In 1842, a ship struck an iceberg and more than 30 survivors were crowded into a lifeboat intended to hold 7. As a storm threatened, it became obvious that the lifeboat would have to be lightened if anyone were to survive. The captain reasoned that the right thing to do in this situation was to force some individuals to go over the side and drown. Such an action, he reasoned, was not unjust to those thrown overboard, for they would have drowned anyway. If he did nothing, however, he would be responsible for the deaths of those whom he could have saved. Some people opposed the captain's decision. They claimed that if nothing were done and everyone died as a result, no one would be responsible for these deaths. On the other hand, if the captain attempted to save some, he could do so only by killing others and their deaths would be his responsibility; this would be worse than doing nothing and letting all die. The captain rejected this reasoning. Since the only possibility for rescue required great efforts of rowing, the captain decided that the weakest would have to be sacrificed. In this situation it would be absurd, he thought, to decide by drawing lots who should be thrown overboard. As it turned out, after days of hard rowing, the survivors were rescued and the captain was tried for his action. If you had been on the jury, how would you have decided?
You are an inmate in a concentration camp. A sadistic guard is about to hang your son who tried to escape and wants you to pull the chair from underneath him. He says that if you don't he will not only kill your son but some other innocent inmate as well. You don't have any doubt that he means what he says. What should you do?
In the novel Sophie's Choice, by William Styron (Vintage Books, 1976 -- the 1982 movie starred Meryl Streep & Kevin Kline), a Polish woman, Sophie Zawistowska, is arrested by the Nazis and sent to the Auschwitz death camp. On arrival, she is "honored" for not being a Jew by being allowed a choice: One of her children will be spared the gas chamber if she chooses which one. In an agony of indecision, as both children are being taken away, she suddenly does choose. They can take her daughter, who is younger and smaller. Sophie hopes that her older and stronger son will be better able to survive, but she loses track of him and never does learn of his fate. Did she do the right thing? Years later, haunted by the guilt of having chosen between her children, Sophie commits suicide. Should she have felt guilty?
A fat man leading a group of people out of a cave on a coast is stuck in the mouth of that cave. In a short time high tide will be upon them, and unless he is unstuck, they will all be drowned except the fat man, whose head is out of the cave. [But, fortunately, or unfortunately, someone has with him a stick of dynamite.] There seems no way to get the fat man loose without using [that] dynamite which will inevitably kill him; but if they do not use it everyone will drown. What should they do?
Since the fat man is said to be "leading" the group, he is responsible for their predicament and reasonably should volunteer to be blown up. The dilemma becomes more acute if we substitute a pregnant woman for the fat man. She would have been urged by the others to go first out of the cave.
| Railroad Safety | ||
|---|---|---|
| year | billions of passenger miles | fatalities per billion passenger miles |
| 1890 | 11.8 | 24.2 |
| 1900 | 16.0 | 15.5 |
| 1910 | 32.3 | 10.0 |
| total deaths, 1890-1917: 230,000 | ||
| 1920 | 47.4 | 4.8 |
| 1930 | 26.9 | 2.3 |
| 1939 | 22.7 | 1.8 |
| 1943 | 87.9 | 3.2 |
| deaths increase during World War II with the temporary return of obsolete equipment | ||
| 1950 | 31.8 | 0.6 |
| 1970 | 10.8 | 0.07 |
An underwater tunnel is being constructed despite an almost certain loss of several lives [actually, all but certain]. Presumably the expected loss is a calculated cost that society is prepared to pay for having the tunnel ["society" doesn't make any such calculation]. At a critical moment when a fitting must be lowered into place, a workman is trapped in a section of the partly laid tunnel. If it is lowered, it will surely crush the trapped workman to death. Yet, if it is not and a time consuming rescue of the workman is attempted, the tunnel will have to be abandoned and the whole project begun anew. Two workmen have already died in the project as a result of anticipated and unavoidable conditions in the building of the tunnel. What should be done? Was it a mistake to begin the tunnel in the first place? But don't we take such risks all the time?
