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Reflection about moral side of murder
Bystander effect conclusion
Bystander theory strengths and limitations
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Within this essay I will argue that a person can be morally permitted to kill an Innocent Threat in self-defence (Frowe, 2009, p. 245). I will argue this by highlighting the importance of individual self-worth and our right to self-preservation, which should be protected. This is done through drawing a distinction between the Innocent Threat which is acting as a causal threat to the victim’s life, as opposed to a bystander who is not causally threatening the victim’s life. This distinction results in the victim being able to kill the Innocent Threat in self-defence as they are a causal threat to one’s life and a threat to maintaining self-preservation, whereas the bystander is not. An Innocent Aggressor is someone who is not in control of …show more content…
However, this is not the case, as the killing of either one is done for completely different reasons. The killing of an Innocent Threat is done because they are a direct threat to the victim’s life. Whereas the killing of the bystander is done in order to divert the direct threat from the victim to the bystander. So the victim would be intentionally using the bystander in order to survive, whereas the victim would not have to do this with the Innocent Threat as they are already involved. Thus, the killing of the bystander and Innocent Treat is done for different reasons, and because of this it is morally justified in the victim killing the Innocent Threat – and not the bystander - as they are a direct threat to the victim’s life. Therefore, Otsuka’s move from “the ‘Inviolability of a Bystander thesis’” (Otsuka, 1994, p. 76) to “the ‘Moral Equivalence thesis’” (Otsuka, 1994, p. 76) is not a logical …show more content…
However, the bystander does not violate the victim’s rights, and consequently does not lose their own right to life. Therefore, it would be immoral for the victim to, under Thomson’s account, kill the Bystander as they have not directly violated the victim’s rights (Frowe, Defensive Killing , 2014, p. 48). Thus supporting my approach to the importance of self-preservation. However, the importance placed on self-worth and self-preservation as a means to justifying lethal force in self-defence, along with “Those such as Thomson, who believe that it is permissible for you to kill the [innocent] Threat but impermissible for you to do that which you know will kill the Bystander … are faced with the following dilemma” (Otsuka, 1994, p. 86). For example, “if they believe that it is permissible for you to destroy the trolley inside of which an innocent person is trapped, then they must perform the difficult task of explaining why an innocent inside a trolley may be killed, whereas one who is near the trolley may not” (Otsuka, 1994, p. 81). What Otsuka does cleverly is blur the distinction between the bystander and the Innocent Treat. Otsuka may go as far to say that the distinction made between the bystander and causal Innocent Threat may not be a morally relevant distinct. However, Helen Frowe would justify this distinction by highlighting that killing a Bystander is treating them “as a means” (Frowe,
According to Thomson, unjust killing comes from the result of depriving someone from a right that they own. In the Henry Fonda case, Fonda was given the magical ability to cure a sickness with just one touch over a fevered brow. So, Fonda has the right to volunteer in touching the fevered brow, but is not obligated to do so because the sick person does not own the right of Henry Fonda’s hand. This analogy is very significant in comparison to Thomson’s argument on justified abortion because it shows that the mother should not be held to any constraints because she has the freedom to her body. Given the fact that the mother has the authority to make any decisions she wants; abortion will always be justified because she is not obligated to give
... so is sacrificial to one’s rights, it puts them in an undesirable position where they may be harmed as well, and success at being an upstander is not guaranteed. Perpetrators tyrannize those who are unable to stand up for themselves; like how predators seek out the vulnerable preys. Hence, instead of having bystanders to stand up for the victim, the victim should stand up for him/herself. In addition, unlike what Lehrman believes, bystanders are not the most dangerous to the victim; the perpetrator is. Saying that bystanders are the most dangerous is is like saying that if one witnesses something, then he/she is a criminal. Consequently, saying that bystanders should stand up for victims against perpetrators is illogical and naive. Concisely, it is not another’s responsibility to ensure one’s safety and wellness; instead, it is one’s responsibility to do so.
In other words, Thomson tries to make the connection that there are three other morally relevant factors involved in abortion in certain cases: the fetus depends on the mother’s body for survival, the mother has not consented to the use of her body and pregnancies are demanding on the body and limit what mothers can do. Hence, the violinist has a kidney condition, which he can only survive if he is attached to our body, we are kidnapped and attached to the violinist without consent and we have to lie in bed for nine months. Thus Thomson's reasoning is it that a person may now permissibly unplug them self from the violinist even though this will cause his death. The right to life, Thomson says, does not demand the right to use another person's body, and so by unplugging the violinist you do not violate his right to life but merely deprive him of the use of your body to which he has no ri...
All in all, if we do not stand up then we only affirm the perpetrators, and if there are too many that affirm perpetrators instead of standing up for the victim, bystanders can prove to be more dangerous than the perpetrators.
However, in order for her thesis to be correct, the Bystander at the Switch case must always be morally permissible. There should be no situation in which it is morally impermissible to kill the one and save the five. If there were such a situation, where both parts of Thomson’s thesis remained true but it would still be morally impermissible to kill the one because of some outside factor, then Thomson’s thesis would no longer be the complete answer.
