哈佛大学公开课《公正：该如何做是好》：全五课：英文字幕
《公正：该如何做是好》：第一课
哈佛大学公开课-公正-justice 02-Putting a Price Tag on Life How to Measure Pleasure 给生命一个价格标
Justice 02 Putting a Price Tag on Life / How to Measure Pleasure 给生命一个价格标签/如何衡量快乐Last time, we argued about the case of The Queen v. Dudley & Stephens, the lifeboat case, the case of cannibalism at sea.And with the arguments about the lifeboat in mind, the arguments for and against what Dudley and Stephens did in mind, let's turn back to the philosophy, the utilitarian philosophy of Jeremy Bentham.Bentham was born in England in 1748.At the age of 12, he went to Oxford.At 15, he went to law school.He was admitted to the Bar at age 19 but he never practiced law.Instead, he devoted his life to jurisprudence and moral philosophy.Last time, we began to consider Bentham's version of utilitarianism.The main idea is simply stated and it's this: The highest principle of morality, whether personal or political morality, is to maximize the general welfare, or the collective happiness, or the overall balance of pleasure over pain; in a phrase, maximize utility.Bentham arrives at this principle by the following line of reasoning: We're all governed by pain and pleasure, they are our sovereign masters, and so any moral system has to take account of them.How best to take account?By maximizing.And this leads to the principle of the greatest good for the greatest number.What exactly should we maximize?Bentham tells us happiness, or more precisely, utility - maximizing utility as a principle not only for individuals but also for communities and for legislators."What, after all, is a community?" Bentham asks.It's the sum of the individuals who comprise it.And that's why in deciding the best policy, in deciding what the law should be, in deciding what's just, citizens and legislators should ask themselves the question if we add up all of the benefits of this policy and subtract all of the costs, the right thing to do is the one that maximizes the balance of happiness over suffering.That's what it means to maximize utility.Now, today, I want to see whether you agree or disagree with it, and it often goes, this utilitarian logic, under the name of cost-benefit analysis, which is used by companies and by governments all the time.And what it involves is placing a value, usually a dollar value, to stand for utility on the costs and the benefits of various proposals.Recently, in the Czech Republic, there was a proposal to increase the excise tax on smoking.Philip Morris, the tobacco company, does huge business in the Czech Republic.They commissioned a study, a cost-benefit analysis of smoking in the Czech Republic, and what their cost-benefit analysis found was the government gains by having Czech citizens smoke.Now, how do they gain?It's true that there are negative effects to the public finance of the Czech government because there are increased health care costs for people who develop smoking-related diseases.On the other hand, there were positive effects and those were added up on the other side of the ledger.The positive effects included, for the most part, various tax revenues that the government derives from the sale of cigarette products, but it also included health care savings to the government when people die early, pension savings -- you don't have to pay pensions for as long - and also, savings in housing costs for the elderly.And when all of the costs and benefits were added up, the Philip Morris study found that there is a net public finance gain in the Czech Republic of $147,000,000, and given the savings in housing, in health care, and pension costs, the government enjoys savings of over $1,200 for each person who dies prematurely due to smoking.Cost-benefit analysis.Now, those among you who are defenders of utilitarianism may think that this is an unfair test.Philip Morris was pilloried in the press and they issued an apology for this heartless calculation.You may say that what's missing here is something that the utilitarian can easily incorporate, namely the value to the person and to the families of those who die from lung cancer.What about the value of life?Some cost-benefit analyses incorporate a measure for the value of life.One of the most famous of these involved the Ford Pinto case.Did any of you read about that?This was back in the 1970s.Do you remember what the Ford Pinto was, a kind of car?Anybody?It was a small car, subcompact car, very popular, but it had one problem, which is the fuel tank was at the back of the car and in rear collisions, the fuel tank exploded and some people were killed and some severely injured.Victims of these injuries took Ford to court to sue.And in the court case, it turned out that Ford had long since known about the vulnerable fuel tank and had done a cost-benefit analysis to determine whether it would be worth it to put in a special shield that would protect the fuel tank and prevent it from exploding.They did a cost-benefit analysis.The cost per part to increase the safety of the Pinto, they calculated at $11.00 per part.And here's -- this was the cost-benefit analysis that emerged in the trial.Eleven dollars per part at 12.5 million cars and trucks came to a total cost of $137 million to improve the safety.But then they calculated the benefits of spending all this money on a safer car and they counted 180 deaths and they assigned a dollar value, $200,000 per death, and then the costs to repair, 105 the replacement cost for 2,000 vehicles, it would be destroyed without the safety device $700 per vehicle.So the benefits turned out to be only $49.5 million and so they didn't install the device.Needless to say, when this memo of the Ford Motor Company's cost-benefit analysis came out in the trial, it appalled the jurors, who awarded a huge settlement.Is this a counterexample to the utilitarian idea of calculating?Because Ford included a measure of the value of life.Now, who here wants to defend cost-benefit analysis from this apparent counterexample?Who has a defense?Or do you think this completely destroys the whole utilitarian calculus?Yes?Well, I think that once again, they've made the same mistake the previous case did, that they assigned a dollar value to human life, and once again, they failed to take account things like suffering and emotional losses by the families.I mean, families lost earnings but they also lost a loved one and that is more valued than $200,000.Right and -- wait, wait, wait, that's good. What's your name?Julie Roteau .So if $200,000, Julie, is too low a figure because it doesn't include the loss of a loved one and the loss of those years of life, what would be - what do you think would be a more accurate number?I don't believe I could give a number.I think that this sort of analysis shouldn't be applied to issues of human life.I think it can't be used monetarily.So they didn't just put too low a number, Julie says.They were wrong to try to put any number at all.All right, let's hear someone who - You have to adjust for inflation.You have to adjust for inflation.All right, fair enough.So what would the number be now?This was 35 years ago.Two million dollars.Two million dollars?You would put two million?And what's your name?Voytek Voytek says we have to allow for inflation.We should be more generous.Then would you be satisfied that this is the right way of thinking about the question?I guess, unfortunately, it is for - there needs to be a number put somewhere, like, I'm not sure what that number would be, but I do agree that there could possibly be a number put on the human life.All right, so Voytek says, and here, he disagrees with Julie.Julie says we can't put a number on human life for the purpose of acost-benefit analysis.Voytek says we have to because we have to make decisions somehow.What do other people think about this?Is there anyone prepared to defend cost-benefit analysis here as accurate as desirable?Yes? Go ahead.I think that if Ford and other car companies didn't use cost-benefit analysis, they'd eventually go out of business because they wouldn't be able to be profitable and millions of people wouldn't be able to use their cars to get to jobs, to put food on the table, to feed their children.So I think that if cost-benefit analysis isn't employed, the greater good is sacrificed, in this case.All right, let me add.What's your name?Raul.Raul, there was recently a study done about cell phone use by a driver when people are driving a car, and there was a debate whether that should be banned.Yeah.And the figure was that some 2,000 people die as a result of accidents each year using cell phones.And yet, the cost-benefit analysis which was done by the Center for Risk Analysis at Harvard found that if you look at the benefits of the cell phone use and you put some value on the life, it comes out about the same because of the enormous economic benefit of enabling people to take advantage of their time, not waste time, be able to make deals and talk to friends and so on whilethey're driving.Doesn't that suggest that it's a mistake to try to put monetary figures on questions of human life?Well, I think that if the great majority of people try to derive maximum utility out of a service, like using cell phones and the convenience that cell phones provide, that sacrifice is necessary for satisfaction to occur.You're an outright utilitarian.Yes. Okay.All right then, one last question, Raul.- Okay.And I put this to Voytek, what dollar figure should be put on human life to decide whether to ban the use of cell phones?Well, I don't want to arbitrarily calculate a figure, I mean, right now.I think that - You want to take it under advisement?Yeah, I'll take it under advisement.But what, roughly speaking, would it be?You got 2,300 deaths. - Okay.You got to assign a dollar value to know whether you want to prevent those deaths by banning the use of cell phones in cars. - Okay.So what would your hunch be?How much? A million?Two million?Two million was Voytek's figure. - Yeah.Is that about right?- Maybe a million.A million?- Yeah.You know, that's good.Thank you. -Okay.So, these are some of the controversies that arise these days from cost-benefit analysis, especially those that involve placing a dollar value on everything to be added up.Well, now I want to turn to your objections, to your objections not necessarily to cost-benefit analysis specifically, because that's just one version of the utilitarian logic in practice today, but to the theory as a whole, to the idea that the right thing to do, the just basis for policy and law is to maximize utility.How many disagree with the utilitarian approach to law and to the common good?How many agree with it?So more agree than disagree.So let's hear from the critics.Yes?My main issue with it is that I feel like you can't say that just because someone's in the minority, what they want and need is less valuable than someone who is in the majority.So I guess I have an issue with the idea that the greatest good for the greatest number is okay because there are still - what about people who are in the lesser number?Like, it's not fair to them.They didn't have any say in where they wanted to be.All right.That's an interesting objection.You're worried about the effect on the minority.Yes.What's your name, by the way?Anna.Who has an answer to Anna's worry about the effect on the minority?What do you say to Anna?Um, she said that the minority is valued less.I don't think that's the case because individually, the minority's value is just the same as the individual of the majority.It's just that the numbers outweigh the minority.And I mean, at a certain point, you have to make a decision and I'm sorry for the minority but sometimes, it's for the general, for the greater good.For the greater good.Anna, what do you say?What's your name?Yang-Da.What do you say to Yang-Da?Yang-Da says you just have to add up people's preferences and those in the minority do have their preferences weighed.Can you give an example of the kind of thing you're worried about when you say you're worried about utilitarianism violating the concern or respect due the minority?And give an example.Okay. So, well, with any of the cases that we've talked about, like for the shipwreck one, I think the boy who was eaten still had as much of a right to live as the other people and just because he was the minority in that case, the one who maybe had less of a chance to keep living, that doesn't mean that the others automatically have a right to eat him just because it would give a greater amount of people a chance to live.So there may be certain rights that the minority members have, that the individual has that shouldn't be traded off for the sake of utility?Yes.Yes, Anna? You know, this would be a test for you.Back in Ancient Rome, they threw Christians to the lions in the Colosseum for sport.If you think how the utilitarian calculus would go, yes, the Christian thrown to the lions suffers enormous excruciating pain.But look at the collective ecstasy of the Romans!Yang-Da.Well, in that time, I don't -- if -- in modern day of time, to value the -- to give a number to the happiness given to the people watching, I don't think any, like, policymaker would say the pain of one person, of the suffering of one person is much, much -- is, I mean, in comparison to the happiness gained, it's - No, but you have to admit that if there were enough Romans delirious enough with happiness, it would outweigh even the most excruciating pain of a handful of Christians thrown to the lion.So we really have here two different objections to utilitarianism.One has to do with whether utilitarianism adequately respects individual rights or minority rights, and the other has to do with the whole idea of aggregating utility or preferences or values.Is it possible to aggregate all values to translate them into dollar terms?There was, in the 1930s, a psychologist who tried to address this second question.He tried to prove what utilitarianism assumes, that it is possible to translate all goods, all values, all human concerns into a single uniform measure, and he did this by conducting a survey of young recipients of relief, this was in the 1930s, and he asked them, he gave them a list of unpleasant experiences and he asked them, "How much would you have to be paid to undergo the following experiences?" and he kept track.For example, how much would you have to be paid to have one upper front tooth pulled out?Or how much would you have to be paid to have one little toe cut off?Or to eat a live earthworm six inches long?Or to live the rest of your life on a farm in Kansas?Or to choke a stray cat to death with your bare hands?Now, what do you suppose was the most expensive item on that list? - Kansas!Kansas?You're right, it was Kansas.For Kansas, people said they'd have to pay them - they have to be paid $300,000.What do you think was the next most expensive?Not the cat.Not the tooth.Not the toe.The worm!People said you'd have to pay them $100,000 to eat the worm.What do you think was the least expensive item?Not the cat.The tooth.During the Depression, people were willing to have their tooth pulled for only $4,500.What?Now, here's what Thorndike concluded from his study.Any want or a satisfaction which exists exists in some amount and is therefore measurable.The life of a dog or a cat or a chicken consists of appetites, cravings, desires, and their gratifications.So does the life of human beings, though the appetites and desires are more complicated.But what about Thorndike's study?Does it support Bentham's idea that all goods, all values can be captured according to a single uniform measure of value?Or does the preposterous character of those different items on the list suggest the opposite conclusion that maybe, whether we're talking about life or Kansasor the worm, maybe the things we value and cherish can't be captured according to a single uniform measure of value?And if they can't, what are the consequences for the utilitarian theory of morality?That's a question we'll continue with next time.All right, now, let's take the other part of the poll, which is the highest experience or pleasure.How many say Shakespeare?How many say Fear Factor?No, you can't be serious.Really?Last time, we began to consider some objections to Jeremy Bentham's version of utilitarianism.People raised two objections in the discussion we had.The first was the objection, the claim that utilitarianism, by concerning itself with the greatest good for the greatest number, fails adequately to respect individual rights.Today, we have debates about torture and terrorism.Suppose a suspected terrorist was apprehended on September 10th and you had reason to believe that the suspect had crucial information about an impending terrorist attack that would kill over 3,000 