This is the mistake of the consequentialists that makes it so appealing: they don’t understand the nature of moral responsibility, and how it relates to actions and intentions. — Bob Ross
I’m not a consequentialist.
And I agree that the trolley hypo in general doesn’t account for intention and responsibility, so it misses the mark as a real platform for a discussion of morality.
And the only time the conversation gets interesting is when people change the hypo because it barely presents an ethical issue, if you play along with it as written.
I hate building off of it to make points, but I do see it reducible to this: This trolley can’t be stopped and will kill someone in a few seconds; if you sit there it will kill five people, or if you pull that lever it will kill one person; you get to choose. Go make your choice.
Sitting there is choosing to kill five and pulling the lever is choosing to kill one.
I see people disagree with that but I only see that as people trying to give the hypo more credit than it is worth.
If you play along with the hypo, there is one choice here - five or one die.
But there is no moral responsibility taken for making either choice, because of intention and duty - which are utterly undeveloped in the hypo and why the hypo barely presents an ethical issue.
You need to know the intentions behind all of the pieces here. The moral issues lie with the person or people who rigged the whole scenario. Why isn’t a conductor who has responsibility and duties regarding the trolley making this decision? Did he leave intentionally as part of the rigged situation or was he thrown off the trolley to bring about this scenario? Why is anyone tied to trolley tracks and who did that? Does the idiot standing on the tracks have any responsibility for standing there?
The moral question for the person on the trolley having this choice thrust upon them by other people (other moral agents) is whether to participate in this at all and make a choice. I actually think it would be immoral to play along with the scene and do anything.
That goes to intention. The person on the trolley who plays along still wouldn’t be guilty of any murder. People can kill people without any intent and it’s not murder.
But if the person on the trolley said “oh, wow, I finally get to hold lives in my own hands - I’ve always wanted to kill people so I’m going to sit here and kill the most people I can.” Now, because of intent, I think he he is culpable for murdering five.
But if the person on the trolley said “I need to save the most innocent people I can” and pulled the lever he wouldn’t be culpable for murder because that was not his intent.
This hypo has no analysis of duty (responsibility taking) or intent (what the act is to the actor).
To bolster the idea of omission versus commission (this hypo not capturing the concept of omission properly) here is an example of a wrong done by omission. A lifeguard sitting on his chair sees a kid drowning. He watches and does nothing and the kid drowns. That is killing by omission because he had a duty to act and omitted his responsibility. It could even be murder depending on how additional facts about intent play out.
On the trolley, why would a duty to make this decision arise in some random person thrust into the situation? It wouldn’t. There is no duty to choose a lane for a passenger. And there is no duty when told about levers and people tied to tracks to quickly choose who dies. It’s an insane world that trolley is riding through and to see some sort of duty here we need that person to have some understanding of insane-world trolley rules like “by agreeing to ride this trolley you agree to take control of the lever (whether you pull it or leave it) as soon as everyone else on the trolley magically disappears and some number of people are on the tracks.” Without a duty, whatever action is taken cannot be called an omission of that duty.
And to say a duty to save the most lives arises in this situation is ridiculous. If you want me to picture myself in a real world situation like this, I need the real world. In the real world, the person who pulled or did not pull the lever would be interrogated for his intent before murder charges and moral judgment could be contemplated, and in the real world the person would be saying “I don’t know! I just thought I should save the most people, or I just thought I would be doing the wrong thing if I pulled the lever.” End of interrogation. The deaths are not his fault or his responsibility.