The costs of tragedy: Some moral limits of cost-benefit analysis

被引:95
|
作者
Nussbaum, MC [1 ]
机构
[1] Univ Chicago, Sch Divin, Sch Law, Dept Philosophy, Chicago, IL 60637 USA
[2] Univ Chicago Coll, Chicago, IL USA
来源
JOURNAL OF LEGAL STUDIES | 2000年 / 29卷 / 02期
关键词
D O I
10.1086/468103
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In all situations of choice, we face a question that I call "the obvious question'': what shall we do? But sometimes we also face, or should face, a different question, which I call "the tragic question": is any of the alternatives open to us foe from serious moral wrongdoing? Discussing cases of tragic conflict from literature, philosophy, and contemporary life, I argue that it is valuable to face the tragic question where it is pertinent, because facing it helps us think how we might design a society where such unpalatable choices do not confront people, or confront them less often. Cost-benefit analysis helps us answer the obvious question; but it does not help us either pose or answer the tragic question, and it frequently obscures the presence of a tragic situation, by suggesting that the obvious question is the only pertinent question. I apply these reflections to thinking about basic entitlements of citizens, such as might be embodied in constitutional guarantees.
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页码:1005 / 1036
页数:32
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