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Philosophical Puzzles

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PROFESSOR: OK.
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So I want to start out by finishing off the discussion
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that we began last class about ways of thinking about the
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perplexity that the trolley case gives rise to.
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And you'll remember that the perplexities that the trolley
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case gives rise to is that there's an apparent asymmetry
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in our responses to the bystander case and the fat man
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case, even though both of them seem arguably to involve
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killing one in order to save five.
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And we looked, last class, at Judy Thomson's response, which
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says, look, there's no asymmetry in the two cases,
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because when we reflect on the additional hypothetical case
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where there's a third track on which you, yourself, are
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standing, we come to recognize that it's not morally
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acceptable to turn in Bystander, just as it's not
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morally acceptable to push in Fat Man.
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At the other extreme, we looked at Josh Greene's
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response, which was that just as it's morally acceptable to
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turn the trolley in Bystander, it's morally acceptable to
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push the man in Fat Man.
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And to the extent that we're getting differential responses
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in those cases, says Greene, it's due to the fact that the
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emotional part of our brain response mechanism is
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activated by the up close and personal nature of the fat man
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case, and as a result, we give an answer that he thinks
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remains morally unjustified.
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And what we started to think about at the end of last
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lecture was a third possibility, which lies
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somewhere in between the Thomson and the Greene, though
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closer to the Greene.
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And that's Cass Sunstein's argument that though our
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responses differ, and perhaps differ in ways that will be
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impossible for us to change, the cases are
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the same, deep down.
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And he's inclined, though not as certain as Josh Greene is,
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to think that if we want the cases to come together, what
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we ought to do is to push the fat man.
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And you'll recall that his argument there
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proceeded as follows.
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He suggested that in that in non-moral cases, it's
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uncontroversial that we make use of heuristics, and that
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those heuristics, though useful, frequently lead us to
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errors, and then went on to contend that just as this
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occurs in non-moral cases, so too does it
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occur in moral cases.
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And we left at the end of last class thinking about what goes
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on in Sunstein argument that in moral cases people often
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use heuristics.
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And you will call that he gave a couple of examples from
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Jonathan Haidt's work of cases where people were expressing
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