this post was submitted on 25 Aug 2023
166 points (94.1% liked)

Asklemmy

44152 readers
2339 users here now

A loosely moderated place to ask open-ended questions

Search asklemmy ๐Ÿ”

If your post meets the following criteria, it's welcome here!

  1. Open-ended question
  2. Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
  3. Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
  4. Not ad nauseam inducing: please make sure it is a question that would be new to most members
  5. An actual topic of discussion

Looking for support?

Looking for a community?

~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~

founded 5 years ago
MODERATORS
 

Philippa Foot is most known for her invention of the Trolley Problem thought experiment in the 1960s. A lesser known variation of hers is as follows:

Suppose that a judge is faced with rioters demanding that a culprit be found for a certain crime. The rioters are threatening to take bloody revenge on a particular section of the community. The real culprit being unknown, the judge sees himself as able to prevent the bloodshed from the riots only by framing some innocent person and having them executed.

These are the only two options: execute an innocent person for a crime they did not commit, or let people riot in the streets knowing that people will die. If you were the judge, what would you do?

you are viewing a single comment's thread
view the rest of the comments
[โ€“] sab@kbin.social 6 points 1 year ago

I guess there's also a democratic argument here - the judicial branch is not accountable to the people directly but merely to the laws stemming from the people, so a deontological approach to upholding these laws is basically the basis of their democratic legitimacy. When they start making consequentialist or utilitarianist arguments it basically means they're engaged in judicial activism, which is often seen as a bad thing - that's not what the role of judges is traditionally supposed to be.

For the other branches it's much more complicated, as they're supposed to represent the people more directly. They don't choose their moral code - the public does when it votes for them.

I just got home, it's Friday night here and I'm a little drunk, so I don't know if that makes sense haha. It's an interesting question.