The Trolley Problem

El autor recobra las fuentes originales del llamado Dilema del Tranvía pues considera que existe confusión sobre quién es el autor original. Sostiene que no es Phillipa Foot como suele citarse comúnmente, ni siquiera Judith Thomson, sino que sus raíces son más lejanas y se encuentran en dos juristas alemanes: Hans Welzel y, aún antes, Karl Engisch. Propone que la solución al dilema está dada desde el Derecho positivo y no en especulaciones consecuencialistas. ABSTRACT The author recovers the original sources (...) of the so-called Trolley Dilemma because he considers that there is confusion about who the original author is. He argues that it is not Phillipa Foot as it is commonly cited, not even Judith Thomson, but that its roots are more distant and are found in two German jurists: Hans Welzel and, even earlier, Karl Engisch. Proposes that the solution to the dilemma is given from the positive law and not in consequentialist speculations. (shrink)

With their prospect for causing both novel and known forms of damage, harm and injury, the issue of responsibility has been a recurring theme in the debate concerning autonomous vehicles. Yet, the discussion of responsibility has obscured the finer details both between the underlying concepts of responsibility, and their application to the interaction between human beings and artificial decision-making entities. By developing meaningful distinctions and examining their ramifications, this article contributes to this debate by refining the underlying concepts that together (...) inform the idea of responsibility. Two different approaches are offered to the question of responsibility and autonomous vehicles: targeting and risk distribution. The article then introduces a thought experiment which situates autonomous vehicles within the context of crash optimisation impulses and coordinated or networked decision-making. It argues that guiding ethical frameworks overlook compound or aggregated effects which may arise, and which can lead to subtle forms of structural discrimination. Insofar as such effects remain unrecognised by the legal systems relied upon to remedy them, the potential for societal inequalities is increased and entrenched, situations of injustice and impunity may be unwittingly maintained. This second set of concerns may represent a hitherto overlooked type of responsibility gap arising from inadequate accountability processes capable of challenging systemic risk displacement. (shrink)

Trolley cases are widely considered central to the ethics of autonomous vehicles. We caution against this by identifying four problems. Trolley cases, given technical limitations, rest on assumptions that are in tension with one another. Furthermore, trolley cases illuminate only a limited range of ethical issues insofar as they cohere with a certain design framework. Furthermore, trolley cases seem to demand a moral answer when a political answer is called for. Finally, trolley cases might be epistemically problematic in several ways. (...) To put forward a positive proposal, we illustrate how ethical challenges arise from mundane driving situations. We argue that mundane situations are relevant because of the specificity they require and the scale they exhibit. We then illustrate some of the ethical challenges arising from optimizing for safety, balancing safety with other values such as mobility, and adjusting to incentives of legal frameworks. (shrink)

Resumen: En este artículo se analizan cinco argumentos a favor del deontologismo. Sin embargo, considera que ninguno de ellos es suficiente para sostener que una ética por principios deba ser preferible a una ética por consenso o utilitarista. Concluye que lo anterior, no cancela la necesidad de adoptar una legitimidad conceptual que los derechos humanos reclaman. Desde una racionalidad teórica, una ética normativa no podrá ser jamás justificada, en cambio, desde una racionalidad práctica, considera el autor que es mejor seguir (...) creyendo en la valía de los derechos humanos como un imperativo universal, aunque racionalmente indemostrable. (shrink)

In the Trolley Case, as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

(This is a book review of Mark Fedyk's The Social Turn in Moral Psychology.) Mark Fedyk argues persuasively for both the importance and the perils of interdisciplinarity in studies of ethical life. The book is dense with incisive argumentation and innovative proposals for integrating moral, social, and political philosophy with the psychological and social sciences. It will be of interest to aprioristically inclined normative and social theorists peeking over the fence at the empirical side of things, to experimentalists trying to (...) operationalize or intervene upon real-world ethical thought and action—and to everyone in between... (shrink)

