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Wednesday, April 07, 2010

The Innocent By-Standers, the Good Samaritan

And That French Dude Who Jumped in the East River.





The American "innocent by-stander rule" as I learned it law school held essentially that there was no affirmative duty to assist someone you saw in need, for example, some random car accident victim you happened upon the road, but if you do attempt to assist you had an affirmative duty to do so non-negligently, i.e. don't drag someone with a broken neck by the hair to a guerney.

This is the Anti-Good Samaritan rule -the Good Samaritan rule holds essentially you should morally feel compelled to do what you would want done to you-i.e. help retrieve them to safety even when it costs you.

The now famous French guy who saw a toddler fall in the river and jumped in after her is the model of the later ethic. It didn't matter to him who she was, or how she got there- all he saw was some toddler plummetting into a cold river and bobbing like a lifeless doll. He didn't blink -he jumped in to save her.

If you understand the ethical difference in the response here you might better grasp the cultural divide between the Europeans and American Tea-party folks who are really ticked off that they are required to shoulder any burden of universal health care coverage.

I'm sure that the French guy had a dry cleaning bill to pay too.

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