people and you couldn't extract the information.Would it be just to torture the suspect to get the information or do you say no, there is a categorical moral duty of respect for individual rights?In a way, we're back to the questions we started with about Charlie Carson organ transplant.So that's the first issue.And you remember, we considered some examples of cost-benefit analysis, but a lot of people were unhappy with cost-benefit analysis when it came to placing a dollar value on human life.And so that led us to the second objection.It questioned whether it's possible to translate all values into a single uniform measure of value.It asks, in other words, whether all values are commensurable.Let me give you one other example of an experience.This actually is a true story.It comes from personal experience that raises a question at least about whether all values can be translated without loss into utilitarian terms.Some years ago, when I was a graduate student, I was at Oxford in England and they had men's and women's colleges.They weren't yet mixed and the women's colleges had rules against overnight male guests.By the 1970s, these rules were rarely enforced and easily violated, or so I was told.By the late 1970s, when I was there, pressure grew to relax these rules and it became the subject of debate among the faculty at St. Anne's College, which was one of these all-women's colleges.The older women on the faculty were traditionalists.They were opposed to change unconventional moral grounds.But times have changed and they were embarrassed to give the true grounds for their objection and so they translated their arguments into utilitarian terms."If men stay overnight", they argued, "the costs to the college will increase." "How?" you might wonder."Well, they'll want to take baths and that'll use up hot water," they said.Furthermore, they argued, "We'll have to replace the mattresses more often." The reformers met these arguments by adopting the following compromise.Each woman could have a maximum of three overnight male guests each week.They didn't say whether it had to be the same one or three different provided, and this was the compromise, provided the guest paid 50 pence to defray the cost to the college.The next day, the national headline in the national newspaper read, "St. Anne's Girls, 50 Pence A Night." Another illustration of the difficulty of translating all values, in this case, a certain idea of virtue, into utilitarian terms.So, that's all to illustrate the second objection to utilitarianism, at least the part of that objection, that questions whether utilitarianism is right to assume that we can assume the uniformity of value, the commensurability of all values and translate all moral considerations into dollars or money.But there is a second aspect to this worry about aggregating values and preferences.Why should we weigh all preferences that people have without assessing whether they're good preferences or bad preferences?Shouldn't we distinguish between higher pleasures and lower pleasures?Now, part of the appeal of not making any qualitative distinctions about the worth of people's preferences, part of the appeal is that it is nonjudgmental and egalitarian.The Benthamite utilitarian says everybody's preferences count and they count regardless of what people want, regardless of what makes different people happy.For Bentham, all that matters, you'll remember, are the intensity and the duration of a pleasure or pain.The so-called "higher pleasures or nobler virtues" are simply those, according to Bentham, that produce stronger, longer pleasure.Yet a famous phrase to express this idea, the quantity of pleasure being equal, pushpin is as good as poetry.What was pushpin?It was some kind of a child's game, like tiddlywinks."Pushpin is as good as poetry", Bentham says.And lying behind this idea, I think, is the claim, the intuition, that it's a presumption to judge whose pleasures are intrinsically higher or worthier or better.And there is something attractive in this refusal to judge.After all, some people like Mozart, others Madonna.Some people like ballet, others bowling.Who's to say, a Benthamite might argue, who is to say which of these pleasures, whose pleasures are higher, worthier, nobler than others?But is that right, this refusal to make qualitative distinctions?Can we altogether dispense with the idea that certain things we take pleasure in are better or worthier than others?Think back to the case of the Romans in the Colosseum.One thing that troubled people about that practice is that it seemed to violate the rights of the Christian.Another way of objection to what's going on there is that the pleasure that the Romans take in this bloody spectacle, should that pleasure, which is abased, kind of corrupt, degrading pleasure, should that even be valorized or weighed in deciding what the general welfare is?So here are the objections to Bentham's utilitarianism and now, we turn to someone who tried to respond to those objections, a latter-day utilitarian, John Stuart Mill.So what we need to examine now is whether John Stuart Mill had a convincing reply to these objections to utilitarianism.John Stuart Mill was born in 1806.His father, James Mill, was a disciple of Bentham's, and James Mill set about giving his son, John Stuart Mill, a model education.He was a child prot®¶g®¶, John Stuart Mill.He knew Greek at the age of three, Latin at eight, and age 10, he wrote "A History of Roman Law." At age 20, he had a nervous breakdown.This left him in a depression for five years, but at age 25, what helped lift him out of this depression is that he met Harriet Taylor.She and Mill got married, they lived happily ever after, and it was under her influence that John Stuart Mill tried to humanize utilitarianism.What Mill tried to do was to see whether the utilitarian calculus could be enlarged and modified to accommodate humanitarian concerns, like theconcern to respect individual rights, and also to address the distinction between higher and lower pleasures.In 1859, Mill wrote a famous book on liberty, the main point of which was the importance of defending individual rights and minority rights, and in 1861, toward the end of his life, he wrote the book we read as part of this course, "Utilitarianism." He makes it clear that utility is the only standard of morality, in his view, so he's not challenging Bentham's premise.He's affirming it.He says very explicitly, "The sole evidence it is possible to produce that anything is desirable is that people actually do desire it." So he stays with the idea that our de facto actual empirical desires are the only basis for moral judgment.But then, page eight, also in chapter two, he argues that it is possible for a utilitarian to distinguish higher from lower pleasures.Now, for those of you who have read Mill already, how, according to him, is it possible to draw that distinction?How can a utilitarian distinguish qualitatively higher pleasures from lesser ones, base ones, unworthy ones? Yes?If you've tried both of them and you prefer the higher one, naturally, always.That's great.That's right.What's your name?- John.So as John points out, Mill says here's the test.Since we can't step outside actual desires, actual preferences that would violate utilitarian premises, the only test of whether a pleasure is higher or lower is whether someone who has experienced both would prefer it.And here, in chapter two, we see the passage where Mill makes the point that John just described."Of two pleasures, if there be one to which all or almost all who have experience of both give a decided preference, irrespective of any feeling of moral obligation to prefer it -- in other words, no outside, no independent standard -- then, that is the more desirable pleasure." What do people think about that argument?Does it succeed?How many think that it does succeed of arguing within utilitarian terms for a distinction between higher and lower pleasures?How many think it doesn't succeed?I want to hear your reasons.But before we give the reasons let's do an experiment of Mill's claim.In order to do this experiment, we're going to look at three short excerpts of popular entertainment.The first one is a Hamlet soliloquy.It'll be followed by two other experiences.See what you think.What a piece of work is a man, how noble in reason, how infinite in faculties, in form and moving how express and admirable, in action how like an angel, in apprehension how like a god!The beauty of the world, the paragon of animals - and yet, to me, what is this quintessence of dust?Man delights not me.Imagine a world where your greatest fears become reality.Ahh! They're biting me!Each show, six contestants from around the country battle each other in three extreme stunts.Ow!These stunts are designed to challenge the contestants both physically and mentally.Six contestants, three stunts, one winner.Yes! Whooo!Fear Factor.Hi-diddily-ho, pedal-to-the-metal-o-philes.Flanders, since when do you like anything cool?Well, I don't care for the speed but I can't get enough of that safety gear.Helmets, roll bars, caution flags...I like the fresh air...and looking at the poor people in the infield.Dang, Cletus, why'd you have to park by my parents?Now, Honey, they's my parents too.I don't even have to ask which one you liked most.The Simpsons, how many liked The Simpsons most?How many Shakespeare?What about Fear Factor?How many preferred Fear Factor?。
哈佛公开课-公正课中英字幕_第一课
制作人：心舟 QQ:1129441083第一讲《杀人的道德侧面》这是一门讨论公正的课程This is a course about justice我们以一则故事作为引子and we begin with a story.假设你是一名电车司机\Suppose you're the driver of a trolley car你的电车以60英里小时的速度\and your trolley car is hurtling down the track 在轨道上飞驰\at 60 miles an hour.突然发现在轨道的尽头\And at the end of the track you notice有五名工人正在施工\five workers working on the track.你无法让电车停下来\You try to stop but you can't因为刹车坏了\your brakes don't work.你此时极度绝望\You feel desperate因为你深知\because you know如果电车撞向那五名工人\that if you crash into these five workers他们全都会死\they will all die.假设你对此确信无疑\Let's assume you know that for sure.你极为无助\And so you feel helpless直到你发现在轨道的右侧until you notice that there is off to the right有一条侧轨\ a side track而在侧轨的尽头\and at the end of that track只有一名工人在那施工\there is one worker working on the track.而你的方向盘还没坏\Your steering wheel works只要你想\so you can turn the trolley car就可以把电车转到侧轨上去\if you want to onto the side track牺牲一人挽救五人性命\killing the one but sparing the five.下面是我们的第一个问题:\Here's our first question:何为正确的选择\what's the right thing to do?换了你会怎么做\What would you do?我们来做个调查\Let's take a poll.有多少人会把电车开到侧轨上去\How many would turn the trolley car onto the side track?请举手\Raise your hands.有多少人会让电车继续往前开\How many wouldn't? How many would go straight ahead? 选择往前开的请不要把手放下\Keep your hands up those of you who would go straight ahead.只有少数人选择往前开\A handful of people would绝大多数都选择转弯\the vast majority would turn.我们先来听听大家的说法\Let's hear first探究一下为何\now we need to begin to investigate the reasons你们会认为这是正确的选择\why you think it's the right thing to do.先从大多数选择了转向侧轨的同学开始\Let's begin with those in the majority whowould turn to go onto the side track.为何会这样选择\Why would you do it?理由是什么\What would be your reason?有没有自告奋勇的\Who's willing to volunteer a reason?你来站起来告诉大家\Go ahead. Stand up.我认为当可以只牺牲一个人时\Because it can't be right to kill five people牺牲五人不是正确之举\when you can only kill one person instead.当可以只牺牲一人时牺牲五人不是正确之举\It wouldn't be right to kill five if you could kill one person instead.这理由不错\That's a good reason.不错\That's a good reason.还有其他人吗\Who else?人人都赞同这个理由\Does everybody agree with that reason?你来\Go ahead.我认为这和9·11的时候是一种情况\Well I was thinking it's the same reason on9 11 那些让飞机在宾州坠毁的人被视为英雄\with regard to the people who flew the plane into the Pennsylvania field as heroes因为他们选择了牺牲自己\because they chose to kill the people on the plane而不是让飞机撞向大楼牺牲更多人\and not kill more people in big buildings.这么看来这条原则和9·11的是一样的\So the principle there was the same on 9 11. 虽然是悲剧\It's a tragic circumstance但牺牲一人保全五人依然是更正确的选择\but better to kill one so that five can live 这就是大多数人选择把电车开上侧轨的理由吗\is that the reason most of you had those of you who would turn? Yes?现在我们来听听少数派的意见\Let's hear now from those in the minority那些选择不转弯的\those who wouldn't turn.你来\Yes.我认为这与为种族灭绝以及极权主义正名\Well I think that's the same type of mentality that justifies genocide是同一种思维模式\and totalitarianism.为了一个种族能生存下来\In order to save one type of race以灭绝另一个种族为代价\you wipe out the other.那换了是你在这种情况下会怎么做\So what would you do in this case?为了避免骇人听闻的种族灭绝\You would to avoid the horrors of genocide你打算直接开上去把这五个人撞死吗\you would crash into the five and kill them? 大概会吧\Presumably yes.-真的会吗 -对\- You would? - Yeah.好吧还有谁\Okay. Who else?很有勇气的回答谢谢\That's a brave answer. Thank you.我们来考虑一下另一种情况的例子\Let's consider another trolley car case看看你们\and see whether大多数的人\those of you in the majority会不会继续坚持刚才的原则\want to adhere to the principle即"牺牲一人保全五人是更好的选择"\"better that one should die so that five should live."这次你不再是电车司机了\This time you're not the driver of the trolley car只是一名旁观者\you're an onlooker.你站在一座桥上俯瞰着电车轨道\You're standing on a bridge overlooking a trolley car track.电车沿着轨道从远处驶来\And down the track comes a trolley car轨道的尽头有五名工人\at the end of the track are five workers电车刹车坏了\the brakes don't work这五名工人即将被撞死\the trolley car is about to careen into the five and kill them.但你不是电车司机你真的爱莫能助\And now you're not the driver you really feel helpless直到你发现在你旁边\until you notice standing next to you靠着桥站着的\leaning over the bridge是个超级大胖子\is a very fat man.你可以选择推他一把\And you could give him a shove.他就会摔下桥\He would fall over the bridge onto the track正好摔在电车轨道上挡住电车\right in the way of the trolley car.他必死无疑但可以救那五人的性命\He would die but he would spare the five. 现在\Now有多少人会选择把那胖子推下桥\how many would push the fat man over the bridge?请举手\Raise your hand.有多少人不会\How many wouldn't?大多数人不会这么做\Most people wouldn't.一个显而易见的问题出现了\Here's the obvious question.我们"牺牲一人保全五人"的这条原则\What became of the principle到底出了什么问题呢\"better to save five lives even if it means sacrificing one?" 第一种情况时\What became of the principle大多数人赞同的这条原则怎么了\that almost everyone endorsed in the first case? 两种情况中都属多数派的人你们是怎么想的\I need to hear from someone who was in the majority in both cases.应该如何来解释这两种情况的区别呢\How do you explain the difference between the two?你来\Yes.我认为第二种情况\The second one I guess牵涉到主动选择推人\involves an active choice of pushing a person down而被推的这个人\which I guess that person himself本来跟这事件一点关系都没有\would otherwise not have been involved in thesituation at all.所以从这个人自身利益的角度来说\And so to choose on his behalf I guess他是被迫卷入这场无妄之灾的\to involve him in something that he otherwise would have escaped is而第一种情况不同\I guess more than what you have in the first case第一种情况里的三方电车司机及那两组工人\where the three parties the driver and the two sets of workers之前就牵涉进这事件本身了\are already I guess in the situation.但在侧轨上施工的那名工人\But the guy working the one on the track off to the side 他并不比那个胖子更愿意牺牲自我不是吗\he didn't choose to sacrifice his life any more than the fat man did he?对但谁让他就在那侧轨上而且...\That's true but he was on the tracks and... 那胖子还在桥上呢\This guy was on the bridge.如果你愿意可以继续说下去\Go ahead you can come back if you want.好吧这是一个难以抉择的问题\All right. It's a hard question.你回答得很不错\You did well. You did very well.真的难以抉择\It's a hard question.还有谁能来为两种情况中\Who else can find a way of reconciling大多数人的不同选择作出合理解释\the reaction of the majority in these two cases? 你来\Yes.我认为在第一种情况中是撞死一个还是五个\Well I guess in the first case where you have the one worker and the five你只能在这两者中选择\it's a choice between those two不管你做出的是哪一个选择\and you have to make a certain choice总得有人被电车撞死\and people are going to die because of the trolley car而他们的死并非你的直接行为导致\not necessarily because of your direct actions.电车已失控而你必须在那一瞬间做出选择\The trolley car is a runaway thing and you're making a split second choice.而反之把胖子推下去则是你自己的直接谋杀行为\Whereas pushing the fat man over is an actual act of murder on your part.你的行为是可控的\You have control over that而电车则是不可控的\whereas you may not have control over the trolley car.所以我认为这两种情况略有不同\So I think it's a slightly different situation. 很好有没谁来回应的有人吗\All right who has a reply? That's good. Who has a way?有人要补充吗刚才那个解释合理吗\Who wants to reply? Is that a way out of this? 我认为这不是一个很好的理由\I don't think that's a very good reason因为不论哪种情况你都得选择让谁死\because you choose to- either way you have to choose who dies或者你是选择转弯撞死一名工人\because you either choose to turn and kill theperson这种转弯就是种有意识的行为\which is an act of conscious thought to turn或者你是选择把胖子推下去\or you choose to push the fat man over这同样是一种主动的有意识的行为\which is also an active conscious action.所以不管怎样你都是在作出选择\So either way you're making a choice.你有话要说吗\Do you want to reply?我不太确定情况就是这样的\I'm not really sure that that's the case.只是觉得似乎有点不同\It just still seems kind of different.真的动手把人推到轨道上让他死的这种行为\the act of actually pushing someone over onto the tracks and killing him就等于是你亲手杀了他\you are actually killing him yourself.你用你自己的手推他\You're pushing him with your own hands.是你在推他这不同于\You're pushing him and that's different操控方向盘进而导致了他人死亡...