Questions of what a self-driving car ought to do if it encounters a situation analogous to the ‘trolley problem’ have dominated recent discussion of the ethics of self-driving cars. This paper argues that this interest is misplaced. If a trolley-style dilemma situation actually occurs, given the limits on what information will be available to the car, the dynamics of braking and tyre traction determine that, irrespective of outcome, it is always least risky for the car to brake in a straight (...) line rather than swerve. (shrink)

While many philosophers of law spend their careers exploring the warrens of a single neighbourhood within the sprawling cities of the philosophy of law, Larry Alexander has rambled widely, exploring obscure alleyways and dense downtowns, making significant and influential contributions along the way. The volume under review, a Festschrift in his honour, draws from a correspondingly wide range of areas of scholarship, from the philosophy of criminal law and punishment to constitutional law, from analytic jurisprudence to moral philosophy. Thus, given (...) the breadth and depth of Alexander’s influence, this volume provides a partial snapshot of some of the major preoccupations of American legal theory over the last few decades. In light of the breadth of topics considered, as well as its substantial length—the book includes twenty‐two papers, an introduction by Heidi Hurd, the editor, and a substantial reply by Alexander—my discussion is selective and evocative, rather than comprehensive and detailed. All the more so, as many of the papers are important contributions in their own right that merit close scrutiny. (shrink)

Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, by HeidiHurd, ed. Cambridge: Cambridge University Press, 2019. Pp. xxvi + 488.

Journal of Political Philosophy, EarlyView.

This paper deals with the core version of the Trolley Problem. In one case many people favor an act which will bring about the death of one person but save five other persons. In another case most people would refuse to “sacrifice” one person in order to save five other lives. Since the two cases seem similar in all relevant respects, we have to explain and justify the diverging verdicts. Since I don’t find current proposals of a solution convincing, I (...) propose an alternative one according to which —but not —violates two forms of equality. I also test the underlying egalitarian principle against other cases. I argue that it offers a good explanation and also a normative justification of our intuitive verdicts about the cases. (shrink)

This paper deals with the core version of the Trolley Problem. In one case many people favor an act which will bring about the death of one person but save five other persons. In another case most people would refuse to “sacrifice” one person in order to save five other lives. Since the two cases seem similar in all relevant respects, we have to explain and justify the diverging verdicts. Since I don’t find current proposals of a solution convincing, I (...) propose an alternative one according to which —but not —violates two forms of equality. I also test the underlying egalitarian principle against other cases. I argue that it offers a good explanation and also a normative justification of our intuitive verdicts about the cases. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

Bioethics has increasingly become a standard part of medical school education and the training of healthcare professionals more generally. This is a promising development, as it has the potential to help future practitioners become more attentive to moral concerns and, perhaps, better moral reasoners. At the same time, there is growing recognition within bioethics that nonideal theory can play an important role in formulating normative recommendations. In this chapter we discuss what this shift toward nonideal theory means for ethical curricula (...) within healthcare education. In particular, we contend that more attention to the particularities of historical and social context needs to be incorporated into bioethics training. To make this argument, we focus on two examples: teaching units on race and medicine and those that focus on stigma and coercion in mental health. For both, we show how a pedagogical approach in which educators focus on social injustice could influence how practitioners engage in ethics in the clinic. This chapter, then, demonstrates what a commitment to nonideal theory can mean practically when it comes to bioethics education. (shrink)

Ex-ante deontology is an attempt to combine deontological constraints on doing or intending harm with the idea that one should act in everyone’s interest if possible. I argue that ex-ante deontology has serious problems in cases where multiple decisions are to be made over time. I then argue that these problems force us to choose between commonsense deontological morality and a more consequentialist morality. I suggest that we should choose the latter.

