An Explanation of the Trolley Problem?
At Overcoming Bias there's a post, Moral Rules Are To Check Power, that may shed some light on yesterday's trolley problem. Could it be that we judge more harshly the person who shoves the fat man under the trolley than the one who flips a switch to divert the trolley so that it kills an innocent pedestrian because the former has physical power and directed it at someone over whom he could exert that power whereas the latter, who flipped a switch that anyone can flip merely made a choice that anyone could make? If that's the case, then the context of a defendant's action, including its ability to impose its will on another, may be strictly scrutinized and mere utilitarian arguments will fall flat.
So be cognizant of the power relationships in the narratives you construct for your cases and never assume that the good things your client did will be seen to outweigh the suspicions and biases raised when the outcome at issue resulted from an exercise of that power.
Our morals may exist to contain the powerful.
