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Philosophy bear's avatar

You see a butterfly, it looks tired, maybe dying. In a flash of insight you know that a small child will come to the park soon who will currently grow up to be NeoHitler. However, if, he sees a butterfly that will restore his wonder in yada yada yada and he will instead grow up to do [something very sympathetic]. You know that if you don't place the butterfly on a flower, where it will be able to sup the nectar and revive itself, this kid will become NeoHitler.

Even though all of the effects of your actions are mediated through this kids own choices, you're still an appalling person if you don't place the butterfly on the flower, and if such miraculous flashes of insight were common and known about, it would be appropriate for the legal system to sanction people who don't take appropriate steps to avert disasters like this.

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Donald's avatar

> But is the proximate cause just an instance of the law being practical instead of moral? No, our legal rules must rely on moral principles for them to be more than arbitrary commands.

This is the legal system we are talking about. It isn't some source of moral principles. It is full of arbitrary commands. At best it is a collection of kludges that usually work well. More often it is whatever politicians thought would appeal to the median voter.

In this case, evil geniuses pulling xantos gambits are rare. Random stuff happening is more common. Therefore, if your actions cause someone to die through an incredibly elaborate series of events, chances are you are just a random Joe, the events aren't something you predicted. Punishment only works to deter people from actions when they can predict that an action will lead to punishment. There is no point punishing people for consequences they could not possibly predict.

Likewise with the corn dealer example, if there is a baying mob outside the corn dealers house, it is pretty clear to the average person why saying such things might be bad. With greater distance, the actual chance of causing violence falls, and the predictability of consequences falls more. Maybe your speech inspires a new tax on corn dealers, such discussion helps democracy work.

All your examples look like "the direct method and the indirect method lead to the same results, but are morally different". And I think those moral principles you refer to differentiate the direct and indirect precisely because the results are not the same.

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