How would a legal philosopher deal with the trolley problem compared to a moral philosopher? Would he come to a conclusion that is neither switch nor not switch? That is, either choice is equally legal?

Comments

You seem to be asking about the legality of switching or declining to switch, in which case your question is best answered by a lawyer rather than a philosopher of law. I'm not sure, but the answer may depend on the jurisdiction. It may also matter whether the person in a position to switch the trolley is legally authorized to be in that position or is, instead, a trespasser or intruder. I'm not suggesting that the answer provided by the law is totally irrelevant to the morally right answer. The law on this issue, if there is any, may reveal the moral attitude that we currently take toward it, which is relevant to some extent.

Read another response by Stephen Maitzen

Read another response about Ethics, Law