this post was submitted on 25 Aug 2023
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Philosophy
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This is a utilitarian dilemma. A broader, consequentialist dilemma could ask whether having an absolutist stance toward certain rules or rights, like the right to a due process of law, is more useful than saving a person or small group.
Put another way, thinking past the dilemma in this situation, it could be said that the practical consequences of a judge violating that stance towards rights, and by extension the reliability of law, might or might not outweigh the potential benefits of trying to preserve life and property.