jts wrote:"Surgeons shouldn't have to think about prevailing moral standards in the middle of a surgery. That is unfair to them. If indeed there is a prevailing moral standard concerning cutting out people's organs for fun and profit, that should be incorporated into tort laws to unburden the surgeons from such decisions."
Indeed, do you fault doctors for operating within the law? The more prevailing moral standards for cutting out people's organs (such as informed consent) is incorporated into the law. None of this prevents the doctors from going above and beyond the law, but we do not fault the doctors for actions within the letter of standard procedure and law. Beyond the law, the doctors also have their own standards for operation starting from the Hippocratic Oath. When you become a doctor, there are certain rules and procedures you agree to follow and it is understood by the consumers of medical services (or should be understood) that the services they receive will be guided by those rules and procedures. That is there is a mutually agreed upon explicit contract, which is entered into implicitly and explicitly.
jts wrote:"Drivers shouldn't have to think about prevailing moral standards in the middle of the road. That is unfair to them. If indeed there is a prevailing moral standard concerning unsafe or egotistical driving, that should be incorporated into the traffic laws to unburden the drivers from such decisions."
Indeed, the prevailing standards have been incorporated into traffic laws. When I drive I get mad at people who don't follow the traffic laws, but I don't get mad at people who drive the speed limit. A lot of people do put pressure on these drivers to drive faster, and they sometimes feel intimidated by this, and that just isn't right. You shouldn't have to fear being branded a jacka** for driving within the bounds of traffic laws. Being on the road is a dangerous thing to begin with... It makes perfect sense to me that universal moral standards should be incorporated into the laws. Of course, if you're talking about moral standards common to 70/80%, that is a different story---tyranny of the majority.
jts wrote:"Lovers shouldn't have to think about prevailing moral standards in the middle of a date. That is unfair to them. If indeed there is a prevailing moral standard concerning respect for your date, that should be incorporated into harassment and rape laws to unburden lovers from such decisions."
Wow. This is really stretching it. This sort of argument is argument for argument's sake. It is sophistry. First of all, unless you are "dating" a hooker or a crazy person, there is no explicit contract that you enter into by going on a date. The rules are fuzzy and you only have your own moral standards as a guide. Furthermore, to speak of rape and harassment and think that this is an appropriate comparison for Jasiek trying to win by rule dispute? That seems to be using inflammatory language as a rhetorical device. In fact, the scale of the things that were at stake in Jasiek's rule dispute and the examples that you gave here are vastly different.
jts wrote:I'm sure you could use the cookie-cutter to generate more examples, mutis mutandis. Here is what I observe:
1. "X-ers shouldn't have to think about prevailing moral standards in the middle of an X." This is equivocal. If you mean "they shouldn't have to actively cogitate about standards," it seems true. If you mean "they shouldn't have to have any regard for standards," it seems false. For example, consider the prevailing moral standard prohibiting cannibalism. I should hope that I wouldn't, in a game of go, be put in a situation where I need to think seriously about whether or not I should make a casserole out of my opponent! If I were forced to do so, either there is something seriously wrong with me, or the tournament director has made some very tragic mistake. (Perhaps he held the match on a life boat in the middle of the Pacific.) Nonetheless, the moral principle continues to apply throughout the game.
After reading this, I think that I may have been too harsh in my evaluation of your comments earlier. You have either 1) misunderstood my argument or 2) misconstrued it to win an argument on the Internet. Since I am an optimist, I will place 95% probability on it being case #1 (the 5% is because I am also agnostic). My argument was for a specific X (=tournament go) not all possible X. Furthermore, my arguments depended on the particulars of the specific X that I was speaking about. You cannot disprove the specific by disproving the universal argument. The reverse is true (you can disprove the universal by disproving a specific case). 3 is an odd number and it is prime. Not all odd numbers are prime.
jts wrote:2. "This is unfair to them." Why only unfair? I would make it, This monstrosity is barbarous to them! or, This barbarism is monstrous to them! or, To them this indignity is nothing short of a catastrophe! And then I would put it in a red, 72-pt., blinking font.
It's only unfair, as opposed to barbaric, because the wrong leg was not amputated. It's only unfair because they didn't become a paraplegic after a go-related accident. It's only unfair because the only consequence was the win/loss.
jts wrote:3. "If there is indeed a prevailing moral standard, it should be incorporated into the X-rules to unburden the X-ers from such decisions." This relies on the unstated but nonetheless universally accepted maxim that when we want to unburden people from making complicated decisions, the obvious answer is to heap more rules onto them (preferably with subsections, footnotes, and plenty of unexpected exceptions).
Again, as I mentioned, I was talking about a specific X.