Redirecting the trolley saves the five, regardless of whether there is anybody on the other track.
If the bystander’s act directly saves five then one and the same act cannot be said to merely indirectly kill the innocent one. Either both or neither effects are the proximate end to the act.
In a tubal pregnancy there exists a physical evil – an “out-of-control” fetus jeopardizes the life of the mother.
In the trolley case, there exists a physical evil – an out-of-control trolley jeopardizes the lives of 5 people.
What are the parallel human agencies in the two cases?
- Fetus and innocent one on the track (Presently not in jeopardy).
- Mother and the five people on the track (Presently in jeopardy).
- Surgeon and bystander (Instrumental agents).
All have a right to their own life.
All have a duty to protect the lives of others.
All have a greater right and a duty to protect their own life than the lives of others.
As to the principles in the case:
- May the mother grant permission to the surgeon to act on her body? Yes.
- Does the mother have a right to lethally act on the body of the fetus? No
- May the mother grant permission to the surgeon to lethally act on the body of the fetus? No.
- May the innocent one grant permission to the bystander to act on his body? Yes.
- Do the five have a right to lethally act on the body of the innocent one? No.
- (If the five do not have a right to lethally act on the body of the innocent one then the instrumental agent – bystander – absolutely has no right.)
As to the instrumental agents in the case:
- May the surgeon act on the body of the mother w/o permission? No.
- May the bystander act on the body of the innocent one w/o the innocent one’s permission? No.
The moral object is the proximate end of the physical act, i.e., the direct foreseeable effects with moral content. Proximate means unmediated, that is no other cause than the act itself (in se) brings about the effects.
The moral object and circumstance:
The mother/surgeon excise diseased tissue. The proximate end of the act itself is the saving of the mother’s life. (It is coincidence that the proximate end and the intention are the same.)
- The fetus’ death is not proximate to the act itself.
- The direct cause of the fetus’ death is starvation.
- The death of the fetus is indirect to the excising of diseased tissue.
- The act indirectly causes the fetus’ death.
The ?/bystander throws a switch. The proximate end of the act itself is the saving of five lives and the death of one innocent.
- The innocent one’s death is proximate to the act itself.
- The direct cause of the innocent one’s death is the act.
- What mediating cause stands between the act and the death of the innocent? None.