This book is a collection of essays on the philosophy of life’s meaning in contemporary society. Topics range from antinatalism, meaning of life, the trolley problem, to painless civilization. I am now writing a comprehensive philosophy book on those topics, but it will take several years to complete; hence, I decided to make a handy book to provide readers with an outline of the philosophical approaches to the meaning of life that I have in mind. -/- Chapter One discusses the (...) definition, history, and category of antinatalism. Antinatalism is the thought that all human beings or all sentient beings should not be born. Although I am not an antinatalist, I believe that antinatalism poses an important question about procreation and the meaning of our lives. This is why I presented an overview of antinatalistic thoughts in the past and the present and also performed an analytical examination of their arguments. -/- In Chapter Two, I take up Philosopher Thaddeus Metz’s argument on meaning in life, especially his fundamentality theory, and claim that “the heart of meaning in life,” which is the concept I propose in this chapter, cannot be compared with anything whatsoever. -/- Chapter Three deals with the concept of “birth affirmation,” which means that I can say “yes” to my having been born. I believe that birth affirmation is one of the most promising ideas that can contribute to contemporary philosophical discussions on meaning in life, and I call this approach “an affirmation-based approach to meaning in life.” The concept of birth affirmation has two dimensions: the psychological dimension and the philosophical dimension. I would like to show in this chapter that it is difficult to clarify what it actually means to say “yes” to my having been born. -/- Chapter Four discusses the relationship between the dropping of the atomic bombs and the trolley problem. I argue that the dropping of atomic bombs was a typical example of the events that contained the logic of the trolley problem in both their decision-making processes and justifications. I further argue that the trolley problem has its own unique problems, which I call “the problem of the trolley problem.” This problem has been overlooked in academic discussions of the trolley problem. I also refer to a religious aspect of this problem. -/- In Chapter Five, I talk about the “philosophy of life” as an academic discipline. We have the philosophy of language, the philosophy of religion, and the philosophy of history, but why don’t we have the philosophy of life in the field of philosophy? Of course, we have Lebensphilosophie, but it does not cover philosophical discourses in ancient worlds, nor current analytical approaches to the concepts of life and death. A new research field is required to advance contemporary philosophy. -/- In Chapter Six, I illustrate an outline of my “painless civilization” theory, a criticism of contemporary civilization that deprives us of a joy of life in exchange for eliminating pain and suffering. I also discuss the concept of “fundamental sense of security,” which is considered indispensable for us to be able to live a life without regret. (shrink)

In this paper I look at the much-discussed case of disabled parents seeking to conceive disabled children. I argue that the permissibility of selecting for disability does not depend on the precise impact the disability will have on the child’s wellbeing. I then turn to an alternative analysis, which argues that the permissibility of selecting for disability depends on the impact that disability will have on the child’s future opportunities. Nearly all bioethicists who have approached the issue in this way (...) have argued that disabilities like deafness unacceptably constrain a child’s opportunities. I argue, however, that this conclusion is premature for several reasons. Most importantly, we don’t have a good way of comparing opportunity sets. Thus, we can’t conclude that deaf children will grow up to have a constrained set of opportunities relative to hearing children. I conclude by suggesting that bioethicists and philosophers of disability need to spend more time thinking carefully about the relationship between disability and opportunity. (shrink)

How should deontologists concerned with the ethics of killing apply their moral theory when we don’t know all the facts relevant to the permissibility of our action? Though the stakes couldn’t be higher, and uncertainty is endemic where killing is concerned, few deontologists have an answer to this question. In this paper I canvass two possibilities: that we should apply a threshold standard, equivalent to the ‘beyond a reasonable doubt’ standard applied for criminal punishment; and that we should fit our (...) deontological ethical theory into the apparatus of decision theory. I show that the first approach faces insurmountable obstacles, while the second holds much more promise for deontologists than they might first have assumed. (shrink)

Many of us believe (1) Saving a life is more important than averting any number of headaches. But what about risky cases? Surely: (2) In a single choice, if the risk of death is low enough, and the number of headaches at stake high enough, one should avert the headaches rather than avert the risk of death. And yet, if we will face enough iterations of cases like that in (2), in the long run some of those small risks of (...) serious harms will surely eventuate. And yet: (3) Isn't it still permissible for us to run these repeated risks, despite that knowledge? After all, if it were not, then many of the risky activities that we standardly think permissible would in fact be impermissible. Nobody has yet offered a principle that can accommodate all of 1-3. In this paper, I show that we can accommodate all of these judgements, by taking into account both ex ante and ex post perspectives. In doing so, I clear aside an important obstacle to a viable deontological decision theory. (shrink)

How should deontologists approach decision-making under uncertainty, for an iterated decision problem? In this paper I explore the shortcomings of a simple expected value approach, using a novel example to raise questions about attitudes to risk, the moral significance of tiny probabilities, the independent moral reasons against imposing risks, the morality of sunk costs, and the role of agent-relativity in iterated decision problems.

We address the considerations of the European Commission Expert Group on the ethics of connected and automated vehicles regarding data provision in the event of collisions. While human drivers’ appropriate post-collision behavior is clearly defined, regulations for automated driving do not provide for collision detection. We agree it is important to systematically incorporate citizens’ intuitions into the discourse on the ethics of automated vehicles. Therefore, we investigate whether people expect automated vehicles to behave like humans after an accident, even if (...) this behavior does not directly affect the consequences of the accident. We find that appropriate post-collision behavior substantially influences people’s evaluation of the underlying crash scenario. Moreover, people clearly think that automated vehicles can and should record the accident, stop at the site, and call the police. They are even willing to pay for technological features that enable post-collision behavior. Our study might begin a research program on post-collision behavior, enriching the empirically informed study of automated driving ethics that so far exclusively focuses on pre-collision behavior. (shrink)

