this post was submitted on 25 Aug 2023
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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?

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[–] [email protected] 107 points 10 months ago* (last edited 10 months ago) (8 children)

Let the people riot.

Condemning an innocent person to death would be the direct responsibility of the Judge, whereas the judge is not directly responsible for the actions of the protestors. Those protestors are behaving outside of the judicial system, and the judicial system may deal with them eventually, but their threat of violence should not be part of the decision-making process.

Caiaphas and his whole “it is expedient for us, that one man should die for the people, and that the whole nation perish not” thing shouldn’t really be seen as a role model for judges. Just sayin’.

[–] [email protected] 1 points 10 months ago

This highlights why the trolley problem is in fact a problem, letting worse things happen is seen as preferable to doing a bad thing. But letting a bad thing happen when it's guaranteed is kinda like doing that worse thing yourself, you have control through inaction.

I know I'd be riddled with guilt but I hope I'd have the courage to do the bad thing to prevent the worse one

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