\than steering something that is going to cause death into another...现在听起来好像不太对头了\You know it doesn't really sound right saying it now. 不你回答得不错叫什么名字\No no. It's good. It's good. What's your name? 安德鲁\Andrew.我来问你一个问题安德鲁\Andrew. Let me ask you this question Andrew.您问\Yes.假设我站在桥上胖子就在我旁边\Suppose standing on the bridge next to the fat man我不用去推他\I didn't have to push him假设他踩在一扇活板门上方\suppose he was standing over a trap door而活板门可以通过转动方向盘来开启\that I could open by turning a steering wheel like that.你会转动方向盘吗\Would you turn?出于某种原因我觉得这样似乎错上加错\For some reason that still just seems more wrong.是吗\Right?如果是你不小心靠着方向盘导致活门开启\I mean maybe if you accidentally like leaned into the steering wheel或是发生之类的情况\or something like that.但是...或者是列车飞驰而来时\But... Or say that the car is hurtling正好可以触发活门开关\towards a switch that will drop the trap.-那我就赞同 -没关系好了\- Then I could agree with that. - That's all right. Fair enough.反正就是不对\It still seems wrong in a way而在第一种情况这样做就是对的是吧\that it doesn't seem wrong in the first case to turn you say.换个说法就是在第一种情况中\And in another way I mean in the first situation你是直接涉及其中的\you're involved directly with the situation.而第二种情况中你只是旁观者\In the second one you're an onlooker as well.-好了 -所以你有权选择是否把胖子推下去\- All right. - So you have the choice of becoming involved or not-从而牵涉其中 -好了\- by pushing the fat man. - All right.先不管这个情况\Let's forget for the moment about this case.你们很不错\That's good.我们来想象一个不同的情况\Let's imagine a different case.这次你是一名急诊室的医生\This time you're a doctor in an emergency room有天送来了六个病人\and six patients come to you.他们遭受了一次严重的电车事故\They've been in a terrible trolley car wreck.其中五人伤势不算严重\Five of them sustain moderate injuries另外一人受重伤你可以花上一整天时间\one is severely injured you could spend all day来医治这一名受重伤的病人\caring for the one severely injured victim但那另外五个病人就会死\but in that time the five would die.你也可以选择医治这五人\Or you could look after the five restore them to health 但那样的话那名受重伤的病人就会死\but during that time the one severely injured person would die.有多少人会选择救那五人\How many would save the five?作为医生又有多少人选择救那一人\Now as the doctor how many would save the one? 只有极少数人\Very few people just a handful of people.我猜理由还是一样\Same reason I assume.牺牲一个保全五个\One life versus five?现在来考虑一下另外一种情况\Now consider another doctor case.这次你是一名器官移植医生你有五名病人\This time you're a transplant surgeon and you have five patients每名病人都急需器官移植才能存活\each in desperate need of an organ transplant in order to survive.分别需要心脏移植肺移植肾移植\One needs a heart one a lung one a kidney肝移植以及胰腺移植\one a liver and the fifth a pancreas.没有器官捐赠者\And you have no organ donors.你只能眼睁睁看他们死去\You are about to see them die.然后你突然想起\And then it occurs to you在隔壁病房\that in the next room有个来做体检的健康人\there's a healthy guy who came in for a check-up.而且他...\And he's...你们喜欢这剧情吧\you like that...而且他正在打盹\... and he's taking a nap你可以悄悄地进去取出那五个器官\you could go in very quietly yank out the five organs这人会死但你能救那另外五人\that person would die but you could save the five. 有多少人会这么做\How many would do it?有吗\Anyone?选择这么做的请举手\How many? Put your hands up if you would do it.楼座上的呢\Anyone in the balcony?我会\I would.你会吗小心别太靠着那栏杆\You would? Be careful don't lean over too much.有多少人不会\How many wouldn't?很好你来\All right. What do you say?楼座上那位\Speak up in the balcony就是支持取出那些器官的为什么这么做\you who would yank out the organs. Why? 其实我想知道可否稍微变通一下\I'd actually like to explore a slightly alternate possibility就是选择五人中最先死的那人\of just taking the one of the five who needs an organ who dies first利用他的器官来救其他四人\and using their four healthy organs to save the other four.这想法很赞\That's a pretty good idea.想法不错\That's a great idea只不过\except for the fact你避开了我们今天要谈论的哲学问题\that you just wrecked the philosophical point. 让我们暂时先不忙讨论这些故事以及争论\Let's step back from these stories and these arguments来关注一下这些争论是怎样展开的\to notice a couple of things about the way the arguments have begun to unfold.某些道德原则已经随着我们讨论的展开\Certain moral principles have already begun to emerge逐渐开始浮现出来了\from the discussions we've had.我们来细想下这些道德原则都是怎样的\And let's consider what those moral principles look like.在讨论中出现的第一条道德原则\The first moral principle that emerged in the discussion正确的选择道德的选择\said the right thing to do the moral thing to do取决于你的行为所导致的后果\depends on the consequences that will result from your action.最终结论: 牺牲一人保全五人是更好的选择\At the end of the day better that five should live even if one must die.这是后果主义道德推理的一则例子\That's an example of consequentiality moral reasoning.后果主义道德推理\Consequentiality moral reasoning认为是否道德取决于行为的后果\locates morality in the consequences of an act取决于你的行为对外界所造成的影响\in the state of the world that will result from the thing you do.但随着谈论的深入我们发现在其他情况中\But then we went a little further we considered those other cases人们不再对后果主义道德推理那么确定了\and people weren't so sure about consequentialist moral reasoning.当人们开始犹豫是否要推胖子下桥\When people hesitated to push the fat man over the bridge或者是否切取无辜病人的器官时\or to yank out the organs of the innocent patient 他们更倾向于去评判行为本身的动机\people gestured toward reasons having to do with the intrinsic quality of the act itself而不是该行为的后果\consequences be what they may.人们动摇了\People were reluctant.他们认为杀掉一个无辜的人\People thought it was just wrong categorically wrong 是绝对错误的\to kill a person an innocent person哪怕是为了拯救五条生命\even for the sake of saving five lives.至少在每个故事的第二种情况中是这样认为的\At least people thought that in the second version of each story we considered.这表明有第二种绝对主义方式的道德推理\So this points to a second categorical way of thinking about moral reasoning.绝对主义道德推理认为\Categorical moral reasoning是否道德取决于特定的绝对道德准则\locates morality in certain absolute moral requirements取决于绝对明确的义务与权利\certain categorical duties and rights而不管后果如何\regardless of the consequences.我们将用以后的几天到几周时间来探讨\We're going to explore in the days and weeks to come后果主义与绝对主义道德原则的差别\the contrast between consequentiality and categorical moral principles.后果主义道德推理中最具影响的就是功利主义\The most influential example of consequential moral reasoning is utilitarianism由18世纪英国政治哲学家杰里米·边沁提出\a doctrine invented by Jeremy Bentham18th century English political philosopher而绝对主义道德推理中最为著名的\The most important philosopher of categorical moral reasoning则是18世纪德国哲学家康德\is the18th century German philosopher Immanuel Kant. 我们将着眼于这两种迥异的道德推理模式\So we will look at those two different modes of moral reasoning评价它们还会考虑其他模式\assess them and also consider others.如果你有留意教学大纲就能发现\If you look at the syllabus you'll notice教学大纲里列出了不少人的著作\that we read a number of great and famous books包括亚里士多德约翰·洛克伊曼努尔·康德\books by Aristotle John Locke Immanuel Kant约翰·斯图尔特·穆勒及其他哲学家的著作\John Stewart Mill and others.在教学大纲中还能看到\You'll notice too from the syllabus我们不仅要读这些著作\that we don't only read these books;还会探讨当代政治及法律争议\we also take up contemporary political and legal controversies所引发的诸多哲学问题\that raise philosophical questions.我们将讨论平等与不平等\We will debate equality and inequality平权行动自由言论与攻击性言论同性婚姻\affirmative action free speech versus hate speech same-sex marriage兵役制等一系列现实问题\military conscription a range of practical questions. 为什么呢\Why?不仅是为了将这些深奥抽象的著作形象化\Not just to enliven these abstract and distant books还为了让我们通过哲学辨明\but to make clear to bring out what's at stake日常生活包括政治生活中什么才是最关键的\in our everyday lives including our political lives for philosophy.所以我们要读这些著作讨论这些议题\And so we will read these books and we will debate these issues并了解两者是怎样互相补充互相阐释的\and we'll see how each informs and illuminates the other.也许听起来蛮动人不过我要事先提个醒\This may sound appealing enough but here I have to issue a warning.那就是通过用这样的方式阅读这些著作\And the warning is thisto read these books in this way来训练自我认知\as an exercise in self knowledge必然会带来一些风险\to read them in this way carries certain risks包括个人风险和政治风险\risks that are both personal and political每位学政治哲学的学生都知道的风险\risks that every student of political philosophy has known.这风险源自于以下事实\These risks spring from the fact即哲学就是让我们面对自己熟知的事物\that philosophy teaches us and unsettles us 然后引导并动摇我们原有的认知\by confronting us with what we already know.这真是讽刺\There's an irony.这门课程的难度就在于\The difficulty of this course consists in the fact传授的都是你们已有的知识\that it teaches what you already know.它将我们所熟知的毋庸置疑的事物\It works by taking what we know from familiar unquestioned settings变得陌生\and making it strange.正如我们刚举的例子\That's how those examples worked那些严肃而又不乏趣味的假设性问题\the hypotheticals with which we began with their mix of playfulness and sobriety.这些哲学类著作亦然\It's also how these philosophical books work.哲学让我们对熟知事物感到陌生\Philosophy estranges us from the familiar不是通过提供新的信息\not by supplying new information而是通过引导并激发我们用全新方式看问题\but by inviting and provoking a new way of seeing但这正是风险所在\but and here's the risk一旦所熟知的事物变得陌生\once the familiar turns strange它将再也无法回复到从前\it's never quite the same again.自我认知就像逝去的童真 \Self knowledge is like lost innocence不管你有多不安\however unsettling you find it;你已经无法不去想或是充耳不闻了\it can never be un-thought or un-known.这一过程会充满挑战又引人入胜\What makes this enterprise difficult but also riveting因为道德与政治哲学就好比一个故事\is that moral and political philosophy is a story你不知道故事将会如何发展\and you don't know where the story will lead.你只知道这个故事与你息息相关\But what you do know is that the story is about you. 以上为我提到的个人风险\Those are the personal risks.那么政治风险是什么呢\Now what of the political risks?介绍这门课程时可以这样许诺:\One way of introducing a course like this would be to promise you通过阅读这些著作讨论这些议题\that by reading these books and debating these issues你将成为更优秀更有责任感的公民\you will become a better more responsible citizen;你将重新审视公共政策的假定前提\you will examine the presuppositions of public policy你将拥有更加敏锐的政治判断力\you will hone your political judgment你将更有效地参与公共事务\you will become a more effective participant in public affairs.但这一许诺也可能片面而具误导性\But this would be a partial and misleading promise.因为绝大多数情况下政治哲学\Political philosophy for the most part并不是那样的\hasn't worked that way.你们必须承认政治哲学\You have to allow for the possibility可能使你们成为更糟的公民\that political philosophy may make you a worse citizen 而不是更优秀的\rather than a better one至少在让你成为更优秀公民前先让你更糟\or at least a worse citizen before it makes you a better one因为哲学使人疏离现实甚至可能弱化行动力\and that's because philosophy is a distancing even debilitating activity.追溯到苏格拉底时代就有这样一段对话\And you see this going back to Socrates there's a dialogue在《高尔吉亚篇》中苏格拉底的一位朋友\the Gorgias in which one of Socrates' friends《高尔吉亚篇》柏拉图著古希腊哲学家卡里克利斯试图说服苏格拉底放弃哲学思考\Callicles tries to talk him out of philosophizing.他告诉苏格拉底:\Callicles tells Socrates如果一个人在年轻时代\"Philosophy is a pretty toy有节制地享受哲学的乐趣那自然大有裨益\if one indulges in it with moderation at the right time of life.但倘若过分沉溺其中那他必将走向毁灭\But if one pursues it further than one should it is absolute ruin."听我劝吧卡里克利斯说收起你的辩论\"Take my advice" Callicles says "abandon argument.学个谋生的一技之长\Learn the accomplishments of active life别学那些满嘴谬论的人\take for your models not those people who spend their time on these petty quibbles要学那些生活富足声名显赫及福泽深厚的人\but those who have a good livelihood and reputation and many other blessings."言外之意则是\So Callicles is really saying to Socrates放弃哲学现实一点去读商学院吧\"Quit philosophizing get real go to business school."卡里克利斯说得确有道理\And Callicles did have a point.因为哲学的确将我们与习俗\He had a point because philosophy distances us from conventions既定假设以及原有信条相疏离\from established assumptions and from settled beliefs.以上就是我说的个人以及政治风险\Those are the risks personal and political. 面对这些风险有一种典型的回避方式\And in the face of these risks there is a characteristic evasion.这种方式就是怀疑论大致的意思是\The name of the evasion is skepticism it's the idea...It goes something like this.刚才争论过的案例或者原则\We didn't resolve once and for all没有一劳永逸的解决方法\either the cases or the principles we were arguing when we began如果亚里士多德洛克康德以及穆勒\and if Aristotle and Locke and Kant and Mill 花了这么多年都没能解决这些问题\haven't solved these questions after all of these years那今天我们齐聚桑德斯剧院\who are we to think that we here in Sanders Theatre 仅凭一学期的课程学习就能解决了吗\over the course of a semester can resolve them?也许这本就是智者见智仁者见仁的问题\And so maybe it's just a matter of each person having his or her own principles多说无益也无从论证\and there's nothing more to be said about it no way of reasoning.这就是怀疑论的回避方式\That's the evasion the evasion of skepticism对此我给予如下回应\to which I would offer the following reply.诚然这些问题争论已久\It's true these questions have been debated for a very long time但正因为这些问题反复出现\but the very fact that they have recurred and persisted也许表明虽然在某种意义上它们无法解决\may suggest that though they're impossible in one sense但另一种意义上却又无可避免\they're unavoidable in another.它们之所以无可避免无法回避\And the reason they're unavoidable the reason they're inescapable是因为在日常生活中我们一次次地在回答这些问题\is that we live some answer to these questions every day.因此怀疑论让你们举起双手放弃道德反思\So skepticism just throwing up your hands and giving up on moral reflection这绝非可行之策\is no solution.康德曾很贴切地描述了怀疑论的不足\Immanuel Kant described very well the problem with skepticism他写道怀疑论是人类理性暂时休憩的场所\when he wrote "Skepticism is a resting place for human reason}参见康德的《纯粹理性批判》是理性自省以伺将来做出正确抉择的地方\where it can reflect upon its dogmatic wanderings但绝非理性的永久定居地\but it is no dwelling place for permanent settlement." 康德认为简单地默许于怀疑论\"Simply to acquiesce in skepticism" Kant wrote 永远无法平息内心渴望理性思考之不安\"can never suffice to overcome the restlessness of reason."以上我是想向大家说明这些故事和争论\I've tried to suggest through these stories and these arguments展示的风险与诱惑挑战与机遇\some sense of the risks and temptations of the perils and the possibilities.简而言之这门课程旨在\I would simply conclude by saying that the aim of this course唤醒你们永不停息的理性思考探索路在何方\is to awaken the restlessness of reasonand to see where it might lead.谢谢\Thank you very much.在那样的绝境之下\Like in a situation that desperate为了生存你不得不那样做\you have to do what you have to do to survive.。
哈佛公开课 公平
Harvard University - Justice Michael Sandel哈佛大学公开课----公平迈克尔·桑代尔教授主讲Y our trolley car is hurtling down the track at 60 Mph.你的电车正以每小时60英里行驶。
Now we need to begin to investigate the reasons why you think is the right thing to do.我们还要研究你这样做的原因.Who is willing to volunteer a reason?谁愿意说说你的想法？Better to save five lives even if it means to sacrifice one.牺牲一个，救活更多人。
What became of the principle that almost everyone endorse in the first case?第一种情况几乎每个人都赞同，原因何在？Is there a way out of this?是否有更好的办法？Let‘s just forget a moment about this case.让我们暂时搁下这个故事。
Don‘t lean over.不要摔下来哦。
Let‘ step back from these stories, these arguments.让我们回过头来看这些故事和争论。
Certain moral principles have already begun to emerge from discussion we had.我们的谈论已经涉及到了一些道德的原则.Consequentialist moral reasoning locates morality in the consequences of an act in the state of the rule that we resolve from the thing you do.结果主义的道德推理取决于道德行为的后果,它取决于我们最后的结果。
哈佛大学公开课《公正：该如何做是好》：第一课：英文字幕
Funding for this program is provided by...Additional funding provided by...This is a course about justice and we begin with a you're the driver of a trolley car, and your trolley car is hurtling down the trackat miles an hour. And at the end of the track you notice five workers working on the try to stop but you can't, your brakes don't feel desperate because you know that if you crash into these five workers, they will all 's assume you know that for so you feel helpless until you notice that there is, off to the right, a side track and at the endof that track, there is one worker working on the steering wheel works,so you can turn the trolley car,if you want to,onto the side trackkilling the one but sparing the 's our first question:what's the right thing to doWhat would you doLet's take a many would turnthe trolley caronto the side trackRaise your many wouldn'tHow many would go straight aheadKeep your hands up those of youwho would go straight handful of people would,the vast majority would 's hear first,now we need to beginto investigate the reasonswhy you thinkit's the right thing to 's begin with those in the majoritywho would turn to goonto the side would you do itWhat would be your reasonWho's willing to volunteer a reasonGo ahead. Stand it can't be rightto kill five peoplewhen you can onlykill one person wouldn't be rightto kill five if you could killone person 's a good 's a good elseDoes everybody agreewith that reason Go I was thinking it's the same reasonon / with regardto the people who flew the planeinto the Pennsylvania fieldas heroes because they choseto kill the people on the planeand not kill more peoplein big the principle therewas the same on /.It's a tragic circumstancebut better to kill oneso that five can live,is that the reasonmost of you had,those of youwho would turn YesLet's hear nowfrom those in the minority,those who wouldn't turn. , I think that'sthe same type of mentalitythat justifies genocideand order to saveone type of race,you wipe out the what would you doin this caseYou would, toavoidthe horrors of genocide,you would crashinto the five and kill themPresumably, would. Who elseThat's a brave 's consideranother trolley car caseand see whether those of youin the majoritywant to adhereto the principle"better that one should dieso that five should live."This time you're not the driverof the trolley car,you're an 're standing on a bridgeoverlooking a trolley car down the track comesa trolley car,at the end of the trackare five workers,the brakes don't work,the trolley caris about to careeninto the five and kill now, you're not the driver,you really feel helplessuntil