Self-driving cars currently face a lot of technological problems that need to be solved before the cars can be widely used. However, they also face ethical problems, among which the question of crash-optimization algorithms is most prominently discussed. Reviewing current debates about whether we should use the ethics of the Trolley Dilemma as a guide towards designing self-driving cars will provide us with insights about what exactly ethical research does. It will result in the view that although we need the (...) ethics of the Trolley Dilemma as important input for self-driving cars, the route towards simply implementing it into automated cars is blocked. (shrink)

I focus on the question as to what rationale could possibly underlie the doctrine of double effect or related principles. I first briefly review the correct critiques of the claim that people who intend some evil as a means to a good must be “guided by evil,” and that this is allegedly always wrong. I then argue that Quinn’s claim that violations of the DDE express certain negative attitudes of the agent and that agents violating the DDE must make an (...) additional morally problematic presumption regarding their victims is mistaken. Tadros claims that an agent violating the means principle must force his victims to adopt his goals. I demonstrate that the difference Tadros tries to construe between an agent inflicting intended harm and an agent inflicting merely foreseen harm is non-existent. Sarch’s official rationale for the DDE also fails to distinguish harming as a means from side-effect harming, and reformulations of his rationale that suggest themselves run into severe problems. Walen’s defense of the means principle in terms of the “restricting claims principle” and Øverland’s appeal to “moral obstacles” are susceptible to counter-examples and appear to be question-begging. Recently, Walen has offered a revised formulation of his Restricting Claims Principle, claiming that it overcomes counter-examples and explains the means principle. I will argue that it contradicts the means principle and does not overcome the counter-examples. Thus I conclude that so far we are still left without a reasonable rationale for the DDE or related principles. (shrink)

Arguing against the doctrine of double effect, Bennett claims that the terror bomber only intends to make his victims appear dead. An obvious reply is that he intends to make them appear dead by killing them. I argue that the alleged refutations of this reply rest on a mistaken test question to determine what an agent intends, as Bennett's own test question confirms, and that Bennett is misled by confusing metaphorical death and literal death. Moreover, Bennett's argument is half-hearted anyway, (...) and going the whole way would not only undermine the DDE but also Quinn's revision of it. (shrink)

There are different formulations of the doctrine of double effect, and sometimes philosophers propose “revisions” or alternatives, like the means principle, for instance. To demonstrate that such principles are needed in the first place, one would have to compare cases in which all else is equal and show that the difference in intuitions, if any, can only be explained by the one remaining difference and thus by the principle in question. This is not the methodology defenders of the DDE and (...) of related principles use, however. I will discuss how they actually proceed, focusing on their preferred four pairs of examples. While these examples might have rhetorical force, they are nevertheless philosophically and methodologically useless. As a corrective, I shall offer examples that do keep all else equal. These examples undermine the DDE and related principles. I then argue that while the Loop case and the “closeness” problem in the context of Jonathan Bennett’s Sophisticated Bomber example might once have been an embarrassment of sorts for defenders of the DDE, meanwhile their discussion serves as a convenient distraction from the many clear examples disproving the DDE and related principles. I conclude that the methodological mistakes found in defenses of the DDE – the biased framing, the rigged examples, the empirically unwarranted claims about how widely shared certain intuitions are, and the avoidance of the strongest counter-examples – can only be explained by systematic bias. There is simply no sufficient intuitive support for the DDE or related principles. Thus, instead of looking for their “rationales,” they should be abandoned. (shrink)

Argues that ignorance of who will die makes a difference to the ethics of killing. It follows that reasons are subject to ‘specificity’: it can be rational to respond more strongly to facts that provide us with reasons than to the fact that such reasons exist. In the case of killing and letting die, these reasons are distinctively particular: they turn on personal acquaintance. The theory of rights must be, in part, a theory of this relation.