In the first one, the rescue crew lets a man die because they had to go save 5 other people who were in danger. In the second one the rescue crew must decide whether they want to run over an innocent man in order to save 5 people who are dieing. To an extent the first rescue crew is placed in a situation of how many people they wish to let die. In the second one the rescue crew must decide whether they want to let 5 people die and kill an innocent person in the process. If they choose to save the 5 people then they are starting the individual’s cause of death. Therefore, it is not the same to let someone die and to kill someone. So going back to Thomson’s argument, Thomson believes the person who is refusing to let their body be used by someone else is comparing to the rescue crew number 1. That is at fault because the fetus is not at risk of death for it is just dependent on the parent. Whereas in the first rescue situation both groups of people are at risk of losing their
Although people can fear an outcome of telling the truth or standing up for what they believe is right, being a bystander in a poor situation doesn’t exempt someone from innocence. Whether it involves a murder or telling the truth, if someone knows it is wrong and does nothing to take part in what’s going on they are no better than the ones involved in the conflict. In To Kill A Mockingbird by Harper Lee and The Lottery by Shirley Jackson, both stories involve bystanders. A bystander is not innocent when they do nothing about the problem going on around them.
Thomson’s argument is presented in three components. The first section deals with the now famous violinist thought experiment. This experiment presents a situation in which you wake up one morning and discover you have been kidnapped and hooked up to an ailing violinist so that his body would have the use of your kidneys for the next nine months. The intuitive and instinctive reaction to this situation is that you have no moral duty to remain hooked up to the violinist, and more, that he (or the people who kidnapped you) does not have the right to demand the use of your body for this period. From a deontological point of view, it can be seen that in a conflict between the right of life of the fetus and the right to bodily integrity of the mother, the mother’s rights will trump those of the fetus. Thomson distills this by saying “the right to life consists not in the right not to be killed, but rather in the right not to be killed unjustly”.
I found two other ideas, which the “Gentleman” propagated, interesting. Firstly, the idea of self-defense is evil that is based on the philosophical justification that life is most precious and that if one were to kill, it would be hypocrisy. The “Gentleman” essentially argues that any nation cannot defend itself without killing, and thus is unable to j...
Now that we have seen the shortcomings of two popular views of violence, Coady proposes his positive account; namely, that we ought to adopt a restricted definition. He begins with a dictionary definition (physical force with intent to damage/injure another), but he then observes that this is too restrictive and that we ought to include some psychological considerations. A restricted definition, Coady argues, is less morally loaded than the other two views given that it allows us to call an act a violent one without being committed (at least not as committed as the other views) to a certain ethical
He rejects any conceptual separation between law and morality. Instead, he argues that moral reasoning is required to determine what the law is in any legal system. He also rejects the ‘sources thesis’ which asserts that all law is source based, contrary to Hart and Finnis.
What determines whether an action undertaken by any agent is right or wrong? Lon L. Fuller's 1949 article, The Case of the Speluncean Explorers, provides a situation whereby the ethical definitions of right action are evaluated. The ethical study of right action consists of two major moral theories being de-ontological (backward looking/origin) and teleological (forward looking/ends). Both also have religious and non-religious strands. The de-ontological theory consists of the divine-command theory (religious) and Kantianism (non-religious), while the teleological theory is composed of natural-law theory (religious) and utilitarianism (non-religious). In this paper, all four strands of moral theory will be used to evaluate the Fuller article and decipher which moral theory best serves the argument whether the actions of the four defendants were ethically permissible given the situation. At the end of this paper, sufficient proof will be given to prove that the application of Kantian ethical theory regarding right action—the categorical imperative—with Christine Korsgaard's double-level theories is pertinent in bringing about a moral conclusion to the case involved.
Hence, one can conclude that while ‘every human life matters,’ for most people, every human life doesn’t matter equally; we value the lives of some people over others. Yet again, this goes on to prove that moral decisions are often situational, and one cannot, with complete authority, state that certain acts like killing are absolutely immoral. While some might still argue that these situations do not correspond to reality, they fail to understand that these principles applied to simplistic thought experiments are often used in real life situations.
Secondly, I will tackle the confusion that Austin creates between ‘being obligated’ and ‘being obliged’ to do something. This distinction is made clear by Hart who seeks offers the example of a gunman, which I will go into greater detail in the main body of the essay. From this analysis of Austin I will comment and assess Hart’s own Command Theory of Primary and Secondary rules, drawing attention to the Rule of Recognition and his disconnected relation of law and morality.
People are often blinded by the situation in which they are in, and by their personal motives which drive them to act. Humans, by nature, have faults and vices that are potentially harmful. It is the responsibility of society to anticipate harm, whether to oneself or to others. Once dangerous patterns and habits are recognized, it is imperative to anticipate and prevent injury from reoccurring. To allow any individual to be inflicted harm forces citizens to lose trust in the government, thus unraveling the fabric of society.... ...