We can get some clarity about this example by asking what the police would do if they are informed that the work foreman has authorized the deliberate crushing of a worker. I suspect that he would immediately be arrested for murder.
In Victor Hugo's Les Miserables, the hero, Jean Valjean, is an ex-convict, living illegally under an assumed name and wanted for a robbery he committed many years ago. [Actually, no -- he is only wanted for breaking parole.] Although he will be returned to the galleys -- probably [in fact, actually] for life -- if he is caught, he is a good man who does not deserve to be punished. He has established himself in a town, becoming mayor and a public benefactor. One day, Jean learns that another man, a vagabond, has been arrested for a minor crime and identified as Jean Valjean. Jean is first tempted to remain quiet, reasoning to himself that since he had nothing to do with the false identification of this hapless vagabond, he has no obligation to save him. Perhaps this man's false identification, Jean reflects, is "an act of Providence meant to save me." Upon reflection, however, Jean judges such reasoning "monstrous and hypocritical." He now feels certain that it is his duty to reveal his identity, regardless of the disastrous personal consequences. His resolve is disturbed, however, as he reflects on the irreparable harm his return to the galleys will mean to so many people who depend upon him for their livelihood -- especially troubling in the case of a helpless woman and her small child to whom he feels a special obligation. He now reproaches himself for being too selfish, for thinking only of his own conscience and not of others. The right thing to do, he now claims to himself, is to remain quiet, to continue making money and using it to help others. The vagabond, he comforts himself, is not a worthy person, anyway. Still unconvinced and tormented by the need to decide, Jean goes to the trial and confesses. Did he do the right thing?
Roger Smith, a quite competent swimmer, is out for a leisurely stroll. During the course of his walk he passes by a deserted pier from which a teenage boy who apparently cannot swim has fallen into the water. The boy is screaming for help. Smith recognizes that there is absolutely no danger to himself if he jumps in to save the boy; he could easily succeed if he tried. Nevertheless, he chooses to ignore the boy's cries. The water is cold and he is afraid of catching a cold -- he doesn't want to get his good clothes wet either. "Why should I inconvenience myself for this kid," Smith says to himself, and passes on. Does Smith have a moral obligation to save the boy? If so, should he have a legal obligation ["Good Samaritan" laws] as well?
The cast of Seinfeld, Jerry, Elaine, George, and Kramer, have a layover in a small New England town. They witness a robbery in broad daylight. The robber has his hand in his pocket, and the victim shouts that the man has a gun. As soon as the robber runs away, a policeman appears on the scene; but instead of pursuing the robber, he arrests Jerry, Elaine, George, and Kramer for having violated the new "Good Samaritan" law of the town. Since the four of them spent the time of the robbery making fun of the victim, who was fat, their role in the matter doesn't look good, and at their trial everyone who has ever felt wronged by them in the course of the television series testifies against them. They are convicted. Is this just? What were they supposed to do during the robbery? Should they have rushed the robber, just in case he didn't really have a gun?
Tom[/Jane], hating his[/her] wife[/husband] and wanting her[/him] dead, puts poison in her[/his] coffee, thereby killing her[/him]. Joe[/Debbie] also hates his[/her] wife[/husband] and would like her[/him] dead. One day, Joe's[/Debbie's] wife[/husband] accidentally puts poison in her[/his] coffee, thinking it's cream. Joe[/Debbie] has the antidote, but he[/she] does not give it to her[/him]. Knowing that he[/she] is the only one who can save her[/him], he[/she] lets her[/him] die. Is Joe's[/Debbie's] failure to act as bad as Tom's[/Jane's] action?
A madman who has threatened to explode several bombs in crowded areas has been apprehended. Unfortunately, he has already planted the bombs and they are scheduled to go off in a short time. It is possible that hundreds of people may die. The authorities cannot make him divulge the location of the bombs by conventional methods. He refuses to say anything and requests a lawyer to protect his fifth amendment right against self-incrimination. In exasperation, some high level official suggests torture. This would be illegal, of course, but the official thinks that it is nevertheless the right thing to do in this desperate situation. Do you agree? If you do, would it also be morally justifiable to torture the mad bomber's innocent wife if that is the only way to make him talk? Why?