Many philosophers, psychologists, and medical practitioners believe that killing is no worse than letting die on the basis of James Rachels's Bare-Difference Argument. I show that his argument is unsound. In particular, a premise of the argument is that his examples are as similar as is consistent with one being a case of killing and the other being a case of letting die. However, the subject who lets die has both the ability to kill and the ability to let die (...) while the subject who kills lacks the ability to let die. Modifying the latter example so that the killer has both abilities yields a pair of cases with morally different acts. The hypothesis that killing is worse than letting die is the best explanation of this difference. (shrink)

Argues that the ethics of killing and saving lives is best described by agent-neutral consequentialism, not by appeal to agent-centred restrictions. It does not follow that killings are worse than accidental deaths or that you should kill one to prevent more killings. The upshot is a puzzle about killing and letting die.

A rigorous treatment of a thought experiment that has become notorious within and outside of philosophy - The Trolley Problem - by one of the most influential moral philosophers alive todaySuppose you can stop a trolley from killing five people, but only by turning it onto a side track where it will kill one. May you turn the trolley? What if the only way to rescue the five is to topple a bystander in front of the trolley so that his (...) body stops it but he dies? May you use a device to stop the trolley that will kill a bystander as a side effect? The "Trolley Problem" challenges us to explain and justify our different intuitive judgments about these and related cases and has spawned a huge literature. F.M. Kamm's 2013 Tanner Lectures present some of her views on this notorious moral conundrum. After providing a brief history of changing views of what the problem is about and attempts to solve it, she focuses on two prominent issues: Does who turns the trolley and how the harm is shifted affect the moral permissibility of acting? The answers to these questions lead to general proposals about when we may and may not harm some to help others. Three distinguished philosophers - Judith Jarvis Thomson, Thomas Hurka, and Shelly Kagan - then comment on Kamm's proposals. She responds to each comment at length, providing an exceptionally rich elaboration and defense of her views. The Trolley Problem Mysteries is an invaluable resource not only to philosophers concerned about the Trolley Problem, but to anyone worried about how we ought to act when we can lessen harm to some by harming others and how we can reach a decision about the question. (shrink)

The Trolley Problem Mysteries considers whether who turns the trolley and/or how it is turned affect the moral permissibility of acting and suggests general proposals for when we may and may not harm some people to help others.

This discussion attempts to show that the elusive solution to the trolley problem lies hidden in the solution to another perennial problem in moral philosophy: the ducking puzzle. The key to solving the ducking puzzle is an important, but overlooked, exception to our obligation not to harm others, an exception for , which, it is argued here, is also the key to solving the trolley problem.

Argues for the role of personal acquaintance in both love and concern for individuals, as such. The challenge is to say what personal acquaintance is and why it matters in the way it does. These questions are addressed through the work of Emmanuel Levinas. Topics include: the ethics of aggregation, the basis of moral standing, and the value of human life.

Elaborating on the notions that humans possess different modalities of decision-making and that these are often influenced by moral considerations, we conducted an experimental investigation of the Trolley Problem. We presented the participants with two standard scenarios (‹lever’ and ‹stranger’) either in the usual or in reversed order. We observe that responses to the lever scenario, which result from (moral) reasoning, are affected by our manipulation; whereas responses to the stranger scenario, triggered by moral emotions, are unaffected. Furthermore, when asked (...) to express general moral opinions on the themes of the Trolley Problem, about half of the participants reveal some inconsistency with the responses they had previously given. (shrink)

Self-driving cars hold out the promise of being safer than manually driven cars. Yet they cannot be a 100 % safe. Collisions are sometimes unavoidable. So self-driving cars need to be programmed for how they should respond to scenarios where collisions are highly likely or unavoidable. The accident-scenarios self-driving cars might face have recently been likened to the key examples and dilemmas associated with the trolley problem. In this article, we critically examine this tempting analogy. We identify three important ways (...) in which the ethics of accident-algorithms for self-driving cars and the philosophy of the trolley problem differ from each other. These concern: the basic decision-making situation faced by those who decide how self-driving cars should be programmed to deal with accidents; moral and legal responsibility; and decision-making in the face of risks and uncertainty. In discussing these three areas of disanalogy, we isolate and identify a number of basic issues and complexities that arise within the ethics of the programming of self-driving cars. (shrink)

