The Fat Man Retaliates

There’s a variation to the Trolley problem thought experiment in which, rather than throwing a switch to divert a runaway train from a track on which five people would be killed onto one where only one person will be killed, there is a lever which you can use to open a trap door to drop a fat man onto the tracks and thus avert a greater disaster.

Now, the lever and trap door arrangement is there to avoid you having to physically throw or push the fat man onto the tracks – so there is no visceral reaction to getting your hands metaphorically dirty with killing him, you pretty much have the same separation as you had with the switch and are again sacrificing one life for five.

A no-nonsense utilitarian response to the idea of opening the trap door and putting the fat man in front of the train should be that it is equivalent to switching tracks to kill the one person instead of the five that would otherwise die.  There is however a meaningful difference between the two scenarios – in the standard scenario (switching of the tracks) the single person dies as a consequence while in the fat man variation, the single person dies as a means – in other words the killing of the fat man is instrumental.

The general consensus is that it is wrong to kill a person instrumentally even if, by doing so, you can prevent the death of more people.  A related scenario is that in which a healthy person is sitting in a doctor’s waiting room and the doctor realises that she is the perfect donor for five other patients all of whom will soon die without donated organs.  It’s horrific to think that a healthy person might be harvested for organs, even if a large number of people might thus be saved (which is an expression of our intuitive take on the morality of the suggestion).

Then there is the notion of justified self-defence.  The general consensus here is that a person is justified in acting, even violently or lethally, in order to defend themselves, so long as their action is proportionate.  It should be noted that this is about defending oneself, not necessarily about saving oneself.  If you are set on killing me, and I can’t realistically disable you or run away, then I am justified in killing you.  On the other hand, if some natural disaster is imminent, and I could survive only if you died, then I am probably not justified killing you – at least not instrumentally.  I could be justified in doing something that only consequentially leads to your death but was necessary to save my life or many lives (like dumping CO₂ that may well asphyxiate you but is intended to put out a devastating oil rig fire).

It gets a bit vague about how justified one is to act violently or lethally to prevent harm.  The legal system varies somewhat on how the victim of long term domestic abuse is treated when they crack and kill their abuser.  Sometimes there’s some leniency, sometimes there’s simply a formal continuation of the abuse.  Sometimes there’s a sentence of probation (ie a non-custodial sentence), sometimes it’s jail until you die (or effectively so).

Let’s just consider the right to defend your life.

Consider the fat man, who is on the trap door but who, for some reason, cannot move.  You are near the lever and the runaway train is heading for five people who, if you do not act, will die.  You’ve recently been listening to a podcast that was extremely positive about utilitarianism and you are therefore primed to do whatever you can to minimise suffering.  You are not without feeling however, and you tell the fat man that what you are going to do is for the greater good before you start moving towards the lever.

The fat man, while unable to move, is not entirely helpless though because he has a large shotgun.  To defend himself, he can’t risk merely wounding you because you could still operate the lever, he has to kill you to assure his survival.

Is the fat man justified in killing you?  Alternatively, if you were the fat man, would you be justified in killing me given that I am intending to open the trap door and drop you on the tracks in front of the train?

Note that if the fat man kills our hero, there will not only be that direct casualty but also the casualties due to the runaway train that will not be stopped and will instead kill the five people on the tracks.  So is it okay to kill six people to save your own life, if at least five of those deaths are only consequential?

My initial intuition is that it is justified for the fat man to shoot the person who is going to activate the lever.  The fat man is not responsible for the runaway train or the five people on the tracks and it is not justified to kill him instrumentally to save the five people.  The five who die only die consequentially and there is no other way to save the one life (that of the fat man) other than killing the wannabe lever operator.

Nevertheless, it seems odd to say that it’s okay to let six die to save one.  In an analogous situation, if a car with sabotaged brakes was careening towards a deep canyon and the driver could only save herself by sideswiping a car which was being driven parallel to the canyon, and which would fall into that canyon thus killing the six occupants, then it’s difficult to think that this defensive course of action would be justified – even if the saboteur was known to be in the second car.  We’d possibly further expect the driver of the sabotaged car to avoid unintentionally sideswiping the second car, even if that would (unintentionally) save her life.

Then there is another possible scenario, this time not related to the fat man but rather to the single innocent person on the section of track that the train could be switched to in order to save the five.  Let’s say that, for whatever reason, this person cannot simply avoid the train.  If you switch the tracks, he’s going to die.  Fortunately for him, he has a sniper rifle and the skills to use it.  He sees the runaway train and knows that the average person will decide to switch tracks to save the five.  He raises the rifle, puts his eye to the scope and sees you in his crosshairs, ready to change the direction of the runaway train.

Is he justified in shooting you?  Would you be justified in shooting someone else, if it were you on the tracks and they were about to consequentially kill you, even if you knew that by your actions six people would die?

---

There is a reason that the fat man is a fat man.  He’s not just fat, he’s a lot fatter than you are – no matter how fat you happen to be.  You can’t simply jump onto the tracks yourself and stop the runaway train.  This caveat is in place to prevent you from taking that option because too many people would choose to sacrifice themselves before sacrificing another person – perhaps because dying as a hero is more attractive than living as someone who killed a guy by pushing him off a bridge into the path of a train.

Ignoring the fact that the potential victims in the scenarios above have guns (or accepting that, despite them having guns handy, they are average decent people), it seems to me that the only difference between allowing someone else to create a situation in which I die and creating that situation myself is the question of agency.  I don’t have a choice if someone else does something to me and I am unlikely to like that, even if I would have chosen freely to put myself in precisely the same situation that I end up in due to another’s actions.

Put that aside for a moment.  Consider instead the moral judgment we would make on the person who, to save five, throws themselves in front of a runaway train.  Or the moral judgment of someone who is able to divert the train onto the track that they themselves are on, and thereby save five lives at the cost of their own.  This is equivalent to the brave soldier who throws himself onto a grenade and saves his comrades.  Or the mother who dies saving her children, or perhaps even the children of another.  Such people are heroes, which implies that they did the right thing.

But if this is so, then why is it not necessarily the right thing for the fat man, or the man on the track to abstain from defending themselves?  They have agency.  They can, if they so choose, prevent what is going to happen to them.  Choosing not to prevent their deaths, when such prevention is an option, is equivalent to choosing to sacrifice themselves actively – which is apparently the right thing to do.  How could they be thus be justified in doing the thing that is not right, which is by definition the wrong thing?

---

Going a bit further, it would seem that if you are at the lever, or the switch, and your potential instrumental, or consequential, victim has the ability to prevent you from acting, then you should act to save the five, and two variants become morally equivalent.  If you are not shot in the process, it is only because your victim chose their fate or maybe they missed when they tried to shoot you – but either way, they saved the five, not you.

Thoughts?