Moral Responsibility vs Legal Responsibility

When watching shows such as Law and Order  there is usually a clear good guy and a clear bad guy. If a defendant is found guilty, they are often painted as a morally corrupt person. However, sometimes this judgment is not so cut and dry. There are people who did not mean to harm anyone, but caused physical or emotional pain, and in some cases death. There are also some people who intended to cause harm, but were not able to do so. How do we set about to judge these people? How do we differentiate between moral and legal responsibility?

The law does not punish an attempted murder in the same way as an actual murder. It does not prioritize intentions over outcomes in the same way that many people believe moral judgment should. Everything depends on the results, whether death occurs. The law is concerned with definite results, and second with the intentions. However, knowing someone’s intentions can change your view on their innocence significantly.

Here is an example of differing intentions:

 

Possibility 1:

Abby and Seth work together in a large office building. They are both applying for a promotion for assistant manager. Abby gets the job so she has to go on a three week long business trip for training. She asks Seth to water the fern that is on her desk while she is on this trip. However, Seth is mad that Abby got the promotion. While she is gone, Seth does not water the fern like Abby asked. Instead, he ignores the fern. When Abby gets back, her fern is dead.

 

Possibility 2:

Abby and Seth work together in a large office building. They are both applying for a promotion for assistant manager. Abby gets the job so she has to go on a three week long business trip for training. She asks Seth to water the fern that is on her desk while she is on this trip. However, Seth is mad that Abby got the promotion. While she is gone, Seth does not water the fern like Abby asked. Instead, Seth pours acid on the fern. When Abby gets back, her fern is dead.

 

In these two situations, Seth has two differing intentions, but with the same outcome. In the first one he just ignores the fern. He doesn’t even think about it. But in the second situation Seth clearly determines to destroy the fern. Many people would say that Seth of the first situation was responsible for the death of the fern, but that he did not cause it. At the same time, the Seth of the second situation is responsible and caused the death of the fern.

So with these differing intentions we may be more inclined to judge the second Seth more harshly. This does not fit with the legal importance of outcome and that is where moral and legal responsibility ultimately calsh.

Advertisements

One thought on “Moral Responsibility vs Legal Responsibility

  1. I agree with the idea that in the latter example Seth most definitely caused the death of Abby’s fern by pouring acid on it. However, I’m not so sure that he did not cause the death of the plant in the former case as well. I would argue that by neglecting to feed the fern, he did in fact cause its death. I was surprised to read both of the possibilities, because I anticipated that the difference between the two would be that in one case Seth intentionally left a defenseless fern to die whereas in the other, he simply forgot to water it. In either case, I believe that Abby would be upset with Seth and probably accuse him of intentionally killing her fern out of spite or jealousy. That distinction seems more straight-forward to me. However, your example is more in a grey area and proves to be a more subtle debate.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s