you noticestanding next to you,leaning over the bridgeis a very fat you couldgive him a would fall over the bridgeonto the track right in the wayof the trolley would diebut he would spare the , how many would pushthe fat man over the bridgeRaise your many wouldn'tMost people wouldn''s the obvious became of the principle"better to save five liveseven if it means sacrificing one"What became of the principlethat almost everyone endorsedin the first caseI need to hear from someonewho was in the majorityin both do you explainthe difference between the two second one, I guess,involves an active choiceof pushing a person downwhich I guess that person himselfwould otherwise not have beeninvolved in the situation at so to choose on his behalf,I guess, to involve himin something that heotherwise would have escaped is,I guess, more than whatyou have in the first casewhere the three parties,the driver and the two sets of workers,are already, I guess,in the the guy working,the one on the trackoff to the side,he didn't chooseto sacrifice his life any morethan the fat man did, did heThat's true, but he wason the tracks and...This guy was on the ahead, you can come backif you want. All 's a hard question. You did did very 's a hard else can find a wayof reconciling the reactionof the majorityin these two cases , I guess in the first casewhere you have the one workerand the five,it's a choice between those twoand you have to makea certainchoice and peopleare going to diebecause of the trolley car,not necessarily becauseof your direct trolley car is a runaway thingand you're making a split second pushing the fat man overis an actual actof murder on your have control over thatwhereas you may not have controlover the trolley I think it's a slightlydifferent right, who has a replyThat's good. Who has a wayWho wants to replyIs that a way out of thisI don't think that'sa very good reasonbecause you choose to-either way you have to choosewho dies because you eitherchoose to turn and kill the person,which is an actof conscious thought to turn,or you choose to pushthe fat man overwhich is also an active,conscious either way,you're making a you want to replyI'm not really surethat that's the just still seemskind of act of actually pushingsomeone over onto the tracksand killing him,you are actually killing him 're pushing himwith your own 're pushing himand that's differentthan steering somethingthat is going to causedeath into know, it doesn't really sound rightsaying it , no. It's good. It's 's your name me ask you this question, standing on the bridgenext to the fat man,I didn't have to push him,suppose he was standing overa trap door that I could openby turning a steering wheel like you turnFor some reason,that still just seems more I mean, maybe if you accidentallylike leaned into the steering wheelor something like ... Or say thatthe car is hurtlingtowards a switchthat will drop the I could agree with 's all right. Fair still seems wrong in a waythat it doesn't seem wrongin the first case to turn, you in another way, I mean,in the first situationyou're involved directlywith the the second one,you're an onlooker as right. -So you have the choiceof becoming involved or notby pushing the fat right. Let's forget for the momentabout this 's 's imagine a different time you're a doctorin an emergency roomand six patientscome to 've been in a terribletrolley car of themsustain moderate injuries,one is severely injured,you could spendall daycaring for the oneseverely injured victimbut in that time,the five would you could look after the five,restore them to healthbut during that time,the one severely injured personwould many would save the fiveNow as the doctor,how many would save the oneVery few people,just a handful of reason, I life versus fiveNow consider another doctor time, you're a transplant surgeonand you have five patients,each in desperate needof an organ transplantin order to needs a heart,one a lung, one a kidney,one a liver,and the fifth a you have no organ are about to see them then it occurs to youthat in the next roomthere's a healthy guywho came in for a he's – you like that –and he's taking a nap,you could go in very quietly,yank out the five organs,that person would die,but you could save the many would do itAnyone How manyPut your hands upif you would do in the balconyI would Be careful,don't lean over too many wouldn'tAll right. What do you saySpeak up in the balcony,you who would yank outthe organs. WhyI'd actually like to explore aslightly alternate possibilityof just taking the oneof the five who needs an organwho dies first and usingtheir four healthy organsto save the other 's a pretty good 's a great ideaexcept for the factthat you just wreckedthe philosophical 's step back from these storiesand these argumentsto notice a couple of thingsabout the way the argumentshave begun to moral principleshave already begun to emergefrom the discussions we've let's considerwhat those moral principles look first moral principlethat emerged in the discussionsaid the right thing to do,the moral thing to dodepends on the consequencesthat will result from your the end of the day,better that five should liveeven if one must 's an exampleof consequentialist moral moral reasoninglocates moralityin the consequences of an act,in the state of the worldthat will result from the thing you then we went a little further,we considered those other casesand people weren't so sureabout consequentialist moral peoplehesitatedto push the fat manover the bridgeor to yank out the organsof the innocent patient,people gestured toward reasonshaving to do withthe intrinsic qualityof the act itself,consequences be what they were thought it was just wrong,categorically wrong,to kill a person,an innocent person,even for the sakeof saving five least people thoughtthat in the second versionof each story we this pointsto a second categorical wayof thinking about moral moral reasoninglocates moralityin certain absolutemoral requirements,certain categorical duties and rights,regardless of the 're going to explorein the days and weeks to comethe contrast betweenconsequentialist and categoricalmoral most influential exampleof consequential moral reasoningis utilitarianism,a doctrine inventedby Jeremy Bentham,the th centuryEnglish political most important philosopherof categorical moral reasoningis the th centuryGerman philosopher Immanuel we will lookat those two different modesof moral reasoning,assess them,and also consider you look at the syllabus,you'll notice that we reada number of greatand famous books,books by Aristotle, John Locke,Immanuel Kant, John Stewart Mill,and 'll notice toofrom the syllabusthat we don't onlyread these books;we also take up contemporary,political, and legal controversiesthat raise philosophical will debate equality and inequality,affirmative action, free speech versushate speech, same sex marriage,military conscription,a range of practical questions. WhyNot just to enliventhese abstract and distant booksbut to make clear,to bring out what's at stakein our everyday lives,including our political lives,for so we will read these booksand we will debate these issues,and we'll see how each informsand illuminates the may sound appealing enough,but here I have to issue a the warning is this,to read these booksin this way as an exercisein self knowledge,to read them in this waycarries certain risks,risks that are both personaland political,risksthat every studentof political philosophy has risks spring from the factthat philosophy teaches usand unsettles usby confronting us withwhat we already 's an difficulty of this courseconsists in the factthat it teacheswhat you already works by taking what we knowfrom familiar unquestioned settingsand making it 's how those examples worked,the hypotheticals with which we began,with their mix of playfulnessand 's also how thesephilosophical books estranges usfrom the familiar,not by supplying new informationbut by inviting and provokinga new way of seeing but,and here's the risk,once the familiar turns strange,it's never quite the same knowledge is like lost innocence,however unsettling you find it;it can never be un-thoughtor makes this enterprise difficultbut also rivetingis that moral and political philosophyis a story and you don't knowwhere the story will what you do knowis that the story is about are the personal what of the political risksOne way of introducing a courselike this would be to promise youthat by reading these booksand debating these issues,you will become a better,more responsible citizen;you will examine the presuppositionsof public policy,you will hone your political judgment,you will become a moreeffective participant in public this would be a partialand misleading philosophy,for the most part,hasn't worked that have to allow for the possibilitythat political philosophymay make you a worse citizenrather than a better oneor at least a worse citizenbefore it makes you a better one,and that's becausephilosophy is a distancing,even debilitating, you see this,going back to Socrates,there's a dialogue,the Gorgias, in whichone of Socrates' friends, Callicles,tries to talk him out tells Socrates"Philosophy is a pretty toyif one indulges in itwith moderationat the right time of life. But if onepursues it further than one should,it is absolute ruin.""Take my advice," Callicles says,"abandon the accomplishmentsof active life,take for your modelsnot those people whospendtheir time on these petty quibblesbut those who have a good livelihoodand reputation and manyother blessings."So Callicles is really saying to Socrates"Quit philosophizing, get real,go to business school."And Callicles did have a had a point because philosophydistances us from conventions,from established assumptions,and from settled are the risks,personal and in the faceof these risks,there is a characteristic name of the evasionis skepticism, it's the idea –well, it goes something like this –we didn't resolve once and for alleither the cases or the principleswe were arguing when we beganand if Aristotle and Lockeand Kant and Millhaven't solved these questionsafter all of these years,who are we to think that we,here in Sanders Theatre,over the course of a semester,can resolve themAnd so, maybe it's just a matterof each person having his or her ownprinciples and there's nothing moreto be said about it,no way of 's the evasion,the evasion of skepticism,to which I would offerthe following 's true, these questions have beendebated for a very long timebut the very factthat they have recurred and persistedmay suggest that thoughthey're impossible in one sense,they're unavoidable in the reason they're unavoidable,the reason they're inescapableis that we live some answerto these questions every skepticism, just throwing up your handsand giving up on moral reflectionis no Kant described very wellthe problem with skepticismwhen he wrote"Skepticism is a resting placefor human reason,where it can reflect uponits dogmatic wanderings,but it is no dwelling placefor permanent settlement.""Simply to acquiesce in skepticism,"Kant wrote,"can never suffice to overcomethe restlessness of reason."I've tried to suggestthrough these storiesand these argumentssome sense of the risksand temptations,of the perils and the would simply conclude by sayingthat the aim of this courseis to awaken the restlessness of reasonand to see where it might you very , in a situation thatdesperate,you have to dowhat you have to do to have to do what you have to doYou got to dowhat you got to do, pretty you've been going dayswithout any food, you know,someone just hasto take the has to make the sacrificeand people can , that's 's your name, what do you say to MarcusLast time,we started out last timewith some stories,with some moral dilemmasabout trolley carsand about doctorsand healthy patientsvulnerable to being victimsof organ noticed two thingsabout the arguments we had,one had to do with the waywe were began with our judgmentsin particular tried to articulate the reasonsor the principles lying behindour then confrontedwith a new case,we found ourselvesreexamining those principles,revising eachin the light of the we noticed thebuilt in pressureto try to bring into alignmentour judgmentsabout particular casesand the principleswe would endorseon also noticed somethingabout the substanceof the argumentsthat emerged from the noticed that sometimeswe were tempted to locatethe morality of an actin the consequences, in the results,in the state of the worldthat it brought we called thisconsequentialist moral we also noticedthat in some cases,we weren't swayedonly by the , many of us felt,that not just consequencesbut also the intrinsic qualityor characterof the act matters people arguedthat there are certain thingsthat are just categorically wrongeven if they bring abouta good result,even if they saved five peopleat the cost of one we contrasted consequentialistmoral principles with categorical and in the next few days,we will begin to examineone of the most influential versionsof consequentialist moral that's the philosophyof Bentham,the th centuryEnglish political philosophergave first the first clearsystematic expressionto the utilitarian moral Bentham's idea,his essential idea,is a very simple a lot of morallyintuitive appeal,Bentham's ideais the following,the right thing to do;the just thing to dois to maximize did he mean byutilityHe meant by utilitythe balance of pleasure over pain,happiness over 's how he arrivedat the principle of maximizing started out by observingthat all of us,all human beings are governedby two sovereign masters:pain and human beingslike pleasure and dislike so we should base morality,whether we're thinking aboutwhat to do in our own livesor whether as legislators or citizens,we're thinking aboutwhat the laws should right thing to do individuallyor collectively is to maximize,act in a way that maximizesthe overall level of 's utilitarianismis sometimes summed upwith the slogan"The greatest goodfor the greatest number."With this basic principleof utility on hand,let's begin to test itand to examine itby turning to another case,another story, but this time,not a hypothetical story,a real life story,the case of the Queenversus Dudley and was a th centuryBritish law casethat's famous and much debatedin law 's what happened in the 'll summarize the storythen I want to hearhow you would rule,imagining that you were the newspaper account of the timedescribed the sadder story of disasterat sea was never toldthan that of the survivorsof the yacht, ship flounderedin the South Atlantic, miles from the were four in the crew,Dudley was the captain,Stevens was the first mate,Brooks was a sailor,all men of excellent characteror so the newspaper account tells fourth crew memberwas the cabin boy,Richard Parker, years was an orphan,he had no family,and he was on his firstlong voyage at went,the news account tells us,rather against the adviceof his went in the hopefulnessof youthful ambition,thinking the journeywould make a man of , it was not to facts of the casewere not in wave hit the shipand the Mignonette went four crew membersescaped to a only food they hadwere two cans ofpreserved turnips,no fresh the first three days,they ate the fourth day,they opened oneof the cans of turnipsand ate next daythey caught a with the othercan of turnips,the turtle enabled themto subsist for the next few then for eight days,theyhad food. No yourselfin a situation like that,what would you doHere's what they now the cabin boy, Parker,is lying at the bottomof the lifeboatin the cornerbecause he had drunk seawateragainst the advice of the othersand he had become illand he appeared to be on the th day,Dudley, the captain,suggested that they should allhave a lottery,that they should draw lotsto see who would dieto save the didn't like the lottery don't knowwhether this wasbecause he didn't wantto take the chanceor because he believedin categorical moral in any case,no lots were next daythere was still no ship in sightso Dudley told Brooksto avert his gazeand he motioned to Stevensthat the boy, Parker,had better be offered a prayer,he told the boy his time had come,and he killed himwith a pen knife,stabbing himin the jugular emergedfrom his conscientious objectionto sharein the gruesome four days,the three of them fedon the body and bloodof the cabin then they were describes their rescuein his diary with staggering euphemism."On the th day,as we were having our breakfast,a ship appeared at last."The three survivorswere picked up by a German were taken backto Falmouth in Englandwhere they were arrestedand turned state's and Stevens went to didn't dispute the claimed they hadacted out of necessity;that was their argued in effectbetter that one should dieso that three could prosecutor wasn't swayedby that said murder is murder,and so the case