I spent the last ten
days reading and marking a large number of essays for a course I’m teaching on
the „philosophy of morality“. One of the available essay questions, which many
students selected, was “Should Jim kill the Indian?” The question of course
refers to a thought experiment that the British philosopher Bernard Williams
used forty years ago in his critique of Utilitarianism (in: JJC Smart and
Bernard Williams, Utilitarianism: For and
Against, 1973) to illustrate the morally dubious consequences that
Utilitarianism would have us accept. In case you don’t know it or have
forgotten the details, here’s the situation as Williams describes it:
“Jim finds himself in
the central square of a small South American town. Tied up against the wall are
a row of twenty Indians, most terrified, a few defiant, in front of them
several armed men in uniform. A heavy man in a sweat-stained khaki shirt turns
out to be the captain in charge and, after a good deal of questioning of Jim
which establishes that he got there by accident while on a botanical
expedition, explains that the Indians are a random group of the inhabitants
who, after recent acts of protest against the government, are just about to be
killed to remind other possible protestors of the advantages of not protesting.
However, since Jim is an honoured visitor from another land, the captain is
happy to offer him a guest’s privilege of killing one of the Indians himself.
If Jim accepts, then as a special mark of the occasion, the other Indians will
be let off. Of course, if Jim refuses, then there is no special occasion, and
Pedro here will do what he was about to do when Jim arrived, and kill them all.
Jim, with some desperate recollection of schoolboy fiction, wonders whether if
he got hold of a gun, he could hold the captain, Pedro and the rest of the
soldiers to threat, but it is quite clear from the set-up that nothing of the
sort is going to work: any attempt at that sort of thing will mean that all the
Indians will be killed, and himself. The men against the wall, and the other
villagers understand the situation, and are obviously begging him to accept.
What should he do?”
The vast majority of my
students had no qualms accepting the obvious utilitarian answer, namely that
Jim should clearly kill one Indian to save the rest. It’s simple maths that led
them to that conclusion: one dead is better than twenty dead (especially if the
one is among the twenty). Most students interpreted Jim’s case as a mere
variant of Foot’s and Thomson’s trolley problems, where you have to decide
whether it is justified to kill somebody (who would survive if you didn’t
intervene) to save the lives of (more than one) others (who would die if you
didn’t intervene). These cases are usually used to discuss the question whether
killing is really worse than letting die, and if yes, why. The default position
for Utilitarians is of course that we are just as responsible and culpable for
what we let happen as for what we do ourselves. Not saving somebody is just as
bad as killing somebody, and not saving two or more is worse. It follows that not
killing somebody if that is the only way to save two or more is wrong.
Now, although I don’t
think that ethics can and should be reduced to mathematics, I’m willing to accept
or concede that, if all things are equal, our moral responsibility extends not
only to what we do, but also to what we allow to happen. But Jim’s case is in
one crucial respect very different from the usual kill-or-let-die situations,
and I’m a bit puzzled that very few of my students noticed this and that none
of them seems to have realised the significance of that difference. What I’m
talking about is the fact that, in contrast to the trolley problems discussed
by Foot and Thomson, Williams’s scenario involves another agent, or rather two, namely “the captain” and “Pedro”.
This means that if Jim refuses to kill one of the Indians, the others will not
just die, but rather they may, or may not, be killed by somebody else. If they
are killed, then this does not happen because Jim has not killed anyone, but because
the captain gives the order to kill them, and Pedro executes the order. Nothing
that Jim could do or not do, would cause
or compel the captain to give the
order, nor Pedro to execute it. It’s entirely up to them to decide whether the captured Indians live or die. If Jim
does what they ask him to do, they could still kill the rest of the Indians.
Conversely, if Jim refuses, they may still decide to let everyone go. The only
real power that Jim has in this situation is the power that is given to him by
the captain: to either kill one of the Indians or not to kill one of the
Indians. Or more precisely, he has been granted the power to kill someone, but
he does not have the power to save anyone (because neither his killing someone nor his not killing
anyone prevents any of the Indians from being killed). This means that
he would be responsible and culpable
for killing one of the Indians, but he would not be responsible and culpable for the death of the Indians if he
refused to kill anyone and they were subsequently killed by Pedro.
The situation in which
Jim finds himself is not really one in which he has to decide whether it is
better to kill one person than to let more than one person die. The situation
is rather one in which somebody asks him to do what they tell him to do (namely
commit a terrible crime: that of killing an innocent person) or else they will
do something very nasty, namely murder lots of people, including that one. Imagine
somebody came to you and told you that you had to rape and kill your little
sister and that if you didn’t they would explode a bomb in the crowded city
centre which is sure to maim and kill several people. Would you do it? Would
you say that it’s clearly “the most moral action”, as one of my students said
about Jim’s killing of the Indian? Of course you may argue that in that case
you have to decide between your sister and people unknown to you. From a
utilitarian perspective that should, of course, make no difference, but let’s
say that we do agree that personal ties are important and should have some
weight. But what if the person threatening you told you that if you didn’t rape
and kill your little sister, he would first kill you (or your mother) and then rape and kill your sister himself? In
that case it seems that if you raped and killed your little sister you would at
least save your own life (or that of your mother), whereas if you refused, then
she would be raped and killed anyway, and in addition you or your mother would
die too. So that’s an easy choice then, isn’t it? Clearly raping and killing
your little sister is “the most moral action” here because it is better for
there to be only one person killed rather than two. Except of course that it
isn’t. It would just mean that you become complicit in the crime. You would allow
somebody else to turn you into a rapist and murderer. The only right thing to
do here is to refuse, to not take part in an evil deed.
Let’s look again at Jim’s
situation. Jim is asked to kill one of the Indians. He is being told that the
others will be free to go if he complies. So he picks one of them - let's call him
Joe – and he kills him. Now what would happen if he refused? Most likely Pedro
would kill all of the Indians, including Joe. We can assume that killing the
Indians is morally wrong. They are innocent people. Their killing is an act of
state terrorism. It’s the worst kind of crime. When Pedro finally kills Joe,
then he does something that is deeply reprehensible. It is clearly morally wrong.
It is an act of evil. But if killing Joe is an act of evil when Pedro does it,
why then should it suddenly be morally right, even laudable, when Jim does it?
Killing Joe is an evil act, and it remains
an evil act no matter who does the killing. Therefore Jim should not kill the
Indian.
I wonder why my
students don’t see it that way, and it worries me.