Tuesday, March 15, 2016

The Means, the End, Mediation, and Adversary Divorce

We often hear people say the ends justify the means. I have always the thought the means are the end.  I thought this was original with me but I should have known better.  I Googled both and learned a lot.  Wikipedia says, “Consequentialism is a theory holding that the consequences of one's conduct are the ultimate basis for any judgment about the rightness or wrongness of that conduct. Thus, from a consequentialist standpoint, a morally right act (or omission from acting) is one that will produce a good outcome, or consequence. In an extreme form, the idea of consequentialism is commonly encapsulated in the English saying, "the end justifies the means", meaning that if a goal is morally important enough, any method of achieving it is acceptable.
Wikipedia goes on to say, “Consequentialism is usually contrasted with deontology Deontology is the normative ethical position that judges the morality of an action based on the action's adherence to a rule or rules.
The ends justify the means is advocated by Niccolo Machiavelli. Also the Greek playwright Sophocles “The end excuses any evil” and the Roman poet Ovid wrote “The result justifies the deed.”
But what about my “the means are the end?”  John Dewey said, “the ends only justify the means only when the means used are such as actually bring about the desired and desirable end.”  Scott Stroud in “John Dewey and the Artful Life: Pragmatism, Aesthetics, and Morality,” says “means are the end to be effected.”
This takes us back to mediation and adversary divorce.  I believe more often than not in mediations the means are the end while in adversary divorce the means justify the end.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (304) 3/15/16

Tuesday, March 1, 2016

No Turn on Red and Mediation


 

 
    Most days I drive past an intersection where there is no turn on a red light.  The intersection must have at least six signs with some in bright lights indicating no turn on red.  The no turn on red light is often found on busy roads with high traffic volume, where right turn on red could cause an accident.  What amazes me is how often I see a car in front of me ignore the signs and make a right turn.  I am not sure if driver did not see the sign or just think the law does not apply to him or her.  The opposite of this is the scene in the 2001 movie “The Mexican” with Brad Pitt, Julia Roberts and I had forgotten James Gandolfini.  Brad Pitt is driving an El Camino Mexico and stops at a red light in the middle of nowhere with absolutely no traffic in sight.  The life lesson that applies to mediation is that some people follow the law even if it makes no sense and other people think the law does not apply to them.    As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (304) 3/1/16