went to imagine you are the just to simplify the discussion,put aside the question of law,let's assume that you as the juryare charged with decidingwhether what they didwas morally permissible or many would vote'not guilty',that what they didwas morally permissibleAnd how manywould vote 'guilty',what they did wasmorally wrongA pretty sizeable let's see what people's reasons areand let me begin with thosewho are in the 's hear first from the defenseof Dudley and would you morallyexonerate themWhat are your reasons think it is morallyreprehensiblebut I think thatthereis a distinctionbetween what's morally reprehensibleand what makes someonelegally other words,as the judge said,what's always moralisn't necessarily against the lawand while I don't thinkthat necessity justifies theftor murder or any illegal act,at some point your degreeof necessity does, in fact,exonerate you from any . Good. Other voices for the justificationsfor what they did. just feel likein the situation that desperate,you have to dowhat you have to do to have to dowhat you have to , you've got to dowhat you've got to you've been going days without any food, you know,someone just has to take the sacrifice,someone has to make the sacrificeand people can furthermore from that,let's say they surviveand then they become productivemembers of societywho go home and startlike a million charity organizationsand this and thatand this and mean they benefited everybodyin the end. , I mean I don't knowwhat they did afterwards,they might have gone and like,I don't know,killed more people, I don't but. -WhatMaybe they were if they went homeand they turned out to be assassinsWhat if they'd gone homeand turned out to be assassins Well…You'd want to knowwho they 's true too. That's 's fair. I would want to knowwho they right. That's 's your name. All 've heard a defense,a couple of voicesfor the we need to hearfrom the people thinkwhat they did was wrong. WhyYes. -One of the first thingsthat I was thinking wasthey haven't been eatingfor a really long timemaybe they're mentallylike affected and sothen that could be usedas a defense,a possible argumentthat they weren'tin the proper state of mind,they weren't making decisionsthey might otherwise be if that's an appealing argumentthat you have to bein an altered mindsetto do something like that,it suggests that peoplewho find that argument convincingdo think that they wereacting what do you-I want to knowwhat you defend 'm sorry, you vote to convict, rightYeah, I don't think thatthey acted in a morallyappropriate why notWhat do you say,here's Marcus,he justdefended said –you heard what he you've got to dowhat you've got to doin a case like that. do you say to MarcusThat there'sno situation that would allowhuman beings to take the ideaof fate orthe other people's livesin their own hands,that we don't havethat kind of . what's your name. Okay. Who elseWhat do you say Stand 'm wondering if Dudley and Stevenhad asked for Richard Parker'sconsent in you know, dying,if that would exonerate themfrom an act of murderand if so,is that still morally justifiableThat's right. wait, hang 's your name sayssuppose they had that,what would thatscenario look likeSo in the story Dudley is there,pen knife in hand,but instead of the prayeror before the prayer,he says "Parker, would you mind""We're desperately hungry",as Marcus empathizes with,"we're desperately 're not going to last long anyhow."-Yeah. You can be a martyr."Would you be a martyrHow about it Parker"Then what do you thinkWould it be morally justified thenSuppose Parkerin his semi-stupor says "Okay."I don't think it would bemorally justifiable but I'm wondering if –Even then, even then it wouldn't be don't think thateven with consentit would be morally justifiedAre there people who thinkwho want to take upKathleen's consent ideaand who think thatthat would make itmorally justifiedRaise your handif it would, if you think it 's very would consentmake a moral differenceWhy would it , I just thinkthat if he was makinghis own original ideaand it was his ideato start with,then that would bethe only situationin which I would see itbeing appropriate in any waybecause that wayyou couldn't make the argumentthat he was pressured,you know it's three-to-oneor whatever the ratio . -And I think that if he wasmaking a decisionto give his lifeand he took on the agencyto sacrifice himselfwhich some peoplemight see as admirableand other people might disagreewith that if he came upwith the idea,that's the only kindof consent we could haveconfidence in morallythen it would be , it would be kind ofcoerced consentunder the circumstances,you thereanyone who thinksthat even the consent of Parkerwould not justify their killing himWho thinks that us why. Stand think that Parkerwould be killed with the hopethat the other crew memberswould be rescued so there's nodefinite reason thathe should be killedbecause you don't knowwhen they're going to get rescuedso if you kill him,it's killing him in vain,do you keep killing a crew memberuntil you're rescuedand then you're left with no onebecause someone's goingto die eventuallyWell, the moral logicof the situation seems to be that,that they would keep onpicking off the weakest maybe,one by one,until they were in this case, luckily,they were rescued when three at leastwere still , if Parker did give his consent,would it be all right,do you think or notNo, it still wouldn't be tell us whyit wouldn't be all of all, cannibalism,I believe, is morally incorrectso you shouldn't beeating human cannibalism is morallyobjectionable as such so then,even on the scenario ofwaiting until someone died,still it would be , to me personally,I feel like it all dependson one's personal moralsand like we can't sit here and just,like this is just my opinion,of course other peopleare going to disagree, but –Well we'll see,let's see what their disagreements areand then we'll seeif they have reasons that canpersuade you or 's try that. All , is there someonewho can explain,those of you who aretempted by consent,can you explain whyconsent makes sucha moral differenceWhat about the lottery ideaDoes that count as consentRemember at the beginning,Dudley proposed a lottery,suppose that they had agreedto a lottery,then how many would then sayit was all rightSuppose there were a lottery,cabin boy lost,and the rest of the story unfolded,then how many people would sayit was morally permissibleSo the numbers are risingif we had a 's hear from one of youfor whom the lotterywould make a moral would itI think the essential element,in my mind,that makes it a crimeis the idea that they decidedat some point that their liveswere more important than his,andthat, I mean, that's kind ofthe basis for really any It's like my needs,my desires are more importantthan yours and minetake if they had done a lotterywhere everyone consentedthat someone should dieand it's sort of like they're allsacrificing themselvesto save the it would be all rightA little grotesque but–.-But morally permissible what's your name Matt, for you,what bothers you isnot the cannibalismbut the lack of due guess you could say And can someone who agreeswith Matt say a little bit moreabout why a lottery would make it,in your view, morally way I understood itoriginally was thatthat was the whole issueis that the cabin boywas never consultedabout whether or notsomething was goingto happen to him,even with the original lotterywhether or nothe would bea part of that,it was just decidedthat he was the onethat was going to , that's what happenedin the actual if there were a lotteryand they'd all agreed to the procedure,you think that would be okayRight, because then everyoneknows that there's going to be a death,whereas the cabin boy didn't know thatthis discussion was even happening,there was no forewarningfor him to know that"Hey, I may be the one that's dying."All , suppose everyone agreesto the lottery, they have the lottery,the cabin boy loses,and he changes his 've already decided,it's like a verbal can't go back on that,you've decided,the decision was you know that you're dyingfor the reason of others to someone else had died,you know that you wouldconsume them so –Right. But then you could say,"I know, but I lost".I just think thatthat's the whole moral issueis that there was no consultingof the cabin boyand that's what makes itthe most horribleis that he had no ideawhat was even going had he knownwhat was going on,it would be a bit right. I want to hear –so there are some who thinkit's morally permissiblebut only about %,led by there are some who saythe real problem hereis the lack of consent,whether the lack of consentto a lottery, to a fair procedure or,Kathleen's idea,lack of。
哈佛公开课：公正该如何是好笔记
Professor: Michael sandelClass 1: the moral side of murderFirst question: What is the right thing to do? Kill one instead of five?Backgrounds: Suppose that you are a trolley（电车） driver, your breaks don’t work, you still could control the steering wheel, and there are two tracks in front of youOne opinion: go straightSecond one: turn around to the track where only one people standingPrinciple: better to save five lives even if it means to sacrificing one 第一种观点：转弯牺牲一个人的做法和极权主义和种族主义（genocide and totalitarianism）的出发点一致第二种观点：你不能做出杀死五个人而放弃牺牲一个人就能救五人性命的选择。
（多数选择）场景转换：你变成了一个onlooker（旁观者）在桥上看着轨道，身边有一个胖子探出身子再看，你会把他推下桥从而救五个人的命吗？不会（多数选择）:推人是主观行动而且是你可控制的行为，而电车的情况你无法控制Moral principle: 1 what you should do depends on the consequences that will result from your actions. (consequentialist moral reasoning 结果主义道德伦理 locates morality in the consequence of an act) related to utilitarianism(功利主义)2 categorical moral reasoning 绝对主义道德伦理 locates morality in certain duties and rightsPhilosophy estranges us from the familiar by inviting and provoking usa new way of seeing哲学使得熟悉的事物变得陌生通过引进和启发我们一个看待事物的新方式Once the familiar turns strange is never quite same againImmanuel kant skepticism is a resting place for human reasonOne of the most important and influential versions of consequentialist moral theory: philosophy of utilitarianism, Jeremy bentham,english philosopher first gave this conceptUtilitarianism : Jeremy bentham idea is maximize the utility(效益最大化)，utility: Pleasure over pain, the slogan of it “the greatest good for the greatest number”故事：19世纪的英国法律案件，在所在帆船被风浪击毁，超过二十天在救生艇上飘荡的四名英国船员，三人因为生存的需要杀了他们奄奄一息的同伴并以他的血和肉生存下来并且最终得救，回到英国三人面临抹杀罪名的审判，他们的行为在道德上能否被接受？It still unaccepted to killing one for survival (vast majority): you don’t own this power to decide others’ fatesClass two: putting a price tag on lifeUtility logic :cost-benefit analysis(成本收益分析)，placing a value to stand for utility on cost and benefits of various proposalssmokeSavings from premature deaths $1227 per personRepairing the ford pinto(斑马)(a flawed car produced by ford who haveObjections to utilitarianism:1 fails to respect individual/minority rights2 not possible to aggregate(合计) all values into $-using a single measure like $-isn’t there is a distinction between higher and lower pleasureBentham says :“pushpin(图钉游戏) is as good as poetry”，which shows he just address the duration and intensity of pleasureWho to say their pleasures are higher、wealthier and nobler than othersAny want or satisfaction which exists exists in some account and therefore measurableA latter-day(近代) utilitarian John Stuart mill try to humanize utilitarianism accommodate humanitarian concerns(纳入人道关怀)The only test for distinguish higher and lower pleasure is whether someone who has experienced both would prefer it.“It is better to be a human being dissatisfied than be a pig satisfied .”said by mill, because we would prefer higher pleasure that we know it can engages our higher human faculties(系，才能),and for receiving the higher pleasure need education、cultivation(培养)、appreciation.Bentham(who died in 1832) provided his body be preserved in embalmed and displayed in university of London where he still wore his actual clothes with waxed head in a glass case. He fulfills his concept of philosophy to maximize a body of a dead people.Class three: free to chooseQuestion one:are there theories of the good life that can provide independent moral standards for the worthy of pleasure, if so, what do they look like?Strong theories of rights say that individuals matter not just as instruments to be used for a lager social purpose or for the sake of the utility, individuals are separate beings with separate lives worthy of respect. And it is a mistake according to the strong theories that think about justice or law just by adding up preferences and values, which we talk about now is libertarianism (自由意志论)，it think the fundamental individual right is the right to be liberty. Provided we respect others”have the same right to choose freely and live our lives as please.1 no paternalist legislation (家长式立法)2 no moral legislation3 no redistribution (再分配) of income from rich to poor.Nozick : what makes income distribution just?1 justice in acquisition (initial holdings)2 justice in transfer (free marketNozick”s arguments against taxation:Taxation=taking of earningsTaking of earnings = forced laborForced labor=slaveryViolate the principle of self-possessionBut what if we don’t have self-possession cause we agree to live in a society ,which don’t allow you choose whatever you want to do.Class four: this land is my land.Under the law of nature, I’m not free to take someone else`s life or liberty, or property, nor am I free to take my own life or liberty and property. (nature`s constrains)Nature rights are unalienable and nontransferable for mankind, which means that the state of nature (we have it before state comes out) ask us to keep the rights to ourselves and not allow us to trade or give up them.Locker and other libertarians say that cause we own the property in ourselves furthermore we our own labor and from that to the further claim that whatever we mix our labor with that is un-owned becomes our property.Locker thinks that private property is raised without consent(同意)Problem: If the right to private property is natural, not conventional(协议性), if it is something that we acquire even before we agree to government, how does this right constrain what a legitimate(合法的)government can do? Furthermore, it rises what becomes our natural right once it enters society?We consent to be governed by a legitimate government and human laws just when it respects our unalienable natural rights to life、liberty and property. No parliament (议会)，no legislature(立法机构) can legitimate violate our natural roghts.Locker`s two big ideas, one is private property and another one is consent.With the idea of consent that everyone is an executer of the law of nature to punish the ones who against the law of nature, everyone can do the punishing in the state of nature, in this situation people tend to overreact use the punish power, which makes the inconveniences that every is insecure.So for escape the state of nature to protect themselves, they agree togive up the enforcement power to do whatever the majority decides. Question: what the majority can decide?First of all, the government limited by respecting and enforcing our fundamental natural rights, we didn`t give up the rights when we entered the society.Question: what is the work of consent? And meanwhile the consent is not the personal decision but based on the collective consent when we first entered into this society.(i.e. the taxation)Question :if we don`t have the power to give up our natural rights ,which is the limits of the government ,how can we agree to be bound(约束)by a majority that will enforce us to sacrifice our lives or the property(like the military conscription 征兵制度 and taxation)To answer this question that john locker actually support that only if the government or the authority not arbitrarily(蛮横、专制的) take individual`s life or property, but the majority according to fair procedure to make generally applicable law to require individual, that is not a violation, which justify the conscription and taxation..Class five: hired guns?Question: why is consent such a powerful moral instrument in creating political authority and obligation to obey?Us government is facing a huge difficulties meeting recruitment.Ways to increase recruitment for the force:1 increase the pay and benefit.2 shift to military conscription(a draft选择)强制征兵3 outsource: hire mercenaries(雇佣兵)During civil war, the union used a combination of conscription and market system to recruit solider. which means if you were chosen you could find a substitute (代替者)。
哈佛大学公开课《公正：该如何做是好》：全五课：英文字幕
