MUSIC IN THE OFFICE
I have been asked to address the question of music in the
office.[1]
We live in an age where music is readily available by cell
phone or online and portable by CD.
A. The question is: “When and under what
conditions, is it appropriate to play your personal choice of music in the
office.
B. The answer is “Not very often, if at
all.”
C. Here’s why:
A little Kant: The first reason can
be found by applying Immanuel Kant’s Categorical Imperative: “Act only that
maxim which you can at the same time will to be universal law.” (Yes, I know,
I’ll bet you think about that all the time). Simply put the question is “What
if everyone did it?” Obviously, if everyone
played their own music whenever they wanted and it could be heard by others,
we would have chaos – a veritable cacophony of sound making it impossible for
anyone to either enjoy the music or wok. So, under Kant if it can’t be done by
everyone it should not be done by anyone. This is a principle of internal
guidance.
A little Mill: The second reason is
explained by John Stuart Mill in On Liberty: For Mill the question is “Where does personal
freedom end under a system of social rules?” His answer is: Where the conduct
impacts the rights of others. Again, this philosophical principle can be stated
in common language: “My rights end where yours begin.”
In the
workplace we have not only a system of rights of the individuals, but also the
external communal purpose of serving the end for which the people are gathered:
that is, to get work done. Under Mill’s “rules standard of conduct” music heard
by others not only infringes on their right to quiet (not to have my music
tastes and musical mood at the time forced upon them) but quiet for the purpose
of being in the building, at work, rather than at home; that is, to get work
done (the community purpose). So, again,
music, or any activity which impacts another at work, is unethical because it
does not serve the rights and needs of others as individuals or the purpose of
the community as a whole. Please note that social status or rank have nothing
to do with this analysis. Ethically we
are all equal and subject to the same rules.
Technology: the third reason is
practical. We live in a world of cell phones where music, if played, can be
played on earphones or at least very softly.
So, under existing technology there is no reason to bother our neighbor. (Thank
God the “boom box” era is over.) Next,
in possible use would be the desk speakers hooked to our computers. These
speakers represent more than ten year old technology, but at least they were
made with individual rights and the community purpose of the office in mind.
That’s why they’re small. It is not that they could not have been made
bigger. All of us in the office have
these small speakers. If we use them it is important to keep the volume under
control.
Generally, when in doubt, don’t. Get
up, walk outside of your work area. If you can hear the music, then it’s wrong.
(It does not matter that the music is great. Someone else may not appreciate or
be able to work while listening to “The Sound of Music.”
Finally, of course, would be larger
speakers which probably just don’t work in the office. While they could be
played while one is alone, it would almost never fail that someone else would
come in to work, thus mandating the ethical action of shutting the music off or
switching to a less intrusive mode of listening (e.g. cell phone). Shutting the
music down just when we are getting into it could cause both frustration and
resentment; so if one can’t handle shutting it off, then one should not turn it
on. This applies to all means of listening in the office.
Conclusion: All of this is a long and complex way of saying
what you already know. We live in a community. We must respect the rights of
others and serve the purpose of the community while we are here. Of course, at
home, we can play “The Sound of Music” as often and as loud as we want (subject
to our neighbors’ rights of course.)
Personally,
I use my cell phone at half volume. If my music ever bothers you, please tell
me.
All this
being said, on this and any other topic in the office, I welcome your comments.
I have been known to be wrong (or not completely right) before.
Thank you.
The Law Offices of
Donald W. Hudspeth, P.C. – www.AZBUSLAW.com
Business Law –
Commercial Litigation – International Business Law
TheFirm@azbuslaw.com – 602-265-7997
“The Business of Our
Firm is Business”
Alternative Dispute Resolution – Appellate Practice – Asset Protection
– Business Law – Commercial Law– Commercial Real Estate – Construction Law –
Contracts – Copyrights – Corporate Law – Eminent Domain – Estate Planning –
Franchises – Government Contracts – Health Care – Intellectual Property –
International Law – International Trade – Internet Law – Landlord & Tenant
– Leases & Leasing – Libel, Slander & Defamation – Litigation – Media Law
– Mergers & Acquisitions – Partnership Law – Real Estate – Securities Law –
Technology & Science – Trademarks – White Collar Crime – Wills & Trusts
[1]
The same, I suppose, would apply to other things like personal conversations
and cell phone use.
