its values being so commercial in nature. Typically an executive or lawyer will dismiss a cleric or scholar for not being “in the real world.” Indeed, some “professionals” even presume that their undergraduate degree in a professional school makes them scholars, or able to evaluate scholars. Barak Obama, for example, has been characterized as a “legal scholar” simply because he taught in a law school as an instructor with one degree in law. I have read plenty of law journal essays written by people having earned a degree in law. Let’s just say the writing reflects the undergraduate degree. In Europe, by the way, a law professor must have the doctorate in law (JSD).

In some ways, having a doctorate (i.e., nobility in academia) is like being an earl or count because the title does not depend on the size of a bank account or any commercial transaction. After having been hooded, a doctor (this is not properly a medical designation) is forever designated as such, meaning unconditionally. The same applies to a member of the European aristocracy. Also, that aristocracy prides itself on its good manners, while I have wondered if a lot of education renders one more refined as well. Perhaps it is simply a function of being socialized for so long at university. Particular at good or excellent seats of learning, the context does not exactly reflect society as a whole.

I contend that an educated refined demeanor is superior to the conditionality of commercial relationships. It is no surprise, therefore, that the educated aristocracy is so slighted by the American society at large—including the moneyed “aristocracy,” which after all has a vested interest in doing so. As if to circumvent the true scholars, the “aristocracy” of professionals even sought to portray its undergraduate degrees as if they were doctorates, and thus among the scholarly nobility too. Nice try. Such games put the nobility as depicted at Downton Abbey at quite a distance.

The over-reaching and conditionality—both of which are indicative of low class—may have been made possible because hereditary nobility had been eliminated long ago in the U.S. In other words, American society is reductionist in terms of its notions of aristocracy—reducing it to being a function of money. How could anything truly noble be so conditional? Moreover, how could it be so low class and still be aristocratic? Our nobles must be pretenders. Might our forefathers have left us vulnerable to such hypertrophy (i.e., the over-extension of one part) by extirpating nobility? Is there nothing whatsoever to distinguish “well, he wasn’t raised right” from “he came from a good family”? A person of the latter rightfully recoils at the presence of a person of the former who is being rude “without a clue.” What of this natural hierarchy, or aristocracy? Surely it is not conditioned on a monetary transaction. A suddenly rude front desk employee “was not raised right,” I would wager. An innate sense of “with power comes responsibility” over “it’s the customer’s responsibility” is missing from America’s commercial aristocracy and its epigones (i.e., formerly servants now as managers).

In other words, Americans allow servants to over-reach in claiming authority on the basis of running something. The managers of Downton Abbey were classified as among the servants, rather than as among the nobility of the house. Yet the modern manager is seldom viewed as a servant—especially by the employees. “Labor/Management” is itself within the servant hierarchy. As much as I disapprove of a hereditary basis for any social privilege because it is unearned (although acting on a noble obligation of service over years could make it so, as illustrated by Queen Elizabeth II), I find the commercial variety even more distasteful and certainly not noble. In fact, I look at the conditionality based on commerce as rather low class. Its own lack of respect for clerical or scholarly nobility simply confirms my judgment. Conditioning one’s attitude on money is unquestionably banal. Even so, because we have nothing to compare our “aristocracy” too, it is virtually unquestioned in American society. We view the CEO as a noble rather than as being at the top of the servants’ hierarchy simply because the CEO is wealthy.

In fact, basing so much social value on money can even been seen in how the American “safety net” for the poorest of the poor is nevertheless all too contingent on job history. From the American sense of nobility, survival itself is presumed rightly conditioned on having participated in the commercial life of the society. The human rights to food, shelter, medical care, medicine, and even survival itself have been inherently conditional throughout American history. Perhaps having a non-conditional aristocracy would ironically have implied a non-conditional basic human right.

Thursday, February 9, 2012

Conflicts of Interest and Paradigm-Shifts: The Case of Financial Regulation

It is perhaps all too easy to perceive a sea-change in perception when the reality of societal change is much more gradual. There is something to the argument that John D. Rockefeller’s reputation was salvaged in the 1930s not because the old man was passing out dimes, but, rather, simply because he had outlived his critics. Similarly, Thomas Kuhn, in his text on paradigm changes in scientific revolutions, bemoans that the advocates of a default theory must finally die off before their darling can finally be replaced by a new one. In other words, any given person is not apt to shift paradigms. The culprit, I suspect, is pride, which Augustine suggests in his writings is inherently self-idolatrous. I believe the human brain is capable of accepting inter-paradigmatic change, just as a person can be humble. That this is not the norm does not mean that we ought not raise our expectations to it.