THE MORAL SIDE OF MURDER This is a course about justiceand we begin with a story. Suppose you're the driverof a trolley car,and your trolley caris hurtling down the trackat 60 miles an hour.And at the end of the trackyou notice five workersworking on the track.You try to stopbut you can't,your brakes don't work.You feel desperatebecause you knowthat if you crashinto these five workers,they will all die.Let's assumeyou know that for sure.And so you feel helplessuntil you noticethat there is,off to the right,a side track and at the endof that track,there is one workerworking on the track.Your steering wheel works,so you can turn the trolley car,if you want to,onto the side trackkilling the one but sparing the five. Here's our first question:what's the right thing to do?What would you do?Let's take a poll.How many would turnthe trolley caronto the side track?Raise your hands.How many wouldn't?How many would go straight ahead? Keep your hands up those of youwho would go straight ahead.A handful of people would,the vast majority would turn.Let's hear first,now we need to beginto investigate the reasonswhy you thinkit's the right thing to do.Let's begin with those in the majority who would turn to goonto the side track.Why would you do it?What would be your reason?Who's willing to volunteer a reason? Go ahead. Stand up.Because it can't be rightto kill five peoplewhen you can onlykill one person instead.It wouldn't be rightto kill five if you could killone person instead.That's a good reason.That's a good reason.Who else?Does everybody agreewith that reason? Go ahead.Well I was thinking it's the same reason on 9/11 with regardto the people who flew the planeinto the Pennsylvania fieldas heroes because they choseto kill the people on the planeand not kill more peoplein big buildings.So the principle therewas the same on 9/11.It's a tragic circumstancebut better to kill oneso that five can live,is that the reasonmost of you had,those of youwho would turn? Yes?Let's hear nowfrom those in the minority, those who wouldn't turn. Yes. Well, I think that'sthe same type of mentality that justifies genocideand totalitarianism.In order to saveone type of race,you wipe out the other.So what would you doin this case?You would, to avoidthe horrors of genocide,you would crashinto the five and kill them? Presumably, yes.You would?-Yeah.Okay. Who else?That's a brave answer.Thank you.Let's consideranother trolley car caseand see whether those of you in the majoritywant to adhereto the principle"better that one should dieso that five should live."This time you're not the driver of the trolley car,you're an onlooker.You're standing on a bridge overlooking a trolley car track. And down the track comesa trolley car,at the end of the trackare five workers,the brakes don't work,the trolley caris about to careeninto the five and kill them. And now, you're not the driver,you really feel helplessuntil you noticestanding next to you,leaning over the bridgeis a very fat man.And you couldgive him a shove.He would fall over the bridgeonto the track right in the wayof the trolley car.He would diebut he would spare the five.Now, how many would pushthe fat man over the bridge?Raise your hand.How many wouldn't?Most people wouldn't.Here's the obvious question.What became of the principle "better to save five liveseven if it means sacrificing one?" What became of the principlethat almost everyone endorsedin the first case?I need to hear from someonewho was in the majorityin both cases.How do you explainthe difference between the two? Yes. The second one, I guess,involves an active choiceof pushing a person downwhich I guess that person himself would otherwise not have been involved in the situation at all.And so to choose on his behalf,I guess, to involve himin something that heotherwise would have escaped is,I guess, more than whatyou have in the first casewhere the three parties,the driver and the two sets of workers,are already, I guess,in the situation.But the guy working,the one on the trackoff to the side,he didn't chooseto sacrifice his life any morethan the fat man did, did he?That's true, but he wason the tracks and...This guy was on the bridge.Go ahead, you can come backif you want. All right.It's a hard question. You did well.You did very well.It's a hard question.Who else can find a wayof reconciling the reactionof the majorityin these two cases? Yes.Well, I guess in the first casewhere you have the one workerand the five,it's a choice between those twoand you have to makea certain choice and peopleare going to diebecause of the trolley car,not necessarily becauseof your direct actions.The trolley car is a runaway thingand you're making a split second choice. Whereas pushing the fat man overis an actual actof murder on your part.You have control over thatwhereas you may not have controlover the trolley car.So I think it's a slightlydifferent situation.All right, who has a reply?That's good. Who has a way?Who wants to reply?Is that a way out of this? I don't think that'sa very good reasonbecause you choose to-either way you have to choosewho dies because you eitherchoose to turn and kill the person, which is an actof conscious thought to turn,or you choose to pushthe fat man overwhich is also an active,conscious action.So either way,you're making a choice.Do you want to reply?I'm not really surethat that's the case.It just still seemskind of different.The act of actually pushing someone over onto the tracksand killing him,you are actually killing him yourself. You're pushing himwith your own hands.You're pushing himand that's differentthan steering somethingthat is going to causedeath into another.You know, it doesn't really sound right saying it now.No, no. It's good. It's good.What's your name?Andrew.Andrew.Let me ask you this question, Andrew. Yes.Suppose standing on the bridgenext to the fat man,I didn't have to push him,suppose he was standing overa trap door that I could openby turning a steering wheel like that.Would you turn?For some reason,that still just seems more wrong. Right?I mean, maybe if you accidentally like leaned into the steering wheel or something like that.But... Or say thatthe car is hurtlingtowards a switchthat will drop the trap.Then I could agree with that.That's all right. Fair enough.It still seems wrong in a waythat it doesn't seem wrongin the first case to turn, you say. And in another way, I mean,in the first situationyou're involved directlywith the situation.In the second one,you're an onlooker as well.All right. -So you have the choiceof becoming involved or notby pushing the fat man.All right. Let's forget for the moment about this case.That's good.Let's imagine a different case.This time you're a doctorin an emergency roomand six patientscome to you.They've been in a terribletrolley car wreck.Five of themsustain moderate injuries,one is severely injured,you could spend all daycaring for the oneseverely injured victimbut in that time,the five would die.Or you could look after the five, restore them to healthbut during that time,the one severely injured person would die.How many would save the five? Now as the doctor,how many would save the one? Very few people,just a handful of people.Same reason, I assume.One life versus five?Now consider another doctor case. This time, you're a transplant surgeon and you have five patients,each in desperate needof an organ transplantin order to survive.One needs a heart,one a lung, one a kidney,one a liver,and the fifth a pancreas.And you have no organ donors.You are about to see them die.And then it occurs to youthat in the next roomthere's a healthy guywho came in for a check-up.And he's – you like that –and he's taking a nap,you could go in very quietly,yank out the five organs,that person would die,but you could save the five.How many would do it?Anyone? How many?Put your hands upif you would do it.Anyone in the balcony?I would.You would? Be careful,don't lean over too much.How many wouldn't?All right. What do you say?Speak up in the balcony,you who would yank outthe organs. Why?I'd actually like to explore aslightly alternate possibilityof just taking the oneof the five who needs an organwho dies first and usingtheir four healthy organsto save the other four.That's a pretty good idea.That's a great ideaexcept for the factthat you just wreckedthe philosophical point.Let's step back from these storiesand these argumentsto notice a couple of thingsabout the way the argumentshave begun to unfold.Certain moral principleshave already begun to emergefrom the discussions we've had.And let's considerwhat those moral principles look like. The first moral principlethat emerged in the discussionsaid the right thing to do,the moral thing to dodepends on the consequencesthat will result from your action.At the end of the day,better that five should liveeven if one must die.That's an exampleof consequentialist moral reasoning. Consequentialist moral reasoning locates moralityin the consequences of an act,in the state of the worldthat will result from the thing you do. But then we went a little further,we considered those other casesand people weren't so sureabout consequentialist moral reasoning. When people hesitatedto push the fat manover the bridgeor to yank out the organsof the innocent patient,people gestured toward reasons having to do withthe intrinsic qualityof the act itself,consequences be what they may. People were reluctant.People thought it was just wrong, categorically wrong,to kill a person,an innocent person,even for the sakeof saving five lives.At least people thoughtthat in the second versionof each story we considered.So this pointsto a second categorical wayof thinking about moral reasoning. Categorical moral reasoning locates moralityin certain absolutemoral requirements,certain categorical duties and rights, regardless of the consequences. We're going to explorein the days and weeks to comethe contrast between consequentialist and categorical moral principles.The most influential exampleof consequential moral reasoningis utilitarianism,a doctrine inventedby Jeremy Bentham,the 18th centuryEnglish political philosopher.The most important philosopherof categorical moral reasoningis the 18th centuryGerman philosopher Immanuel Kant.So we will lookat those two different modesof moral reasoning,assess them,and also consider others.If you look at the syllabus,you'll notice that we reada number of greatand famous books,books by Aristotle, John Locke, Immanuel Kant, John Stewart Mill, and others.You'll notice toofrom the syllabusthat we don't onlyread these books;we also take up contemporary, political, and legal controversiesthat raise philosophical questions.We will debate equality and inequality, affirmative action, free speech versus hate speech, same sex marriage, military conscription,a range of practical questions. Why? Not just to enliventhese abstract and distant booksbut to make clear,to bring out what's at stakein our everyday lives,including our political lives,for philosophy.And so we will read these booksand we will debate these issues,and we'll see how each informsand illuminates the other.This may sound appealing enough, but here I have to issue a warning. And the warning is this,to read these booksin this way as an exercisein self knowledge,to read them in this waycarries certain risks, risks that are both personaland political,risks that every studentof political philosophy has known. These risks spring from the factthat philosophy teaches usand unsettles usby confronting us withwhat we already know.There's an irony.The difficulty of this courseconsists in the factthat it teacheswhat you already know.It works by taking what we know from familiar unquestioned settings and making it strange.That's how those examples worked, the hypotheticals with which we began, with their mix of playfulnessand sobriety.It's also how thesephilosophical books work. Philosophy estranges usfrom the familiar,not by supplying new informationbut by inviting and provokinga new way of seeing but,and here's the risk,once the familiar turns strange,it's never quite the same again.Self knowledge is like lost innocence, however unsettling you find it;it can never be un-thoughtor un-known.What makes this enterprise difficult but also rivetingis that moral and political philosophy is a story and you don't knowwhere the story will lead.But what you do knowis that the story is about you.Those are the personal risks.Now what of the political risks?One way of introducing a courselike this would be to promise you that by reading these booksand debating these issues,you will become a better,more responsible citizen;you will examine the presuppositions of public policy,you will hone your political judgment, you will become a moreeffective participant in public affairs. But this would be a partialand misleading promise.Political philosophy,for the most part,hasn't worked that way.You have to allow for the possibility that political philosophymay make you a worse citizenrather than a better oneor at least a worse citizenbefore it makes you a better one,and that's becausephilosophy is a distancing,even debilitating, activity.And you see this,going back to Socrates,there's a dialogue,the Gorgias, in whichone of Socrates' friends, Callicles, tries to talk him out of philosophizing.Callicles tells Socrates "Philosophy is a pretty toyif one indulges in itwith moderationat the right time of life. But if one pursues it further than one should,it is absolute ruin.""Take my advice," Callicles says, "abandon argument.Learn the accomplishmentsof active life, take for your modelsnot those people who spendtheir time on these petty quibblesbut those who have a good livelihood and reputation and manyother blessings."So Callicles is really saying to Socrates "Quit philosophizing, get real,go to business school."And Callicles did have a point.He had a point because philosophy distances us from conventions,from established assumptions,and from settled beliefs.Those are the risks,personal and political.And in the faceof these risks,there is a characteristic evasion.The name of the evasionis skepticism, it's the idea –well, it goes something like this –we didn't resolve once and for all either the cases or the principleswe were arguing when we beganand if Aristotle and Lockeand Kant and Millhaven't solved these questionsafter all of these years,who are we to think that we,here in Sanders Theatre,over the course of a semester,can resolve them?And so, maybe it's just a matterof each person having his or her own principles and there's nothing moreto be said about it,no way of reasoning.That's the evasion,the evasion of skepticism,to which I would offerthe following reply.It's true, these questions have beendebated for a very long timebut the very factthat they have recurred and persistedmay suggest that thoughthey're impossible in one sense,they're unavoidable in another.And the reason they're unavoidable,the reason they're inescapableis that we live some answerto these questions every day.So skepticism, just throwing up your hands and giving up on moral reflectionis no solution.Immanuel Kant described very wellthe problem with skepticismwhen he wrote"Skepticism is a resting placefor human reason,where it can reflect uponits dogmatic wanderings,but it is no dwelling placefor permanent settlement.""Simply to acquiesce in skepticism,"Kant wrote,"can never suffice to overcomethe restlessness of reason."I've tried to suggestthrough these storiesand these argumentssome sense of the risksand temptations,of the perils and the possibilities.I would simply conclude by sayingthat the aim of this courseis to awaken the restlessness of reason and to see where it might lead.Thank you very much.Like, in a situation that desperate,you have to dowhat you have to do to survive.-You have to do what you have to do? You got to dowhat you got to do, pretty much.If you've been going 19 days without any food, you know, someone just hasto take the sacrifice.Someone has to make the sacrifice and people can survive.Alright, that's good.What's your name?Marcus.