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  • This is a course about Justice and we begin with a story

  • suppose you're the driver of a trolley car,

  • and your trolley car is hurdling down the track at sixty miles an hour

  • and at the end of the track you notice five workers working on the track

  • you tried to stop but you can't

  • your brakes don't work

  • you feel desperate because you know

  • that if you crash into these five workers

  • they will all die

  • let's assume you know that for sure

  • and so you feel helpless

  • until you notice that there is

  • off to the right

  • a side track

  • at the end of that track

  • there's one worker

  • working on track

  • you're steering wheel works

  • so you can

  • turn the trolley car if you want to

  • onto this side track

  • killing the one

  • but sparing the five.

  • Here's our first question

  • what's the right thing to do?

  • What would you do?

  • Let's take a poll,

  • how many

  • would turn the trolley car onto the side track?

  • How many wouldn't?

  • How many would go straight ahead

  • keep your hands up, those of you who'd go straight ahead.

  • A handful of people would, the vast majority would turn

  • let's hear first

  • now we need to begin to investigate the reasons why you think

  • it's the right thing to do. Let's begin with those in the majority, who would turn

  • to go onto side track?

  • Why would you do it,

  • what would be your reason?

  • Who's willing to volunteer a reason?

  • Go ahead, stand up.

  • Because it can't be right to kill five people when you can only kill one person instead.

  • it wouldn't be right to kill five

  • if you could kill one person instead

  • that's a good reason

  • that's a good reason

  • who else?

  • does everybody agree with that

  • reason? go ahead.

  • Well I was thinking it was the same reason it was on

  • 9/11 we regard the people who flew the plane

  • who flew the plane into the

  • Pennsylvania field as heroes

  • because they chose to kill the people on the plane

  • and not kill more people

  • in big buildings.

  • So the principle there was the same on 9/11

  • it's tragic circumstance,

  • but better to kill one so that five can live

  • is that the reason most of you have, those of you who would turn, yes?

  • Let's hear now

  • from

  • those in the minority

  • those who wouldn't turn.

  • Well I think that same type of mentality that justifies genocide and totalitarianism

  • in order to save one type of race you wipe out the other.

  • so what would you do in this case? You would

  • to avoid

  • the horrors of genocide

  • you would crash into the five and kill them?

  • Presumably yes.

  • okay who else?

  • That's a brave answer, thank you.

  • Let's consider another

  • trolley car case

  • and see

  • whether

  • those of you in the majority

  • want to adhere to the principle,

  • better that one should die so that five should live.

  • This time you're not the driver of the trolley car, you're an onlooker

  • standing on a bridge overlooking a trolley car track

  • and down the track comes a trolley car

  • at the end of the track are five workers

  • the brakes don't work

  • the trolley car is about to careen into the five and kill them

  • and now

  • you're not the driver

  • you really feel helpless

  • until you notice

  • standing next to you

  • leaning over

  • the bridge

  • is it very fat man.

  • And you could

  • give him a shove

  • he would fall over the bridge

  • onto the track

  • right in the way of

  • the trolley car

  • he would die

  • but he would spare the five.

  • Now, how many would push

  • the fat man over the bridge? Raise your hand.

  • How many wouldn't?

  • Most people wouldn't.

  • Here's the obvious question,

  • what became

  • of the principle

  • better to save five lives even if it means sacrificing one, what became of the principal

  • that almost everyone endorsed

  • in the first case

  • I need to hear from someone who was in the majority in both

  • cases is

  • how do you explain the difference between the two?

  • The second one I guess involves an active choice of

  • pushing a person

  • and down which

  • I guess that

  • that person himself would otherwise not have been involved in the situation at all

  • and so

  • to choose on his behalf I guess

  • to

  • involve him in something that he otherwise would have this escaped is

  • I guess more than

  • what you have in the first case where

  • the three parties, the driver and

  • the two sets of workers are

  • already I guess in this situation.

  • but the guy working, the one on the track off to the side

  • he didn't choose to sacrifice his life any more than the fat guy did, did he?

  • That's true, but he was on the tracks.

  • this guy was on the bridge.

  • Go ahead, you can come back if you want.

  • Alright, it's a hard question

  • but you did well you did very well it's a hard question.

  • who else

  • can

  • find a way of reconciling

  • the reaction of the majority in these two cases? Yes?

  • Well I guess

  • in the first case where

  • you have the one worker and the five

  • it's a choice between those two, and you have to

  • make a certain choice and people are going to die because of the trolley car

  • not necessarily because of your direct actions. The trolley car is a runway,

  • thing and you need to make in a split second choice

  • whereas pushing the fat man over is an actual act of murder on your part

  • you have control over that

  • whereas you may not have control over the trolley car.

  • So I think that it's a slightly different situation.

  • Alright who has a reply? Is that, who has a reply to that? no that was good, who has a way

  • who wants to reply?

  • Is that a way out of this?

  • I don't think that's a very good reason because you choose

  • either way you have to choose who dies because you either choose to turn and kill a person

  • which is an act of conscious

  • thought to turn,

  • or you choose to push the fat man

  • over which is also an active

  • conscious action so either way you're making a choice.

