Monday, February 16, 2015

3) A Model for Understanding Justice: Necessary Annexations

Brief reflection shows us that, while this model is on the right track, it is still incomplete.  Consider the following scenario: a father kills a boy for teasing his son at school.  Is this action morally justified?  Certainly not.  The problem is that the established model cannot condemn it.  After all, the father’s virtuous intent is inherently good: he intended to protect his son from further vexation.  And it is probably true that he would not have intended to kill the boy if he had not teased his son – the intent to kill was circumstantial.  Because the virtuous intent is good, and the bad intent is merely circumstantial, the model cannot condemn this counterexample.  We see that it needs more work.
For what reason might the father be condemned?  For starters, we know that, while his virtuous intent is morally commendable, his circumstantial intent is blown out of proportion.  Its intensity is not scaled to the intensity of the actual circumstances.  A crucial insight can be gleaned from this observation: the circumstantial intent of a man is not guaranteed to match the actual circumstances with which he is faced.  It is precisely this potential mismatch that makes this action unjustified; the father was clearly reacting in a way that the actual circumstances did not warrant.  Thus we see that, given that the virtuous intent of an action is good, lack of justification results from the gulf between the scale of the actual circumstances and the scale of the circumstantial intent. 
What possible flaws can occur in a circumstantial intent?  There are two: I call them the problem of arrogance and the problem of ignorance.  We have already looked at a situation in which the circumstantial intent was founded on arrogance; the circumstantial intent of the father defending his son was arrogant.  In the case of arrogant intent, the moral agent in question knows the circumstances completely, yet reacts in such a way that the circumstances do not warrant.  Let’s apply this to our central situation: the case of the husband defending his wife from the robber.  Let’s say that the robber was unarmed and, upon having a gun pointed at him, immediately put his hands up and began walking towards the nearest exit of the house.  If the husband had shot him then, his circumstantial intent – the intent to kill – would be an arrogant one.  There was clearly no need to shoot the robber after he was clearly and submissively walking away (assuming no other special circumstances were present besides these).
In the case of ignorant intent, the moral agent in question does not know all of the circumstances involved, or else misinterprets them, and so may act in a way that the actual circumstances do not warrant.  Suppose that the husband did not put his glasses on before going to engage the criminal.  The criminal points a water gun at the man in an attempt to intimidate him.  The husband mistakes it for a real gun and shoots him.  Had the husband known that it was merely a water gun, he surely would not have shot the criminal.  Nor should he have done so, since clearly the amount of danger posed by a water gun does not warrant murder as retaliation.
We hasten to point out, however, that in the instance of ignorant intent, the moral agent is not morally culpable for their actions.  Not unless they are responsible for being ignorant, in which case they are guilty of carelessness, and that is about it.  In this case of the husband, he is not responsible for his own ignorance; we should not expect him to be properly informed about what the criminal was holding because he was not wearing his glasses, it was nighttime, etc.  We could fault him for forgetting his glasses, but since it is not immoral to forget one’s glasses, the husband remains morally justified.  That said, people have a responsibility to inform themselves about the circumstances involved before making a moral decision.  If there is reason to believe that they did not do their best to inform themselves about the circumstances they were facing, while we would not consider them guilty specifically for what they had done, we would consider them guilty of carelessness, negligence, etc.  Consider a man on a subway who accidentally trips someone upon stretching his legs out.  If, at some point in the near future, he stretched his legs out again and tripped someone again, while we would not consider him guilty of tripping that man, we would probably consider him guilty of carelessness.
So we see two possible flaws in the circumstantial intent which might overturn the justification of a given morally questionable action.  Annexed to our old model, this new model now looks something like this:


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