-Marcus, what do you say to Marcus? Last time,we started out last timewith some stories,with some moral dilemmasabout trolley carsand about doctorsand healthy patientsvulnerable to being victimsof organ transplantation.We noticed two thingsabout the arguments we had,one had to do with the waywe were arguing.We began with our judgmentsin particular cases.We tried to articulate the reasonsor the principles lying behindour judgments.And then confrontedwith a new case,we found ourselvesreexamining those principles, revising eachin the light of the other.And we noticed thebuilt in pressureto try to bring into alignmentour judgmentsabout particular casesand the principleswe would endorseon reflection.We also noticed somethingabout the substanceof the argumentsthat emerged from the discussion.We noticed that sometimeswe were tempted to locatethe morality of an actin the consequences, in the results,in the state of the worldthat it brought about.And we called this consequentialist moral reasoning.But we also noticedthat in some cases,we weren't swayedonly by the result.Sometimes, many of us felt,that not just consequencesbut also the intrinsic qualityor characterof the act matters morally.Some people arguedthat there are certain thingsthat are just categorically wrong even if they bring abouta good result,even if they saved five peopleat the cost of one life.So we contrasted consequentialist moral principles with categorical ones. Today and in the next few days,we will begin to examineone of the most influential versionsof consequentialist moral theory.And that's the philosophyof utilitarianism.Jeremy Bentham,the 18th centuryEnglish political philosophergave first the first clearsystematic expressionto the utilitarian moral theory.And Bentham's idea,his essential idea,is a very simple one.With a lot of morallyintuitive appeal, Bentham's ideais the following,the right thing to do;the just thing to dois to maximize utility.What did he mean by utility?He meant by utilitythe balance of pleasure over pain, happiness over suffering.Here's how he arrivedat the principle of maximizing utility. He started out by observingthat all of us,all human beings are governedby two sovereign masters:pain and pleasure.We human beingslike pleasure and dislike pain.And so we should base morality, whether we're thinking aboutwhat to do in our own livesor whether as legislators or citizens, we're thinking aboutwhat the laws should be.The right thing to do individuallyor collectively is to maximize,act in a way that maximizesthe overall level of happiness. Bentham's utilitarianismis sometimes summed upwith the slogan"The greatest goodfor the greatest number."With this basic principleof utility on hand,let's begin to test itand to examine itby turning to another case,another story, but this time,not a hypothetical story,a real life story,the case of the Queenversus Dudley and Stevens.This was a 19th centuryBritish law casethat's famous and much debatedin law schools.Here's what happened in the case.I'll summarize the storythen I want to hearhow you would rule,imagining that you were the jury.A newspaper account of the time described the background.A sadder story of disasterat sea was never toldthan that of the survivorsof the yacht, Mignonette.The ship flounderedin the South Atlantic,1300 miles from the cape.There were four in the crew, Dudley was the captain,Stevens was the first mate,Brooks was a sailor,all men of excellent characteror so the newspaper account tells us. The fourth crew memberwas the cabin boy,Richard Parker,17 years old.He was an orphan,he had no family,and he was on his firstlong voyage at sea.He went,the news account tells us,rather against the adviceof his friends.He went in the hopefulnessof youthful ambition,thinking the journeywould make a man of him. Sadly, it was not to be.The facts of the casewere not in dispute.A wave hit the shipand the Mignonette went down. The four crew members escaped to a lifeboat.The only food they hadwere two cans ofpreserved turnips,no fresh water.For the first three days,they ate nothing.On the fourth day,they opened oneof the cans of turnipsand ate it.The next daythey caught a turtle. Together with the othercan of turnips,the turtle enabled themto subsist for the next few days. And then for eight days,they had nothing.No food. No water.Imagine yourselfin a situation like that,what would you do?Here's what they did.By now the cabin boy, Parker, is lying at the bottomof the lifeboatin the cornerbecause he had drunk seawater against the advice of the others and he had become illand he appeared to be dying. So on the 19th day,Dudley, the captain, suggested that they should all have a lottery,that they should draw lotsto see who would dieto save the rest.Brooks refused.He didn't like the lottery idea. We don't knowwhether this wasbecause he didn't wantto take the chanceor because he believedin categorical moral principles.But in any case,no lots were drawn.The next daythere was still no ship in sightso Dudley told Brooksto avert his gazeand he motioned to Stevensthat the boy, Parker,had better be killed.Dudley offered a prayer,he told the boy his time had come,and he killed himwith a pen knife,stabbing himin the jugular vein.Brooks emergedfrom his conscientious objectionto sharein the gruesome bounty.For four days,the three of them fedon the body and bloodof the cabin boy.True story.And then they were rescued.Dudley describes their rescuein his diary with staggering euphemism. "On the 24th day,as we were having our breakfast,a ship appeared at last."The three survivorswere picked up by a German ship. They were taken backto Falmouth in Englandwhere they were arrestedand tried.Brooks turned state's witness.Dudley and Stevens went to trial. They didn't dispute the facts.They claimed they had acted out of necessity;that was their defense.They argued in effectbetter that one should dieso that three could survive.The prosecutor wasn't swayedby that argument.He said murder is murder,and so the case went to trial.Now imagine you are the jury.And just to simplify the discussion, put aside the question of law,let's assume that you as the juryare charged with decidingwhether what they didwas morally permissible or not.How many would vote'not guilty',that what they didwas morally permissible?And how manywould vote 'guilty',what they did wasmorally wrong?A pretty sizeable majority.Now let's see what people's reasons are and let me begin with thosewho are in the minority.Let's hear first from the defenseof Dudley and Stevens.Why would you morallyexonerate them?What are your reasons?Yes.I think it is morallyreprehensiblebut I think thatthere is a distinctionbetween what's morally reprehensible and what makes someonelegally accountable.In other words,as the judge said,what's always moralisn't necessarily against the lawand while I don't thinkthat necessity justifies theftor murder or any illegal act,at some point your degreeof necessity does, in fact, exonerate you from any guilt. Okay. Good. Other defenders.Other voices for the defense.Moral justificationsfor what they did. Yes.Thank you.I just feel likein the situation that desperate,you have to dowhat you have to do to survive.You have to dowhat you have to do.Yeah, you've got to dowhat you've got to do.Pretty much.If you've been going19 days without any food, you know, someone just has to take the sacrifice, someone has to make the sacrifice and people can survive.And furthermore from that,let's say they surviveand then they become productive members of societywho go home and startlike a million charity organizations and this and thatand this and that.I mean they benefited everybodyin the end. -Yeah.So, I mean I don't knowwhat they did afterwards,they might have gone and like,I don't know,killed more people, I don't know. Whatever but. -What?Maybe they were assassins.What if they went home and they turned out to be assassins? What if they'd gone homeand turned out to be assassins? Well…You'd want to knowwho they assassinated.That's true too. That's fair.That's fair. I would want to know who they assassinated.All right. That's good.What's your name?Marcus.Marcus. All right.We've heard a defense,a couple of voicesfor the defense.Now we need to hearfrom the prosecution.Most people thinkwhat they did was wrong. Why? Yes. -One of the first thingsthat I was thinking wasthey haven't been eatingfor a really long timemaybe they're mentallylike affected and sothen that could be usedas a defense,a possible argumentthat they weren'tin the proper state of mind,they weren't making decisionsthey might otherwise be making. And if that's an appealing argument that you have to bein an altered mindsetto do something like that,it suggests that peoplewho find that argument convincing do think that they wereacting immorally.But what do you-I want to knowwhat you think.You defend them.。
公正：该如何做是好？
[哈佛大学公共课][公正：该如何做是好？][RMVB][中英双字]内容介绍：这是关于道德与政治哲学的一个入门系列课程，主要是围绕哈佛大学迈克尔•桑德尔教授法学系列课程《公正：该如何做是好？》展开评议。
本课程共12部分，旨在引导观众一起评判性思考关于公正、平等、民主与公民权利的一些基本问题。
每周，超过1000位学生来听哈佛教授兼作家迈克尔•桑德尔的课，以拓展他们对于政治与道德哲学的认知理解，探究固有观念是与非。
学生们同时还将接触过去一些伟大哲学家——亚里士多德、康德、密尔、洛克。
然后，应用课程去分析复杂多变的现代问题：赞助性措施、同性婚姻、爱国主义、忠诚度与人权等。
桑德尔在教学中通过一些假设或真实案例的描述，置学生于伦理两难困境中，然后要他们做出决定：―该如何做是好？‖他鼓励学生站出来为自己的观点辩护，这通常激发生动而幽默的课堂辩论。
桑德尔然后围绕伦理问题展开，更深层次地触及不同道德选择背后的假设。
这种教学法通常会揭示道德推论的矛盾本质。
这一系列课程被评为哈佛新生最欢迎的公开课，并不是因为它只适合涉世未深的年轻人，又或者是它只适合哈佛学生那样的高智商人群。
我推荐的它的理由在于：1、大家可以看到什么是真正的―学习‖。
课程没有任何内容需要你强背记忆，也不会要求你去做笔记，但是我相信你能够在很久之后还会记得课程所要讲授的内容，而且愿意在自己的Blog里主动做课堂笔记。
对于真正有价值的知识传授，你没有道理会去错过，或者遗忘。
2、大家可以看到什么是真正的―教学‖，许多网友反应，看这套课程需要时常暂停。
这是因为每一小节里，迈克尔.桑德尔都会从平实简单的例子出发，让你不由自主地去思考他提出的命题。
他并非回答问题，或者是解答问题，更不是灌输你观点，而是自始至终激发你的脑力震荡，对习见提出挑战，换从多个角度思考看似最为简单的事情。
3、大家可以看到什么是真正的―政治学‖。
《公正：该如何做是好？》是为法学院学生开设的课程，出发点是谈公正和正义，一共分为12堂课。
- 1、下载文档前请自行甄别文档内容的完整性，平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益，请联系客服反馈,我们会尽快为您处理(人工客服工作时间：9:00-18:30)。
THE MORAL SIDE OF MURDER This is a course about justiceand we begin with a story. Suppose you're the driverof a trolley car,and your trolley caris hurtling down the trackat 60 miles an hour.And at the end of the trackyou notice five workersworking on the track.You try to stopbut you can't,your brakes don't work.You feel desperatebecause you knowthat if you crashinto these five workers,they will all die.Let's assumeyou know that for sure.And so you feel helplessuntil you noticethat there is,off to the right,a side track and at the endof that track,there is one workerworking on the track.Your steering wheel works,so you can turn the trolley car,if you want to,onto the side trackkilling the one but sparing the five. Here's our first question:what's the right thing to do?What would you do?Let's take a poll.How many would turnthe trolley caronto the side track?Raise your hands.How many wouldn't?How many would go straight ahead? Keep your hands up those of youwho would go straight ahead.A handful of people would,the vast majority would turn.Let's hear first,now we need to beginto investigate the reasonswhy you thinkit's the right thing to do.Let's begin with those in the majority who would turn to goonto the side track.Why would you do it?What would be your reason?Who's willing to volunteer a reason? Go ahead. Stand up.Because it can't be rightto kill five peoplewhen you can onlykill one person instead.It wouldn't be rightto kill five if you could killone person instead.That's a good reason.That's a good reason.Who else?Does everybody agreewith that reason? Go ahead.Well I was thinking it's the same reason on 9/11 with regardto the people who flew the planeinto the Pennsylvania fieldas heroes because they choseto kill the people on the planeand not kill more peoplein big buildings.So the principle therewas the same on 9/11.It's a tragic circumstancebut better to kill oneso that five can live,is that the reasonmost of you had,those of youwho would turn? Yes?Let's hear nowfrom those in the minority, those who wouldn't turn. Yes. Well, I think that'sthe same type of mentality that justifies genocideand totalitarianism.In order to saveone type of race,you wipe out the other.So what would you doin this case?You would, to avoidthe horrors of genocide,you would crashinto the five and kill them? Presumably, yes.You would?-Yeah.Okay. Who else?That's a brave answer.Thank you.Let's consideranother trolley car caseand see whether those of you in the majoritywant to adhereto the principle"better that one should dieso that five should live."This time you're not the driver of the trolley car,you're an onlooker.You're standing on a bridge overlooking a trolley car track. And down the track comesa trolley car,at the end of the trackare five workers,the brakes don't work,the trolley caris about to careeninto the five and kill them. And now, you're not the driver,you really feel helplessuntil you noticestanding next to you,leaning over the bridgeis a very fat man.And you couldgive him a shove.He would fall over the bridgeonto the track right in the wayof the trolley car.He would diebut he would spare the five.Now, how many would pushthe fat man over the bridge?Raise your hand.How many wouldn't?Most people wouldn't.Here's the obvious question.What became of the principle "better to save five liveseven if it means sacrificing one?" What became of the principlethat almost everyone endorsedin the first case?I need to hear from someonewho was in the majorityin both cases.How do you explainthe difference between the two? Yes. The second one, I guess,involves an active choiceof pushing a person downwhich I guess that person himself would otherwise not have been involved in the situation at all.And so to choose on his behalf,I guess, to involve himin something that heotherwise would have escaped is,I guess, more than whatyou have in the first casewhere the three parties,the driver and the two sets of workers,are already, I guess,in the situation.But the guy working,the one on the trackoff to the side,he didn't chooseto sacrifice his life any morethan the fat man did, did he?That's true, but he wason the tracks and...This guy was on the bridge.Go ahead, you can come backif you want. All right.It's a hard question. You did well.You did very well.It's a hard question.Who else can find a wayof reconciling the reactionof the majorityin these two cases? Yes.Well, I guess in the first casewhere you have the one workerand the five,it's a choice between those twoand you have to makea certain choice and peopleare going to diebecause of the trolley car,not necessarily becauseof your direct actions.The trolley car is a runaway thingand you're making a split second choice. Whereas pushing the fat man overis an actual actof murder on your part.You have control over thatwhereas you may not have controlover the trolley car.So I think it's a slightlydifferent situation.All right, who has a reply?That's good. Who has a way?Who wants to reply?Is that a way out of this? I don't think that'sa very good reasonbecause you choose to-either way you have to choosewho dies because you eitherchoose to turn and kill the person, which is an actof conscious thought to turn,or you choose to pushthe fat man overwhich is also an active,conscious action.So either way,you're making a choice.Do you want to reply?I'm not really surethat that's the case.It just still seemskind of different.The act of actually pushing someone over onto the tracksand killing him,you are actually killing him yourself. You're pushing himwith your own hands.You're pushing himand that's differentthan steering somethingthat is going to causedeath into another.You know, it doesn't really sound right saying it now.No, no. It's good. It's good.What's your name?Andrew.Andrew.Let me ask you this question, Andrew. Yes.Suppose standing on the bridgenext to the fat man,I didn't have to push him,suppose he was standing overa trap door that I could openby turning a steering wheel like that.Would you turn?For some reason,that still just seems more wrong. Right?I mean, maybe if you accidentally like leaned into the steering wheel or something like that.But... Or say thatthe car is hurtlingtowards a switchthat will drop the trap.Then I could agree with that.That's all right. Fair enough.It still seems wrong in a waythat it doesn't seem wrongin the first case to turn, you say. And in another way, I mean,in the first situationyou're involved directlywith the situation.In the second one,you're an onlooker as well.All right. -So you have the choiceof becoming involved or notby pushing the fat man.All right. Let's forget for the moment about this case.That's good.Let's imagine a different case.This time you're a doctorin an emergency roomand six patientscome to you.They've been in a terribletrolley car wreck.Five of themsustain moderate injuries,one is severely injured,you could spend all daycaring for the oneseverely injured victimbut in that time,the five would die.Or you could look after the five, restore them to healthbut during that time,the one severely injured person would die.How many would save the five? Now as the doctor,how many would save the one? Very few people,just a handful of people.Same reason, I assume.One life versus five?Now consider another doctor case. This time, you're a transplant surgeon and you have five patients,each in desperate needof an organ transplantin order to survive.One needs a heart,one a lung, one a kidney,one a liver,and the fifth a pancreas.And you have no organ donors.You are about to see them die.And then it occurs to youthat in the next roomthere's a healthy guywho came in for a check-up.And he's – you like that –and he's taking a nap,you could go in very quietly,yank out the five organs,that person would die,but you could save the five.How many would do it?Anyone? How many?Put your hands upif you would do it.Anyone in the balcony?I would.You would? Be careful,don't lean over too much.How many wouldn't?All right. What do you say?Speak up in the balcony,you who would yank outthe organs. Why?I'd actually like to explore aslightly alternate