Friends and Fans — I have retired from my work as a public intellectual, so Philosophy in Action is on indefinite hiatus. Please check out the voluminous archive of free podcasts, as well as the premium audio content still available for sale. My two books — Responsibility & Luck: A Defense of Praise and Blame and Explore Atlas Shrugged — are available for purchase too. Best wishes! — Diana Brickell (Hsieh)

Jury Nullification, the Morality of Homosexuality, Boss's Dishonesty, and More

Q&A Radio: 29 May 2014

I answered questions on jury nullification, moral judgments of sexuality, dishonesty in a manager, and more on 29 May 2014. Greg Perkins of Objectivist Answers was my co-host. Listen to or download this episode of Philosophy in Action Radio below.

The mission of Philosophy in Action is to spread rational principles for real life... far and wide. That's why the vast majority of my work is available to anyone, free of charge. I love doing the radio show, but each episode requires an investment of time, effort, and money to produce. So if you enjoy and value that work of mine, please contribute to the tip jar. I suggest $5 per episode or $20 per month, but any amount is appreciated. In return, contributors can request that I answer questions from the queue pronto, and regular contributors enjoy free access to premium content and other goodies.

My News of the Week: It's been a short week, but Paul and I had a great time at ATLOSCon... and I bought a horse while I was there too!


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Segments: 29 May 2014


Question 1: Jury Nullification

Question: Should juries nullify bad laws by refusing to convict? Imagine a criminal case of drug possession, tax evasion, or prostitution – meaning, where the law is wrong because the outlawed activity doesn't violate rights. Should (or might) a juror concerned with individual rights refuse to find the defendant guilty? Does a juror exercise a rightful check on government power by refusing to convict? Or would acquitting the defendant be contrary to the rule of law and even anarchistic? Basically, should the juror use his own mind not merely to judge the evidence, but also to judge the morality of the law?

Answer, In Brief: Jury nullification is not a form of anarchy, but rather a widely-recognized check on the government's potential to abuse its powers of law-making and prosecution and a way to protect the rights of innocent people. It may (and perhaps should) be used when rights-respecting people would be convicted and sentenced to prison.

Tags: Crime, Ethics, Juries, Law, Rights, Rule of Law

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Question 2: Moral Judgments of Sexuality

Question: Does the morality of homosexuality depend on it being unchosen? It seems that the advocates of gay rights and gay acceptance are obsessed with proving that homosexuality is never a choice. I find this confusing as it doesn't seem to be the best argument. Even if sexual orientation were chosen, I don't see why there would be anything better or worse about preferences for heterosexuality, homosexuality or bisexuality. Rather, I think that if I were able to pick, I would choose to be bisexual, as being straight limits my expression of admiration towards men who may represent the "highest values one can find in a human being" simply due to their genitals. Is that right? Or does the case for rights for and acceptance of gays depend in some way on sexual orientation being unchosen?

Answer, In Brief: The "argument from lack of choice" in defense of gay rights and gay acceptance can help people come to understand that homosexuality isn't immoral. However, it isn't a compelling argument by itself: it fails to recognize the distinction between gay desires and gay acts. The morality of homosexuality must be argued for on more direct grounds.

Tags: Ethics, GLBT, Responsibility, Responsibility, Sex

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Question 3: Dishonesty in a Manager

Question: What should I do about the dishonesty of my new project manager? One of the project managers at my job recently lied when evaluating my co-worker. We are evaluated yearly, but aren't supposed to share the results of the reviews with others. However, my co-worker shared her review with me. It painted her in an extremely negative light via false accusations, and her yearly raise was affected by it. She wasn't given any warning about the accusations either. I've taken over her duties, which include working under the accuser. I'm afraid my review next year will be unjustly and perhaps even dishonestly negative, but I wasn't supposed to see her review in the first place. What should I do? Is there something I should do about my co-worker's false negative review? How can I protect myself from this dishonest project manager?

Answer, In Brief: You cannot control your boss or force him to be honest. However, you can make your interactions (including his lies) transparent by documenting your interactions and soliciting his feedback on your job performance early and often.

Tags: Business, Ethics, Honesty

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Rapid Fire Questions (1:00:45)

In this segment, I answered questions chosen at random by Greg Perkins impromptu. The questions were:
  • Any special plans for episode #300?
  • Contracts are considered invalid if their terms involve the violation of rights. If a politician gets elected when he promises to violate rights, should his claim to office be considered invalid?

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Conclusion (1:06:49)

Thank you for joining us for this episode of Philosophy in Action Radio! If you enjoyed this episode, please contribute to contribute to our tip jar.


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The vast majority of Philosophy in Action Radio – the live show and the podcast – is available to anyone, free of charge. That's because my mission is to spread rational principles for real life far and wide, as I do every week to thousands of listeners. I love producing the show, but each episode requires requires the investment of time, effort, and money. So if you enjoy and value my work, please contribute to the tip jar. I suggest $5 per episode or $20 per month, but any amount is appreciated. In return, regular contributors enjoy free access to my premium content.

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About Philosophy in Action

I'm Dr. Diana Brickell (formerly Diana Hsieh). I'm a philosopher, and I've long specialized in the application of rational principles to the challenges of real life. I completed my Ph.D in philosophy from the University of Colorado at Boulder in 2009. I retired from work as a public intellectual in 2015.

From September 2009 to September 2015, I produced a radio show and podcast, Philosophy in Action Radio. In the primary show, my co-host Greg Perkins and I answered questions applying rational principles to the challenges of real life. We broadcast live over the internet on Sunday mornings.

You can listen to these 362 podcasts by subscribing to the Podcast RSS Feed. You can also peruse the podcast archive, where episodes and questions are sorted by date and by topic.

My first book, Responsibility & Luck: A Defense of Praise and Blame, can be purchased in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck." My second book (and online course), Explore Atlas Shrugged, is a fantastic resource for anyone wishing to study Ayn Rand's epic novel in depth.

You can also read my blog NoodleFood and subscribe to its Blog RSS Feed.

I can be reached via e-mail to diana@philosophyinaction.com.

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