Michael Josephson Discusses Moral Turmoil re: This Lawsuit

This post reveals Michael Josephson’s inner struggle to decide what is right in his family’s conflict with Elizabeth English and the Board. This was posted to his blog What Will Matter (www.whatwillmatter.com) on July 3, 2014

Musings of an ethicist struggling to live his values in the real world

Have you ever found yourself in a place (I don’t mean a physical location) you really don’t want to be in and  wondered how you got there and how you can get out of the bad place and get to a better one?

I am dealing with that now.

A metaphor that comes to mind is setting off for a destination with a road map and confronting unexpected “road closed” detours, each presenting a new set of choices, and you find yourself going in a direction that will never get you to the destination you originally had in mind.

Regular readers know that my family reluctantly became embroiled in a very acrimonious lawsuit with a private school that was the center of my family’s lives since 2005

As a former law professor teaching in the area of litigation, I know better than most that while filing a lawsuit can be the last rational resort for frustrated parties who faced “road closed” signs in less confrontational efforts to resolve their grievances, going to court is like throwing the map away and hoping that a compass alone will keep you going in the right direction.

Lots of things are unpredictable once one “goes to court” and lawsuits among former friends or partners are particularly precarious. They can quickly drive the parties further apart in the exchange of accusations that intensify differences and resentments as each side feels betrayed by the other.

Feelings of betrayal set into motion a predictable chain of emotions: anger turns into hostility, hostility into a passion for revenge and the passion for revenge creates a desire/need to punish — and all these negative and destructive feelings evolve beneath our consciousness, hidden by a sense of righteousness.

The problem is that recognizing the reality of all this can’t, by itself, prevent it or the damage it causes.

I certainly can see this progression of feelings and actions in my families battle with my kids’ former school.

Okay, I realize that in trying to avoid making this article about the case itself, this all may sound too vague and convoluted. So, for those who want to consider my theoretical musings in the context of the real case I have included below this post a summary of critical events. I really tried to be objective.

So, what is the ethical conundrum we now face?

Extreme reactions of support and condemnation induce constant reflection including the realization that we are not now we we wanted to be. That the controversy threatens to grow and take us even further from our initial objective.

I acknowledge that I may have crossed the fine line between righteousness and self-righteousness but the problem is even self-righteousness can be based on a reasonable, genuine, unshakable belief that one is right.

Even if the anger and desire to punish blur the issues the underlying cause can still be real and the motives can be noble. And when i consider disengagement I can’t rebut the internal argument: “if you let them get away with this” it will perpetuate, even validate, the conduct believed to be evil.”

My sense of righteousness is fortified by an honest my conviction that the purpose of our lawsuit  are morally sound — to assure that those who hurt my kids are held accountable and to teach by example that by pursuing this case we are teaching our kids to stand up to bullies and to stand up for themselves.

I also believe that if we are successful it will vindicate others that were similarly wronged and it could change the way private schools all over the country interact with parents and students.

In further self-justification I remind myself that though I taught litigation I am not personally litigious. In my 71 years on this planet, except for one small claims action, I can’t remember suing anyone for anything.

Finally, I have no difficulty reconciling my strong feelings and my my conduct in this case with my ethical values. I am not willing to walk away. Yes, I really do believe forgiveness is a good and noble thing, but so is justice.

Unless the person one is forgiving has expressed genuine remorse and sought to make amends (the Jewish requirements for atonement), I do not think anyone is ethicallyobligated to forgive. In fact, forgiving one who accepts no accountability may be wrong. After all:

Ethics is not for wimps.

What you allow you encourage.

All that is necessary for evil to triumph is for good people to say nothing.

Ethics does not require one to be a doormat.

Ethics often requires us to do hard and difficult things to protect those we love and to right wrongs.

So, while I can shield my conscience with a bodyguard of aphorisms how can I be sure I’m not just rationalizing?

Just as paranoids can have real enemies and broken watches can correctly tell the time twice a day, beliefs can be true even if they are shrouded in self-righteousness and mixed motives. There really are bad people who do bad things.

So, here’s my dilemma, and I invite your informed and caring input. What do I do now?

While I  believe it is ethical to subject the offending party’s conduct to public scrutiny and to the legal system to obtain compensatory and punitive damages, I have to be open to the possibility that there are less confrontational options that are equally or more ethical and effective.

My problem is compounded by the fact that there is no dimmer knob on my zeal. When I am committed to something I am wholly committed and I will devote the full measure of my passion, energy, creativity and resources to bring our adversaries to their knees and reform. If i am not careful this can lead to a scorched earth strategy that goes beyond what is just and needed.

The question is whether there is any course of action that allows me to be faithful to all my core beliefs — to justice as well as forgiveness, to courage as well as compromise, and to idealism as well as real-world pragmatism.

I invite your thoughts, but I beg you to make them more nuanced and realistic than “just walk away”.  At least at this moment we can’t/won’t do that.

This blog was posted July 3, 2014. For a current update on his thoughts or recent developments in the case click here or visit the website www.JosephsonvsArcher.com

Comments 1

  1. Thank you so much for your efforts and no dimmer knob zeal. I have read that you are very happy with latest developments.
    I hope your victory will vindicate all others everywhere that have been and our currently being wronged by administrators of private schools.
    We are one such family and I felt every step of the way reading this moral dilemma you faced.
    Looking forward to your continuing work on ethics in education. It is much needed.

    Thank you from the bottom of my heart.

    I hope your family is feeling some peace & hope.

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