possibilityof just taking the oneof the five who needs an organwho dies first and usingtheir four healthy organsto save the other four.That's a pretty good idea.That's a great ideaexcept for the factthat you just wreckedthe philosophical point.Let's step back from these storiesand these argumentsto notice a couple of thingsabout the way the argumentshave begun to unfold.Certain moral principleshave already begun to emergefrom the discussions we've had.And let's considerwhat those moral principles look like. The first moral principlethat emerged in the discussionsaid the right thing to do,the moral thing to dodepends on the consequencesthat will result from your action.At the end of the day,better that five should liveeven if one must die.That's an exampleof consequentialist moral reasoning. Consequentialist moral reasoning locates moralityin the consequences of an act,in the state of the worldthat will result from the thing you do. But then we went a little further,we considered those other casesand people weren't so sureabout consequentialist moral reasoning. When people hesitatedto push the fat manover the bridgeor to yank out the organsof the innocent patient,people gestured toward reasons having to do withthe intrinsic qualityof the act itself,consequences be what they may. People were reluctant.People thought it was just wrong, categorically wrong,to kill a person,an innocent person,even for the sakeof saving five lives.At least people thoughtthat in the second versionof each story we considered.So this pointsto a second categorical wayof thinking about moral reasoning. Categorical moral reasoning locates moralityin certain absolutemoral requirements,certain categorical duties and rights, regardless of the consequences. We're going to explorein the days and weeks to comethe contrast between consequentialist and categorical moral principles.The most influential exampleof consequential moral reasoningis utilitarianism,a doctrine inventedby Jeremy Bentham,the 18th centuryEnglish political philosopher.The most important philosopherof categorical moral reasoningis the 18th centuryGerman philosopher Immanuel Kant.So we will lookat those two different modesof moral reasoning,assess them,and also consider others.If you look at the syllabus,you'll notice that we reada number of greatand famous books,books by Aristotle, John Locke, Immanuel Kant, John Stewart Mill, and others.You'll notice toofrom the syllabusthat we don't onlyread these books;we also take up contemporary, political, and legal controversiesthat raise philosophical questions.We will debate equality and inequality, affirmative action, free speech versus hate speech, same sex marriage, military conscription,a range of practical questions. Why? Not just to enliventhese abstract and distant booksbut to make clear,to bring out what's at stakein our everyday lives,including our political lives,for philosophy.And so we will read these booksand we will debate these issues,and we'll see how each informsand illuminates the other.This may sound appealing enough, but here I have to issue a warning. And the warning is this,to read these booksin this way as an exercisein self knowledge,to read them in this waycarries certain risks, risks that are both personaland political,risks that every studentof political philosophy has known. These risks spring from the factthat philosophy teaches usand unsettles usby confronting us withwhat we already know.There's an irony.The difficulty of this courseconsists in the factthat it teacheswhat you already know.It works by taking what we know from familiar unquestioned settings and making it strange.That's how those examples worked, the hypotheticals with which we began, with their mix of playfulnessand sobriety.It's also how thesephilosophical books work. Philosophy estranges usfrom the familiar,not by supplying new informationbut by inviting and provokinga new way of seeing but,and here's the risk,once the familiar turns strange,it's never quite the same again.Self knowledge is like lost innocence, however unsettling you find it;it can never be un-thoughtor un-known.What makes this enterprise difficult but also rivetingis that moral and political philosophy is a story and you don't knowwhere the story will lead.But what you do knowis that the story is about you.Those are the personal risks.Now what of the political risks?One way of introducing a courselike this would be to promise you that by reading these booksand debating these issues,you will become a better,more responsible citizen;you will examine the presuppositions of public policy,you will hone your political judgment, you will become a moreeffective participant in public affairs. But this would be a partialand misleading promise.Political philosophy,for the most part,hasn't worked that way.You have to allow for the possibility that political philosophymay make you a worse citizenrather than a better oneor at least a worse citizenbefore it makes you a better one,and that's becausephilosophy is a distancing,even debilitating, activity.And you see this,going back to Socrates,there's a dialogue,the Gorgias, in whichone of Socrates' friends, Callicles, tries to talk him out of philosophizing.Callicles tells Socrates "Philosophy is a pretty toyif one indulges in itwith moderationat the right time of life. But if one pursues it further than one should,it is absolute ruin.""Take my advice," Callicles says, "abandon argument.Learn the accomplishmentsof active life, take for your modelsnot those people who spendtheir time on these petty quibblesbut those who have a good livelihood and reputation and manyother blessings."So Callicles is really saying to Socrates "Quit philosophizing, get real,go to business school."And Callicles did have a point.He had a point because philosophy distances us from conventions,from established assumptions,and from settled beliefs.Those are the risks,personal and political.And in the faceof these risks,there is a characteristic evasion.The name of the evasionis skepticism, it's the idea –well, it goes something like this –we didn't resolve once and for all either the cases or the principleswe were arguing when we beganand if Aristotle and Lockeand Kant and Millhaven't solved these questionsafter all of these years,who are we to think that we,here in Sanders Theatre,over the course of a semester,can resolve them?And so, maybe it's just a matterof each person having his or her own principles and there's nothing moreto be said about it,no way of reasoning.That's the evasion,the evasion of skepticism,to which I would offerthe following reply.It's true, these questions have beendebated for a very long timebut the very factthat they have recurred and persistedmay suggest that thoughthey're impossible in one sense,they're unavoidable in another.And the reason they're unavoidable,the reason they're inescapableis that we live some answerto these questions every day.So skepticism, just throwing up your hands and giving up on moral reflectionis no solution.Immanuel Kant described very wellthe problem with skepticismwhen he wrote"Skepticism is a resting placefor human reason,where it can reflect uponits dogmatic wanderings,but it is no dwelling placefor permanent settlement.""Simply to acquiesce in skepticism,"Kant wrote,"can never suffice to overcomethe restlessness of reason."I've tried to suggestthrough these storiesand these argumentssome sense of the risksand temptations,of the perils and the possibilities.I would simply conclude by sayingthat the aim of this courseis to awaken the restlessness of reason and to see where it might lead.Thank you very much.Like, in a situation that desperate,you have to dowhat you have to do to survive.-You have to do what you have to do? You got to dowhat you got to do, pretty much.If you've been going 19 days without any food, you know, someone just hasto take the sacrifice.Someone has to make the sacrifice and people can survive.Alright, that's good.What's your name?Marcus.-Marcus, what do you say to Marcus? Last time,we started out last timewith some stories,with some moral dilemmasabout trolley carsand about doctorsand healthy patientsvulnerable to being victimsof organ transplantation.We noticed two thingsabout the arguments we had,one had to do with the waywe were arguing.We began with our judgmentsin particular cases.We tried to articulate the reasonsor the principles lying behindour judgments.And then confrontedwith a new case,we found ourselvesreexamining those principles, revising eachin the light of the other.And we noticed thebuilt in pressureto try to bring into alignmentour judgmentsabout particular casesand the principleswe would endorseon reflection.We also noticed somethingabout the substanceof the argumentsthat emerged from the discussion.We noticed that sometimeswe were tempted to locatethe morality of an actin the consequences, in the results,in the state of the worldthat it brought about.And we called this consequentialist moral reasoning.But we also noticedthat in some cases,we weren't swayedonly by the result.Sometimes, many of us felt,that not just consequencesbut also the intrinsic qualityor characterof the act matters morally.Some people arguedthat there are certain thingsthat are just categorically wrong even if they bring abouta good result,even if they saved five peopleat the cost of one life.So we contrasted consequentialist moral principles with categorical ones. Today and in the next few days,we will begin to examineone of the most influential versionsof consequentialist moral theory.And that's the philosophyof utilitarianism.Jeremy Bentham,the 18th centuryEnglish political philosophergave first the first clearsystematic expressionto the utilitarian moral theory.And Bentham's idea,his essential idea,is a very simple one.With a lot of morallyintuitive appeal, Bentham's ideais the following,the right thing to do;the just thing to dois to maximize utility.What did he mean by utility?He meant by utilitythe balance of pleasure over pain, happiness over suffering.Here's how he arrivedat the principle of maximizing utility. He started out by observingthat all of us,all human beings are governedby two sovereign masters:pain and pleasure.We human beingslike pleasure and dislike pain.And so we should base morality, whether we're thinking aboutwhat to do in our own livesor whether as legislators or citizens, we're thinking aboutwhat the laws should be.The right thing to do individuallyor collectively is to maximize,act in a way that maximizesthe overall level of happiness. Bentham's utilitarianismis sometimes summed upwith the slogan"The greatest goodfor the greatest number."With this basic principleof utility on hand,let's begin to test itand to examine itby turning to another case,another story, but this time,not a hypothetical story,a real life story,the case of the Queenversus Dudley and Stevens.This was a 19th centuryBritish law casethat's famous and much debatedin law schools.Here's what happened in the case.I'll summarize the storythen I want to hearhow you would rule,imagining that you were the jury.A newspaper account of the time described the background.A sadder story of disasterat sea was never toldthan that of the survivorsof the yacht, Mignonette.The ship flounderedin the South Atlantic,1300 miles from the cape.There were four in the crew, Dudley was the captain,Stevens was the first mate,Brooks was a sailor,all men of excellent characteror so the newspaper account tells us. The fourth crew memberwas the cabin boy,Richard Parker,17 years old.He was an orphan,he had no family,and he was on his firstlong voyage at sea.He went,the news account tells us,rather against the adviceof his friends.He went in the hopefulnessof youthful ambition,thinking the journeywould make a man of him. Sadly, it was not to be.The facts of the casewere not in dispute.A wave hit the shipand the Mignonette went down. The four crew members escaped to a lifeboat.The only food they hadwere two cans ofpreserved turnips,no fresh water.For the first three days,they ate nothing.On the fourth day,they opened oneof the cans of turnipsand ate it.The next daythey caught a turtle. Together with the othercan of turnips,the turtle enabled themto subsist for the next few days. And then for eight days,they had nothing.No food. No water.Imagine yourselfin a situation like that,what would you do?Here's what they did.By now the cabin boy, Parker, is lying at the bottomof the lifeboatin the cornerbecause he had drunk seawater against the advice of the others and he had become illand he appeared to be dying. So on the 19th day,Dudley, the captain, suggested that they should all have a lottery,that they should draw lotsto see who would dieto save the rest.Brooks refused.He didn't like the lottery idea. We don't knowwhether this wasbecause he didn't wantto take the chanceor because he believedin categorical moral principles.But in any case,no lots were drawn.The next daythere was still no ship in sightso Dudley told Brooksto avert his gazeand he motioned to Stevensthat the boy, Parker,had better be killed.Dudley offered a prayer,he told the boy his time had come,and he killed himwith a pen knife,stabbing himin the jugular vein.Brooks emergedfrom his conscientious objectionto sharein the gruesome bounty.For four days,the three of them fedon the body and bloodof the cabin boy.True story.And then they were rescued.Dudley describes their rescuein his diary with staggering euphemism. "On the 24th day,as we were having our breakfast,a ship appeared at last."The three survivorswere picked up by a German ship. They were taken backto Falmouth in Englandwhere they were arrestedand tried.Brooks turned state's witness.Dudley and Stevens went to trial. They didn't dispute the facts.They claimed they had acted out of necessity;that was their defense.They argued in effectbetter that one should dieso that three could survive.The prosecutor wasn't swayedby that argument.He said murder is murder,and so the case went to trial.Now imagine you are the jury.And just to simplify the discussion, put aside the question of law,let's assume that you as the juryare charged with decidingwhether what they didwas morally permissible or not.How many would vote'not guilty',that what they didwas morally permissible?And how manywould vote 'guilty',what they did wasmorally wrong?A pretty sizeable majority.Now let's see what people's reasons are and let me begin with thosewho are in the minority.Let's hear first from the defenseof Dudley and Stevens.Why would you morallyexonerate them?What are your reasons?Yes.I think it is morallyreprehensiblebut I think thatthere is a distinctionbetween what's morally reprehensible and what makes someonelegally accountable.In other words,as the judge said,what's always moralisn't necessarily against the lawand while I don't thinkthat necessity justifies theftor murder or any illegal act,at some point your degreeof necessity does, in fact, exonerate you from any guilt. Okay. Good. Other defenders.Other voices for the defense.Moral justificationsfor what they did. Yes.Thank you.I just feel likein the situation that desperate,you have to dowhat you have to do to survive.You have to dowhat you have to do.Yeah, you've got to dowhat you've got to do.Pretty much.If you've been going19 days without any food, you know, someone just has to take the sacrifice, someone has to make the sacrifice and people can survive.And furthermore from that,let's say they surviveand then they become productive members of societywho go home and startlike a million charity organizations and this and thatand this and that.I mean they benefited everybodyin the end. -Yeah.So, I mean I don't knowwhat they did afterwards,they might have gone and like,I don't know,killed more people, I don't know. Whatever but. -What?Maybe they were assassins.What if they went home and they turned out to be assassins? What if they'd gone homeand turned out to be assassins? Well…You'd want to knowwho they assassinated.That's true too. That's fair.That's fair. I would want to know who they assassinated.All right. That's good.What's your name?Marcus.Marcus. All right.We've heard a defense,a couple of voicesfor the defense.Now we need to hearfrom the prosecution.Most people thinkwhat they did was wrong. Why? Yes. -One of the first thingsthat I was thinking wasthey haven't been eatingfor a really long timemaybe they're mentallylike affected and sothen that could be usedas a defense,a possible argumentthat they weren'tin the proper state of mind,they weren't making decisionsthey might otherwise be making. And if that's an appealing argument that you have to bein an altered mindsetto do something like that,it suggests that peoplewho find that argument convincing do think that they wereacting immorally.But what do you-I want to knowwhat you think.You defend them.。