In the judicial system of Imperial China, torture was technically illegal but tolerated because no one could be convicted without a confession. Torture could then be used with these provisions: (1) Questioning could only be done in open court. Since torture would then be administered in public, the public should agree, from the evidence, that the suspect is probably guilty. If it appeared that an innocent person was being tortured, a riot might result. The Judge, who was also the Magistrate of his administrative District, would be held responsible for the civil disturbance. (2) Punishment would be mitigated in proportion to any suffering inflicted by torture. And, most importantly, (3) if it turned out that an innocent person was convicted, the punishment he suffered could be imposed on the Judge. This was called 
, "reversed judgment." I think that this is a fine legal principle -- where with us misbehavior by judges, prosecutors, or police is generally not liable to criminal sanction. A person not even under oath lying to a federal agent is guilty of a crime, but prosecutors can lie in court and the police can lie to suspects with impunity. The Chinese legal system is discussed and illustrated by the Dutch diplomat and scholar Robert van Gulik in his Judge Dee books.
You are a psychiatrist and your patient has just confided to you that he intends to kill a woman. You're inclined to dismiss the threat as idle, but you aren't sure. Should you report the threat to the police and the woman or should you remain silent as the principle of confidentiality between psychiatrist and patient demands? Should there be a law that compels you to report such threats?
Jim has the responsibility of filling a position in his firm. His friend Paul has applied and is qualified, but someone else seems even more qualified. Jim wants to give the job to Paul, but he feels guilty, believing that he ought to be impartial. That's the essence of morality, he initially tells himself. This belief is, however, rejected, as Jim resolves that friendship has a moral importance that permits, and perhaps even requires, partiality in some circumstances. So he gives the job to Paul. Was he right?
A friend confides to you that he has committed a particular crime and you promise never to tell. Discovering that an innocent person has been accused of the crime, you plead with your friend to give himself up. He refuses and reminds you of your promise. What should you do? In general, under what conditions should promises be broken?
In October 1990, Jeffrey Cain was killed in a road rage shooting in Anchorage, Alaska. When George Kerr informed on the friends who had done the shooting, he said, "I usually wouldn't rat out my friends, but this is just so severe I got to do it." "Just so severe" is the issue. After their conviction, the friends arranged from prison, in a conspiracy including the pregnant sister of one defendant, to have a bomb sent to Kerr's house. Kerr wasn't home, and the bomb killed his father. All the conspirators, including the sister, were convicted of the murder.
A long time Governor of a Southern State is elected President of the United States on a platform that includes strong support for laws against sexual harassment. After he is in office, it comes out that he may have used State Troopers, on duty to protect him as Governor, to pick up women for him. One of the women named in the national press stories as having been brought to the Governor for sex felt defamed because she had actually rebuffed his crude advances, even though he had said that he knew her boss -- she was a State employee. She decides to clear her name by suing the now President for sexual harassment. The Supreme Court allows the suit to proceed against the sitting President. Because the sexual harassment laws have been recently expanded, with the President's agreement, to allow testimony about the history of sexual conduct of the accused harasser, the President is questioned under oath about rumors of an affair with a young White House intern. He strongly denies that any sexual relationship had ever taken place, and professes not to remember if he was even ever alone with the intern. Later, incontrovertible evidence is introduced -- the President's own semen on the intern's dress -- that establishes the existence of the rumored sexual relationship. The President then finally admits only to an ambiguous "improper relationship." So the dilemma is: Is it hypocritical of the President and his supporters to continued to support the sexual harassment and perjury laws if they do not want him to be subject to the ordinary penalties for breaking them? Or, are the political purposes of the President's supporters in keeping him in office more important than this?