Crashes involving self-driving cars at least superficially resemble trolley dilemmas. This article discusses what lessons machine ethicists working on the ethics of self-driving cars can learn from trolleyology. The article proceeds by providing an account of the trolley problem as a paradox and by distinguishing two types of solutions to the trolley problem. According to an optimistic solution, our case intuitions about trolley dilemmas are responding to morally relevant differences. The pessimistic solution denies that this is the case. An optimistic (...) solution would yield first-order moral insights for the ethics of self-driving cars, but such a solution is difficult to come by. More plausible is the pessimistic solution, and it teaches us a methodological lesson. The lesson is that machine ethicists should discount case intuitions and instead rely on intuitions and judgments at a higher level of generality. (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)

In den moralphilosophischen Debatten der letzten Jahrzehnte spielen die sogenannten Trolley-Fälle eine große Rolle. Sie kommen zum Einsatz in Diskussionen der Frage, welcher Schaden Personen im Rahmen medizinischer oder politischer Maßnahmen zugefügt werden darf, und in Diskussionen darüber, welches die richtige normative Moraltheorie ist. Allerdings kritisieren viele Philosophinnen und Philosophen diese Gedankenexperimente wegen ihrer Konstruiertheit, Künstlichkeit, Abstraktheit und ihrer Lebensferne. In diesem Beitrag werden die Einwände eines prominenten Kritikers, Allen Wood, diskutiert. Er attestiert den Trolley-Gedankenexperimenten neben den genannten Punkten außerdem, (...) dass sie moralisch nicht neutral sind, indem sie uns mit einem rhetorischen Trick dazu bringen, bestimmte Faktoren für moralisch relevant zu halten. Wood fordert deshalb, dass man auf die Verwendung dieser Gedankenexperimente in der praktischen Philosophie verzichten solle. Ich werde seine Einwände entkräften, dann aber zeigen, dass er dennoch einen wunden Punkt nennt: Die Trolley-Fälle sind aufgrund der vorgegebenen Antwortoptionen in der Hinsicht nicht moralisch neutral, dass sie voraussetzen, dass die Anzahl der zu rettenden Menschen moralisch relevant ist. Sie eignen sich daher nicht, um ebendiese Behauptung zu begründen. Dieser Mangel kann aber durch eine Modifikation der Gedankenexperimente behoben werden; ein vollständiger Verzicht auf derartige Gedankenexperimente ist also entgegen Woods Ansicht nicht notwendigerweise geboten. (shrink)

The nonconsequentialist revival in tort theory has focused almost exclusively on one issue: showing that the rules governing compensation for acts reflect corrective justice rather than welfarist norms. The literature either is silent on what makes an act wrongful in the first place or suggests criteria that seem indistinguishable from some version of cost/benefit analysis. As a result, cost/benefit analysis is currently the only game in town for determining appropriate standards of conduct for socially useful but risky acts. This is (...) no small omission, and the failure of nonconsequentialists to acknowledge it or cure it can be traced to a number of recurring problems in the nonconsequentialist tort literature. Chief among them is the tendency to conflate prohibition and compensation, and to treat imposition of risk and imposition of harm as if they were distinct forms of conduct rather than the same conduct viewed from different temporal perspectives. (shrink)

This chapter proposes a solution to the Trolley Problem in terms of the Kantian prohibition on using a person ‘merely as a means.’ A solution of this type seems impossible due to the difficulties it is widely thought to encounter in the scenario known as the Loop case. The chapter offers a conception of ‘using merely as a means’ that explains the morally relevant difference between the classic Bystander and Footbridge cases. It then shows, contrary to the standard view, that (...) a bystander who diverts the trolley in the Loop case need not be using someone ‘merely as a means’ in doing so. This makes it possible to show why the Loop scenario does not undermine the explanation of the salient moral difference between the Bystander and Footbridge cases. (shrink)

In this paper, the ethical and spiritual aspects of the trolley problem are discussed in connection with the dropping of atomic bombs on Hiroshima and Nagasaki. First, I show that the dropping of atomic bombs was a typical example of the events that contained the logic of the trolley problems in their decision-making processes and justifications. Second, I discuss five aspects of “the problem of the trolley problem;” that is to say, “Rarity,” “Inevitability,” “Safety Zone,” “Possibility of Becoming a Victim,” (...) and “Lack of Perspective of the Dead Victims Who Were Deprived of Freedom of Choice,” in detail. Third, I argue that those who talk about the trolley problem are automatically placed in the sphere of the expectation of response on the spiritual level. I hope that my contribution will shed light on the trolley problem from a very different angle, which has not been made by our fellow philosophers. (shrink)