This book argues that critics of consequentialism have not been able to make a successful and comprehensive case against all versions of consequentialism because they have been using the wrong methodology. This methodology relies on the crucial assumption that consequentialist theories share a defining characteristic. This text interprets consequentialism, instead, as a family resemblance term. On that basis, it argues quite an ambitions claim, viz. that all versions of consequentialism should be rejected, including those that have been created in response (...) to conventional criticisms. The book covers a number of classic themes in normative ethics, metaethics and, particularly, ethical methodology and also touches upon certain aspects of experimental moral philosophy. It is written in clear language and is analytic in its argumentative style. As such, the book should appeal to students, graduate students as well as professional academics with an interest in analytic moral philosophy. (shrink)

For ambitious metaphysical neo-sentimentalists, all normative facts are grounded in fitting attitudes, where fittingness is understood in naturalistic terms. In this paper, I offer a neo-sentimentalist account of blameworthiness in terms of the reactive attitudes of a morally authoritative subject I label a Nagelian Imp. I also argue that moral impermissibility is indirectly linked to blameworthiness: roughly, an act is morally impermissible if and only if and because it is not *possible* in the circumstances to adopt a plan of performing (...) it without meriting blame, assuming the agent is rational, informed, and meets the conditions of accountability. (shrink)

There has been a great deal of philosophical discussion about using people, using people intentionally, using people as a means to some end, and using people merely as a means to some end. In this paper, I defend the following claim about using people: NOT ALWAYS WRONG: using people—even merely as a means—is not always morally objectionable. Having defended that claim, I suggest that the following claim is also correct: NO ONE FEATURE: when it is morally objectionable to use people, (...) this is for many different kinds of reasons—there is no one wrong-making feature that every morally objectionable using has in common. After discussing these claims, I use them to present and motivate what I call the “precaution” theory of norms against using people. I conclude by considering a few cases from the criminal law context—cases that are naturally described as using people—to assess the moral appropriateness of this kind of use in these cases, and to demonstrate how the theory applies to the real world. (shrink)

Bankers have a reputation for deviating from standard morals. It is an open question, though, if this claim can be substantiated. Here, it is tested directly if bankers respond differently to moral dilemmas. Evaluations of the moral acceptableness of behavioural options in two trolley cases by bankers (n = 23) are compared to those of ordinary people (n = 274). An apparent difference in response behaviour between the groups can be fully explained by a difference in the response behaviour of (...) men and women. When controlling for gender, no differences between bankers and other people remain. (shrink)

I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended means or end.

Ethics Without Intention tackles the questions raised by difficult moral dilemmas by providing a critical analysis of double effect and its most common ethical and political applications. The book discusses the philosophical distinction between intended harm and foreseen but unintended harm. This distinction, which, according to the doctrine of double effect, makes a difference to the moral justification of actions, is widely applied to some of the most controversial ethical and political questions of our time: collateral damages in wars and (...) acts of terrorism; palliative care, euthanasia, abortion, and embryo research; self-defence, suicide, and self-sacrifice. It is also crucial to the now notorious theoretical cases of the trolley problem and the knobe effect. -/- Di Nucci approaches the doctrine of double effect from four key directions: its historical origins, which can be traced further back than the classic attribution to Aquinas; its theoretical coherence, which is the subject of a lively contemporary debate in philosophy; its moral intuitiveness, which has always been taken for granted but has recently begun to be questioned; and finally its relevance to the difficult moral and political decisions of our time. An engaging and comprehensive introduction to the doctrine of double effect. (shrink)

In recent years, a number of philosophers have conducted empirical studies that survey people's intuitions about various subject matters in philosophy. Some have found that intuitions vary accordingly to seemingly irrelevant facts: facts about who is considering the hypothetical case, the presence or absence of certain kinds of content, or the context in which the hypothetical case is being considered. Our research applies this experimental philosophical methodology to Judith Jarvis Thomson's famous Loop Case, which she used to call into question (...) the validity of the intuitively plausible Doctrine of Double Effect. We found that intuitions about the Loop Case vary according to the context in which the case is considered. We contend that this undermines the supposed evidential status of intuitions about the Loop Case. We conclude by considering the implications of our findings for philosophers who rely on the Loop Case to make philosophical arguments and for philosophers who use intuitions in general. (shrink)

