“In the middle of April, reports began to
emerge that Donald Trump — and the state governors who support him — would be
relaxing COVID-19 restrictions in an attempt to re-start the US economy. One of
the arguments
deployed was that keeping the economy in hibernation costs more
in the order of lives lost than the virus ever would. In other words, better to
open up the economy and risk further infections than to shut it down at the
risk of unemployment and poverty, and the health implications that are aligned
with these — including death…
“There are two strains of this debate which — though no doubt
appealing for good reasons and perhaps well-intended — should, on closer
analysis, be rejected. The first undertakes the kind of cost-benefit analysis
I’ve associated with Trump, and argues that the right path becomes clear on the
basis of a crude calculation of lives saved versus lost. The second attributes
to proponents of either ‘side’ an intent to take lives in pursuit of their goal.
This grenade doesn’t belong to anyone in particular — it has been thrown at
those whose focus is on limiting the spread of the virus and those who wish to
wear the risk of infection and open up the economy, alike. These ways of
thinking bring to mind a thought experiment known as ‘the trolley problem,’
which was recently popularized on the Netflix series The
Good Place.
“Imagine a tram hurtling down a track without a
driver. Five people are tied to the track some way ahead. If nothing happens,
the tram will kill them. However, you are standing next to a lever which, if
pulled, will lead the tram onto a side track. Unfortunately, there’s one person
tied to that track. Do you let the tram run by and kill five? Or switch it and
kill one?
“The moral philosopher Philippa Foot designed this thought
experiment in order to test how different ethical frameworks would approach the
conundrum it presents — which has, at first glance, some resonance with our
current moment. Five lives or one?
“Most people choose to pull the lever: better to save five and lose
one. But it’s foolish and unhelpful to deploy this kind of thinking as we find
our way out of lockdown. It devalues lives by
allocating dollar figures to the worth of individuals in order
to support its calculus, typically pitting the strong against the weak, and
leading to disturbing outcomes for the elderly, the disabled, and the sick. If
the person you love most is the one whose life is sacrificed, would you be
satisfied with this calculation?
“There’s a variation of the experiment in which
the choice doesn’t involve a lever, but a large man. Would you push him in
front of the tram to stop it, sacrificing his life, but saving five in the
process? A thoroughgoing consequentialist would: what matters is the outcome,
not the action. But many choose not to push the man, even if they pulled the
lever. In so doing, they reveal that they adhere to a duty never to directly
and intentionally take a life, no matter how it might affect the cost-benefit
analysis. Most in our community subscribe to this commitment.
“No one I’ve come across intends actively to harm people in order to see
the community protected from COVID-19 or the economy reopen, though it’s become
popular to accuse political leaders and advocates on both sides of doing
precisely this. I think that’s both uncharitable and inaccurate.
“A more fruitful avenue for analysis comes into view when we
consider our current predicament using a very old tool for ethics: the principle of
double-effect (PDE). This principle recognizes that sometimes
good or morally neutral actions can precipitate negative consequences, and it
provides a way of assessing whether one should still commit to those actions
even though their negative consequences are foreseen.
“Imagine, for example, a political leader
explaining: ‘I plan to place the nation I lead in lockdown to prevent the
spread of COVID-19 and save lives (an unambiguously good action), but foresee
that this will have negative effects in other areas: jobs, mental health, etc.,
which may also cost lives (a negative consequence).’
“The
same kinds of questions arise when I consider the trolley problem. Is it
ethical to choose these courses of action, knowing full well that there will be
negative outcomes? PDE offers four ‘tests’ to help clarify one’s thinking:
- Is
the action itself good, or morally neutral? (Pulling a lever to save five
people is morally good, whereas pushing a man in front of a tram is not.)
- Does
the negative outcome follow on from the good or morally neutral action?
(This protects against using evil means to achieve good consequences — I
cannot commit murder, even to save the five.)
- Is
the intention of the acting agent for the good? (If I pull the lever
because I want to kill the one person tied to that track, then my action
isn’t ethical — even if the consequences look better on the balance
sheet.)
- Is
the negative outcome proportionate to the good achieved? (Saving five
lives is, on balance, proportionate to losing one — as tragic as this is.)
“Preventing
the spread of COVID-19 through lockdown measures, even foreseeing dire
consequences to the economy, passes PDE’s tests. One only needs to glance at
the data from countries which have not taken
these measures with the same seriousness to see this. But there are three
reasons that a radical relaxing of restrictions — as seems to be on track in
parts of the United States — in favor of stimulating the economy, while
anticipating the consequences of a greater number of infections, do not pass
the same tests. Considering these carefully might help to chart a more just and
creative way out of our current predicament.
“First,
reactivating the economy is not an unambiguously good, or even neutral, action.
We should not forget that baked into [the U.S.] economy, for example, are
significant injustices. These have been exacerbated by COVID-19, but they were
there all along. We should remember, for instance, that those deemed ‘essential
workers’ are some of the most poorly paid in our country, who have placed
themselves at risk during this lockdown, and that an increase in economic
activity will also lead to increased risk of infection for them…
“We
should also remember that key aspects of our economy rest on supply chains
riddled with poor working conditions and modern forms of slavery… Is pushing
for the reanimation of ‘business as usual’ in this regard really a good thing?
“Second,
there is an unambiguous link between the rate of COVID-19 infection, health
burden, and death. The link between economic shut down and health impact,
including suicide rate and death, is not as simple. To be clear: there is a
relationship — no one is denying that. But the link is a long-term one: there
is distance and time between cause and effect, which allows for different kinds
of actions along the way to mitigate against negative outcomes…
“But
the distance between contracting COVID-19 and dying is much shorter, and the
end result is irreversible. It’s as if the trolley problem was changed, and the
five are much, much further down the track than the one. In such a case, we
shouldn’t pull the lever because we have the benefit of time and distance to
stop the tram or free the people in some other way.
“This
leads to the third point, which I think is the most significant. Whenever I
teach using the trolley problem, those in the room always come up with
innovative solutions: pulling the lever half-way and derailing the tram;
running really fast after pulling the level to untie the one; or jumping in
front of the tram themselves. This derails the thought experiment and the
teaching moment is lost — sometimes I even place rules on it (you can only choose
one or the other) to avoid this. But still, people rebel and use their
creativity to come up with new responses.
“Faced
with the choice between easing restrictions to stimulate the economy and
keeping them in place to prevent the spread of COVID-19, I suggest we engage
this same spirit of rebellion. Let’s reject the either/or boundary. Let’s
commit to the unambiguously good goal of preventing the spread of disease. And
instead of restarting an economy that requires sacrifice to survive, let’s
dream up a new way of organizing our finances that doesn’t need the principle
of double-effect: one that truly serves the good of all.
“I
know, I know. This sounds like another impossible demand from a
well-intentioned person who really doesn’t know how it all works. How could we
possibly effect such change? …In society more broadly, housing was provided to the homeless; the
potentially unemployed were kept in their jobs through massive
government subsidies; airline staff were redeployed in supermarkets; gin
distilleries were making hand sanitizer, and the list goes
on. None of these things seemed possible at the beginning of March. So perhaps
the real dreamers are those imagining that things can be re-booted and be the
same, even if that costs lives. That sounds to me like a nightmare. We can do
better” (Patheos).
Daniel Fleming leads ethics and
formation for St.
Vincent’s Health Australia. He is also a Visiting Fellow of
the Law, Health and Justice Research Centre at
the University of Technology, Sydney.
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