Psychology Commons^™

The Process Dissociation Of Moral Judgments: Clarifying The Psychology Of Deontology And Utilitarianism, Paul Conway

Electronic Thesis and Dissertation Repository

A growing body of work has examined responses to moral dilemmas where causing some degree of harm leads to a greater positive outcome; such dilemmas are said to pit deontological philosophical considerations (causing harm is never acceptable) against utilitarian philosophical considerations (causing harm is acceptable if it leads to the best possible outcome). According to dual-process theories of moral judgment, independent processes drive each judgment: affective reactions to harm drive deontological judgments, whereas cognitive evaluations of outcomes drive utilitarian judgments. Yet, theoretically both processes contribute to each judgment; therefore, it is an error to equate judgments with processes. To overcome …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Ken Levy

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …