Moral Deliberations in Modern CinemaVaknin, Samuel
Philosophy
Moral Deliberations in Modern Cinema
Vaknin, Samuel
Motion pictures -- Reviews
The "product liability" approach also fits here. The owner (and his
"long arms": manufacturer, engineers, builders, etc.) of the Titanic
were deemed responsible because they implicitly contracted with their
passengers. They made a representation (which was explicit in their
case but is implicit in most others): "This ship was constructed with
knowledge and forethought. The best design was employed to avoid
danger. The best materials to increase pleasure." That the Titanic
sank was an irreversible breach of this contract. In a way, it was an
act of abrogation of duties and obligations. The owner/manufacturer of
a product must compensate the consumers should his product harm them
in any manner that they were not explicitly, clearly, visibly and
repeatedly warned against. Moreover, he should even make amends if the
product failed to meet the reasonable and justified expectations of
consumers, based on such warrants and representations. The payment
should be either in kind (as in more ancient justice systems) or in
cash (as in modern Western civilization).
The product called "Titanic" took away the lives of its end-users. Our
"gut justice" tells us that the owner should have paid in kind. Faulty
engineering, insufficient number of lifeboats, over-capacity, hubris,
passengers and crew not drilled to face emergencies, extravagant
claims regarding the ship's resilience, contravening the captain's
professional judgement. All these seem to be sufficient grounds to the
death penalty.
And yet, this is not the real question. The serious problem is this :
WHY should anyone pay in his future for his actions in the past?
First, there are some thorny issues to be eliminated. Such as
determinism: if there is no free will, there can be no personal
responsibility. Another is the preservation of personal identity: are
the person who committed the act and the person who is made to pay for
it - one and the same? If the answer is in the affirmative, in which
sense are they the same, the physical, the mental? Is the "overlap"
only limited and probabilistic? Still, we could assume, for this
discussion's sake, that the personal identity is undeniably and
absolutely preserved and that there is free will and, therefore, that
people can predict the outcomes of their actions, to a reasonable
degree of accuracy and that they elect to accept these outcomes prior
to the commission of their acts or to their omission. All this does
not answer the question that opened this paragraph. Even if there were
a contract signed between the acting person and the world, in which
the person willingly, consciously and intelligently (=without
diminished responsibility) accepted the future outcome of his acts,
the questions would remain: WHY should it be so? Why cannot we
conceive of a world in which acts and outcomes are divorced? It is
because we cannot believe in an a-causal world.
Public-domain text, read in full here on John Shaqi.
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