  • Do you want to reply?

  • Well I'm not really sure that that's the case, it just still seems kind of different, the act of actually

  • pushing someone over onto the tracks and killing them,

  • you are actually killing him yourself, you're pushing him with your own hands you're pushing and

  • that's different

  • than steering something that is going to cause death

  • into another...you know

  • it doesn't really sound right saying it now when I'm up here.

  • No that's good, what's your name?

  • Andrew.

  • Andrew and let me ask you this question Andrew,

  • suppose

  • standing on the bridge

  • next to the fat man

  • I didn't have to push him, suppose he was standing

  • over a trap door that I could open by turning a steering wheel like that

  • would you turn it?

  • For some reason that still just seems more

  • more wrong.

  • I mean maybe if you just accidentally like leaned into this steering wheel or something like that

  • or but,

  • or say that the car is

  • hurdling towards a switch that will drop the trap

  • then I could agree with that.

  • Fair enough, it still seems

  • wrong in a way that it doesn't seem wrong in the first case to turn, you say

  • An in another way, I mean in the first situation you're involved directly with the situation

  • in the second one you're an onlooker as well.

  • So you have the choice of becoming involved or not by pushing the fat man.

  • Let's forget for the moment about this case,

  • that's good,

  • but let's imagine a different case. This time your doctor in an emergency room

  • and six patients come to you

  • they've been in a terrible trolley car wreck

  • five of them sustained moderate injuries one is severely injured you could spend all day

  • caring for the one severely injured victim,

  • but in that time the five would die, or you could look after the five, restore them to health, but

  • during that time the one severely injured

  • person would die.

  • How many would save

  • the five

  • now as the doctor?

  • How many would save the one?

  • Very few people,

  • just a handful of people.

  • Same reason I assume,

  • one life versus five.

  • Now consider

  • another doctor case

  • this time you're a transplant surgeon

  • and you have five patients each in desperate need

  • of an organ transplant in order to survive

  • on needs a heart one a lung,

  • one a kidney,

  • one a liver

  • and the fifth

  • a pancreas.

  • And you have no organ donors

  • you are about to

  • see you them die

  • and then

  • it occurs to you

  • that in the next room

  • there's a healthy guy who came in for a checkup.

  • and he is

  • you like that

  • and he's taking a nap

  • you could go in very quietly

  • yank out the five organs, that person would die

  • but you can save the five.

  • How many would do it? Anyone?

  • How many? Put your hands up if you would do it.

  • Anyone in the balcony?

  • You would? Be careful don't lean over too much

  • How many wouldn't?

  • All right.

  • What do you say, speak up in the balcony, you who would

  • yank out the organs, why?

  • I'd actually like to explore slightly alternate

  • possibility of just taking the one

  • of the five he needs an organ who dies first

  • and using their four healthy organs to save the other four

  • That's a pretty good idea.

  • That's a great idea

  • except for the fact

  • that you just wrecked the philosophical point.

  • Let's step back

  • from these stories and these arguments

  • to notice a couple of things

  • about the way the arguments have began to unfold.

  • Certain

  • moral principles

  • have already begun to emerge

  • from the discussions we've had

  • and let's consider

  • what those moral principles

  • look like

  • the first moral principle that emerged from the discussion said

  • that the right thing to do the moral thing to do

  • depends on the consequences that will result

  • from your action

  • at the end of the day

  • better that five should live

  • even if one must die.

  • That's an example

  • of consequentialist

  • moral reasoning.

  • consequentialist moral reasoning locates morality in the consequences of an act. In the state of the

  • world that will result

  • from the thing you do

  • but then we went a little further, we considered those other cases

  • and people weren't so sure

  • about

  • consequentialist moral reasoning

  • when people hesitated

  • to push the fat man

  • over the bridge

  • or to yank out the organs of the innocent

  • patient

  • people gestured towards

  • reasons

  • having to do

  • with the intrinsic

  • quality of the act

  • itself.

  • Consequences be what they may.

  • People were reluctant

  • people thought it was just wrong

  • categorically wrong

  • to kill

  • a person

  • an innocent person

  • even for the sake

  • of saving

  • five lives, at least these people thought that

  • in the second

  • version of each story we reconsidered

  • so this points

  • a second

  • categorical

  • way

  • of thinking about

  • moral reasoning

  • categorical moral reasoning locates morality in certain absolute moral requirements in

  • certain categorical duties and rights

  • regardless of the consequences.

  • We're going to explore

  • in the days and weeks to come the contrast between

  • consequentialist and categorical moral principles.

  • The most influential

  • example of

  • consequential moral reasoning is utilitarianism, a doctrine invented by

  • Jeremy Bentham, the eighteenth century English political philosopher.

  • The most important

  • philosopher of categorical moral reasoning

  • is the

  • eighteenth century German philosopher Emmanuel Kant.

  • So we will look

  • at those two different modes of moral reasoning

  • assess them

  • and also consider others.

  • If you look at the syllabus, you'll notice that we read a number of great and famous books.