The full essay is at Institutional Conflicts of Interestavailable in print and as an ebook at Amazon.

Wednesday, January 25, 2012

Reining in Corporate Pay: Europe as a Model of Fairness for America

Corporate compensation—executive pay in particular—represents a “clear market failure,” so said Vince Cable, the business secretary in the E.U. state of Britain.[1] While suspected, the sheer explicitness, or blatant manner, of this verdict is itself noteworthy. Moreover, it stands as an opportunity for the E.U. to surpass the U.S. on economic fairness, which is a type of justice (see John Rawls). That is to say, Europe had an opportunity at the time of Cable’s statement to set the E.U. on a trajectory that would make the unfairness in the American system more transparent.


The full essay is at "Reining in Corporate Pay."

1, Julia Werdigier, “British Government Works to Rein in Corporate Pay,” The New York Times, January 23, 2012. 

Wednesday, January 11, 2012

Plato’s Justice: On the Conflict of Interest in Google’s Search Engine

“Google’s popularity was built on its ability to help people find just the right Web pages. Then came the social Web, led by Facebook.”[1] Then came the “fledgling Google Plus social network,” the content of which Google then included among other search results at its search engine. The idea, ostensibly, is to “personalize” internet searches.[2] In addition to expertise on a given topic, relevant comments and even pictures posted at Google’s social network may be listed, especially if from a friend. The added utility is debatable, however, particularly as content from other social media sites such as Facebook and Twitter is more in demand, according to Danny Sullivan of Search Engine Land. I question the relevance of even that content to a search on Google, given my searches up to now, though of course it is possible that someone’s post on X could be helpful if information on X is otherwise hard to come by. At the very least, Google ought to make it very easy for users to turn off the feature while at the search site.


The full essay is at Institutional Conflicts of Interestavailable in print and as an ebook at Amazon.


1. Claire C. Miller, “Google Adds Social Network to Search Results,” The New York Times, January 11, 2012.
2. Ibid.

Friday, November 4, 2011

GlaxoSmithKline: Born Again Ethically?

GlaxoSmithKline, a drug company based in the E.U., agreed in 2011 to pay $3 billion to settle the U.S. Government’s civil and criminal investigations into the company’s Medicaid pricing practices and sales practices, including illegal marketing of Avandia, the diabetes drug linked to coronary problems. The settlement amount surpassed the previous record of $2.3 billion paid by Pfizer in 2009. Even so, it is doubtful that $3 billion proffered enough of a punch to motivate either Glaxo’s board or CEO to do what would be necessary to extirpate a corporate culture perhaps too comfortable with cutting corners.


The full essay is in the Introduction of Cases of Unethical Business: A Malignant Mentality of Mendacity, available in print and as an ebook at Amazon.

Thursday, October 27, 2011

Hedge Fund Lobby: Breaching Ethics

In a rule adopted by the SEC on October 26, 2011, hedge funds over a certain size must report information—the amounts required depending on the fund’s size. The devil, as it were, is in the details. In this case, they reflect the intense lobbying of hedge funds and their advocates. As a result of the lobbying, according to The New York Times, the “changes call for only the largest funds to report the most detailed information, eliminate any penalty of perjury for misleading reports and delay for six months the initial reports for all but the largest funds.”[1] Whereas the matter of the amount (and type) of information required involves or potentially puts at risk the funds’ secret strategic competitive advantages and the matter of a start date involves technical points such as how much effort is needed to cull the required information, the elimination of any penalty for perjury does not correspond to any legitimate business concern. Indeed, it makes on sense to require information if it can be misleading with impunity. It is as if the SEC regulators had told the hedge funds, You will have to submit information to us but it can be misleading. The fund managers would be apt to reply, Oh, ok.


The full essay is in Cases of Unethical Business, available in print and as an ebook at Amazon.com.  


1. Edward Wyatt, “Rule Allows Regulators a Look at Hedge Funds,” The New York Times, October 27, 2011.