pragmatic
Quote:That of course will depend on the situtation as each individual case will differ. In the current case, I am referring to the weaker twin M - that she should die so to save her stronger twin J (stronger as in J had a stronger case to survive, as well as the physical capability) instead of them both dying needlessly.
There is another case which I think is best illustrated via the criminal law term emergency or where it may be acceptable to kill the weakest of the pack so to save the others, more stronger members. In the case of
Dudley v Stevens[/i] which has been cited as the classic case and example: a few sailors in lifeboat killed and ate cabin boy on 20th day at sea
The cases you mentioned can be juridically defined as "state of necessity" (I don't know if this is the correct name for it in english). They represent situations where actions, normally defined as criminal - murder - can be exempt of punishment, due to extreme circumstances.
An example: if I am starving to death and I steal food from a store, I cannot be punished.
I agree with you that the doctors that saved one of the twins killing the other,or the sailors that survived by killing and eating one of them, cannot be punished for murder. In fact they commit a murder but, facing the specific situation, we could not expect them to act differently. I mean, (in the 2nd case) self sacrifice is not a legal imperative.
But, if we put the question as a moral problem, the decision could be different. In this case, it would be a matter of criteria. And I still don't see what is the moral basis to the principle that majority (the stronger, as you said) must have more rights than the minority. 10 lifes have more value than 5? Or 1? Or 9? Why?
I know utilitarian would answer "yes", although I never understood why. If, in 10 people one must be killed in order to allow the other 9 to survive, I think the preliminary reasoning should be this:
If one of those 10 is your son, and the other 9 were strangers to you, would you accept his killing? If there was a fire and you could only save 1 among 3 children, 2 of them completely strangers to you and the third your own son, who would you save? The one that is near the door and with greatest possibilities of being rescued (but he is not your son)?
In your example, the boy was killed because he would have been the first to die. But, if there is no way to decide on that basis? 10 people with the same chances of surviving or not, and, facing the circumstances, only 9 can survive. One must be killed to save the others. Why, and this is the all point to me, is that singular life less important that the other nine?