  • Books by Aristotle

  • John Locke

  • Emanuel Kant, John Stuart Mill,

  • and others.

  • You'll notice too from the syllabus that we don't only read these books,

  • we also all

  • take up

  • contemporary political and legal controversies that raise philosophical questions.

  • We will debate equality and inequality,

  • affirmative action,

  • free speech versus hate speech,

  • same sex marriage, military conscription,

  • a range of practical questions, why

  • not just to enliven these abstract and distant books

  • but to make clear to bring out what's at stake in our everyday lives including our political

  • lives,

  • for philosophy.

  • So we will read these books

  • and we will debate these

  • issues and we'll see how each informs and illuminates the other.

  • This may sound appealing enough

  • but here

  • I have to issue a warning,

  • and the warning is this

  • to read these books

  • in this way,

  • as an exercise in self-knowledge,

  • to read them in this way carry certain risks

  • risks that are both personal and political,

  • risks that every student of political philosophy have known.

  • These risks spring from that fact

  • that philosophy

  • teaches us

  • and unsettles us

  • by confronting us with what we already know.

  • There's an irony

  • the difficulty of this course consists in the fact that it teaches what you already know.

  • It works by taking

  • what we know from familiar unquestioned settings,

  • and making it strange.

  • That's how those examples worked

  • worked

  • the hypotheticals with which we began with their mix of playfulness and sobriety.

  • it's also how these philosophical books work. Philosophy

  • estranges us

  • from the familiar

  • not by supplying new information

  • but by inviting

  • and provoking

  • a new way of seeing

  • but, and here's the risk,

  • once

  • the familiar turns strange,

  • it's never quite the same again.

  • Self-knowledge

  • is like lost innocence,

  • however unsettling

  • you find it,

  • it can never

  • be unthought

  • or unknown

  • what makes this enterprise difficult

  • but also riveting,

  • is that

  • moral and political philosophy is a story

  • and you don't know where this story will lead but what you do know

  • is that the story

  • is about you.

  • Those are the personal risks,

  • now what of the political risks.

  • one way of introducing of course like this

  • would be to promise you

  • that by reading these books

  • and debating these issues

  • you will become a better more responsible citizen.

  • You will examine the presuppositions of public policy, you will hone your political

  • judgment

  • you'll become a more effective participant in public affairs

  • but this would be a partial and misleading promise

  • political philosophy for the most part hasn't worked that way.

  • You have to allow for the possibility

  • that political philosophy may make you a worse citizen

  • rather than a better one

  • or at least a worse citizen

  • before it makes you

  • a better one

  • and that's because philosophy

  • is a distancing

  • even debilitating

  • activity

  • And you see this

  • going back to Socrates

  • there's a dialogue, the Gorgias

  • in which one of Socrates' friends

  • Calicles

  • tries to talk him out

  • of philosophizing.

  • calicles tells Socrates philosophy is a pretty toy

  • if one indulges in it with moderation at the right time of life

  • but if one pursues it further than one should it is absolute ruin.

  • Take my advice calicles says,

  • abandon argument

  • learn the accomplishments of active life, take

  • for your models not those people who spend their time on these petty quibbles,

  • but those who have a good livelihood and reputation

  • and many other blessings.

  • So Calicles is really saying to Socrates

  • quit philosophizing,

  • get real

  • go to business school

  • and calicles did have a point

  • he had a point

  • because philosophy distances us

  • from conventions from established assumptions

  • and from settled beliefs.

  • those are the risks,

  • personal and political

  • and in the face of these risks there is a characteristic evasion,

  • the name of the evasion is skepticism. It's the idea

  • well it goes something like this

  • we didn't resolve, once and for all,

  • either the cases or the principles we were arguing when we began

  • and if Aristotle

  • and Locke and Kant and Mill haven't solved these questions after all of these years

  • who are we to think

  • that we here in Sanders Theatre over the course a semester

  • can resolve them

  • and so maybe it's just a matter of

  • each person having his or her own principles and there's nothing more to be said about

  • it

  • no way of reasoning

  • that's the

  • evasion. The evasion of skepticism

  • to which I would offer the following

  • reply:

  • it's true

  • these questions have been debated for a very long time

  • but the very fact

  • that they have reoccurred and persisted

  • may suggest

  • that though they're impossible in one sense

  • their unavoidable in another

  • and the reason they're unavoidable

  • the reason they're inescapable is that we live some answer

  • to these questions every day.

  • So skepticism, just throwing up their hands and giving up on moral reflection,

  • is no solution

  • Emanuel Kant

  • described very well the problem with skepticism when he wrote

  • skepticism is a resting place for human reason

  • where it can reflect upon its dogmatic wanderings

  • but it is no dwelling place for permanent settlement.

  • Simply to acquiesce in skepticism, Kant wrote,

  • can never suffice to overcome the restless of reason.

  • I've tried to suggest through theses stories and these arguments

  • some sense of the risks and temptations

  • of the perils and the possibilities I would simply conclude by saying

  • that the aim of this course

  • is to awaken

  • the restlessness of reason

  • and to see where it might lead

  • thank you very much.

This is a course about Justice and we begin with a story

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