Problems of Conduct: An Introductory Survey of EthicsDrake, Durant
Philosophy
Problems of Conduct: An Introductory Survey of Ethics
Drake, Durant
Ethics
There is one plea which exempts a person from blame- when we say
he was not responsible. Responsibility means accountability, liability
to blame and punishment. We do not hold accountable those classes
whom it would do no good to blame or punish. Babies, the feeble
minded, the insane, are not deterred by blame; hence we do not hold
them responsible. Beyond these obvious exemptions there are all sorts
of degrees of responsibility, carefully worked out in that branch of the
law known as "torts." The principle upon which man has instinctively
gone, and which the law now recognizes, in holding men accountable
or, in other words, imputing responsibility-is the degree in which they
might have been expected to foresee the consequences of their acts.
The following set of cases will illustrate the principle:
(1) We do not hold a man responsible at all for unforeseeable results
of his action. If because of turning his cows into pasture a passing
dog gets excited and tramples a neighbor's flower-bed, the owner of
the cows is not responsible for the damage; it would do no good to
exact punishment for what was so indirectly and unexpectedly due to
his action.
(2) But if his cows got over the wall and trampled the beds, he would
be held responsible, in different degrees, according to the
circumstances. If he had inspected the wall with eyes of experience
and honestly thought it would keep the cows in, we deem him only slightly
responsible. He could have done nothing more; yet he must learn more
accurately to distinguish safe walls from unsafe. It is fairer for
him to pay for the damage than for the owner of the flower- bed to
suffer the loss; such risks must be assumed as a part of the business
of keeping cows.
(3) If he was ignorant of the necessary height or strength of wall,
we blame him more. He has no business-keeping cows until he knows all
aspects of the business.
(4) If there was a gap in the wall which he would have noticed if he
had taken ordinary care, we hold him still further to blame, and his
punishment must be severer.
(5) If he remembered the gap in the wall and did not take the trouble
to repair it, thereby consenting to the damage his cows might do, his
case is still worse.
(6) Finally, if he deliberately turned the cows into his field with
the hope that they would go through the gap and damage his neighbor's
flower-beds, he is the most dangerous type of criminal, of "malice
aforethought," and his punishment must be severest of all.
In such ways do we distinguish between traits of character more and
more dangerous to society, and adjust our blame and punishment to their
different degrees of danger, and the differing degrees of efficacy
that the blame and punishment may have. But throughout these are purely
utilitarian, an unhappy necessity for the preservation of human
welfare.
Public-domain text, read in full here on John Shaqi.
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