1 Agenda for 19th Class Handouts –Slides Review of rights and ordinary understanding Utility versus individual rights Assignment for Next Class / Writing Assignment for Group 3 Exercise 15. Gould Virus, pp

2 Last Class – Engagement Rings Kull –Should decide according to parties’ expectations In “private law” (e.g. contracts, wills, etc.), function of law is to give effect to parties’ expectations –Problems Very unclear what parties’ expectations are People may disagree People getting engaged may not think about possibility that marriage will not go through –Irrationally optimistic; thinking about break up is unpleasant; talking about it may make it more likely Alternative considerations –Difficulty of ascertaining fault (PA court) –Fairness to bride, whose family may have paid a lot for wedding –Different rules for heirloom rings –Other considerations? What rule is best?

3 Conflict Between Utility and Rights Trolley problem. Trolley is hurtling toward 5 workmen. Driver can avoid killing 5 by turning trolley, but doing so will kill 1. –Is it permissible for the driver to turn? Is it morally required? Transplant problem. 5 people will die if they don’t get organ transplants. Only way do so is to harvest organs from young man who comes in for check-up. Doing so would kill him. –Would it be permissible for surgeon to kill young man to save 5 people who need organ transplants?

4 Questions on Rights What do you think is the right thing to do in the Trolley case? Why? What do you think is the right thing to do in the Transplant case? Why? P. 312 Question 7 Until recently, California law mandated vaccination of children, but exempted children based on their parents’ religious or “personal” beliefs. A recent law eliminated those exemptions. Both the former and current law allow exemption for children with medical conditions that make vaccination unsafe. –What do you think is better, former or current law? Why? –Can you think of a law that is better than both former and current law? Why?