Many political libertarians argue, or assume, that negative moral duties (duties not to harm others) prevail over positive moral duties (duties to aid others), and that the legal system ought to reflect such pre-eminence. I call into question this strategy for defending a libertarian order. I start by arguing that a successful account of the well-known case of a runaway trolley that is about to kill five innocents unless a passer-by diverts it onto one innocent, killing him, should point to (...) (i) the ex ante advantage to all six of being subject to a policy of redirection of runaway trolleys, and (ii) the causal structure of killing vs. letting-die choices. I then argue that this account of the trolley case entails that legal systems reflecting the relative stringency of negative and positive moral duties should uphold redistributive measures at odds with libertarianism. The assumption that the legal system ought to reflect, through non-causal routes, moral principles and their relative weights leads to either an ideal-theory (in Rawls's sense) assessment of libertarianism or a symbolic account of the relationships between morality and law. Libertarians should undermine this assumption if they hope to offer an all-things-considered case for free markets. (shrink)

I analyse the relationship between the Doctrine of Double Effect and the Trolley Problem: the former offers a solution for the latter only on the premise that killing the one in Bystander at the Switch is permissible. Here I offer both empirical and theoretical arguments against the permissibility of killing the one: firstly, I present data from my own empirical studies according to which the intuition that killing the one is permissible is neither widespread nor stable; secondly, I defend a (...) normative principle according to which killing the one in Bystander at the Switch is not permissible. In conclusion, there just is no trolley problem. (shrink)

Noradrenergic pathways are involved in mediating the central and peripheral effects of physiological arousal. The aim of the present study was to investigate the role of noradrenergic transmission in moral decision-making. We studied the effects in healthy volunteers of propranolol (a noradrenergic beta-adrenoceptor antagonist) on moral judgement in a set of moral dilemmas pitting utilitarian outcomes (e.g., saving five lives) against highly aversive harmful actions (e.g., killing an innocent person) in a double-blind, placebo-controlled, parallel group design. Propranolol (40 mg orally) (...) significantly reduced heart rate, but had no effect on self-reported mood. Importantly, propranolol made participants more likely to judge harmful actions as morally unacceptable, but only in dilemmas where harms were ‘up close and personal’. In addition, longer response times for such personal dilemmas were only found for the placebo group. Finally, judgments in personal dilemmas by the propranolol group were more decisive. These findings indicate that noradrenergic pathways play a role in responses to moral dilemmas, in line with recent work implicating emotion in moral decision-making. However, contrary to current theorising, these findings also suggest that aversion to harming is not driven by emotional arousal. Our findings are also of significant practical interest given that propranolol is a widely used drug in different settings, and is currently being considered as a potential treatment for post-traumatic stress disorder in military and rescue service personnel. (shrink)

One of the reasons why most of us feel puzzled about the problem of abortion is that we want, and do not want, to allow to the unborn child the rights that belong to adults and children. When we think of a baby about to be born it seems absurd to think that the next few minutes or even hours could make so radical a difference to its status; yet as we go back in the life of the fetus we (...) are more and more reluctant to say that this is a human being and must be treated as such. No doubt this is the deepest source of our dilemma, but it is not the only one. For we are also confused about the general question of what we may and may not do where the interests of human beings conflict. We have strong intuitions about certain cases; saying, for instance, that it is all right to raise the level of education in our country, though statistics allow us to predict that a rise in the suicide rate will follow, while it is not all right to kill the feeble-minded to aid cancer research. It is not easy, however, to see the principles involved, and one way of throwing light on the abortion issue will be by setting up parallels involving adults or children once born. So we will be able to isolate the “equal rights” issue and should be able to make some advance... (shrink)

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical test by asking (...) people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)