Duty To Rescue - Ethical Justifications

Ethical Justifications

Legal requirements for a duty to rescue do not pertain in all nations, states, or localities. However, a moral or ethical duty to rescue may exist even where there is no legal duty to rescue. There are a number of potential justifications for such a duty.

One sort of justification is general and applies regardless of role-related relationships (doctor to patient; firefighter to citizen, etc.). Under this general justification, persons have a duty to rescue other persons in distress by virtue of their common humanity, regardless of the specific skills of the rescuer or the nature of the victim's distress.

These would justify cases of rescue and in fact make such rescue a duty even between strangers. They explain why philosopher Peter Singer suggests that if we saw a child drowning and could intervene to save him, we should do so, no matter the damage to our clothing or shoes or how late it might make us for a meeting. Singer goes on to say that we should also attempt to rescue distant strangers, not just nearby children, because globalization has made it possible for us to do so. Such general arguments for a duty to rescue also explain why after the 2010 Haiti earthquake, Haitians were digging family members, friends, and perfect strangers out of the rubble with their bare hands and carrying injured persons to whatever medical care was available. They also explain why, while covering that same earthquake, journalist and physician Sanjay Gupta and a number of other MD-journalists began acting as physicians to treat injuries rather than remaining uninvolved in their journalistic roles. Similarly, they justify journalist Anderson Cooper's attempt to shepherd an injured young boy away from some "toughs" nearby in the aftermath of the Haiti earthquake.

Specific arguments for such a duty to rescue include, but are not limited to:

• The Golden Rule: treat others as you would wish to be treated. This assumes that all persons would wish to be rescued if they were in distress, and so they should in turn rescue those in distress to the best of their abilities. What counts as distress requiring rescue may, of course, differ from person to person, but being trapped or at risk of drowning are emergent situations which this position assumes all humans would wish to be rescued from.
• Utilitarian ethics: utilitarianism posits that those actions are right which best maximize happiness and reduce suffering ("maximize the good"). Utilitarian reasoning generally supports acts of rescue which contribute to overall happiness and reduced suffering. Rule utilitarianism would look not just at whether individual acts of rescue maximize the good, but whether certain types of acts do so. It then becomes our duty to perform those types of actions. Generally, having strangers rescue those in distress maximizes good so long as the rescue attempt does not make things worse, so we have a duty to rescue to the best of our ability as long as doing so will not make things worse.
• Care Ethics: the ethics of care advise that the essence of morality and right behavior is tending to human relationships. Therefore, virtues (excellent character traits) such as compassion, sympathy, honesty, and fidelity are to be admired and developed. Acting out of compassion and sympathy will often require rescue where someone is in need. Indeed, it would not be compassionate to ignore someone's need, though the way one fulfills that need may vary. In cases of emergency, rescue would be the most compassionate act compared with allowing a person to remain trapped in rubble.

There are also ethical justifications for role-specific or skill-specific duties of rescue such as those described under the discussion of U.S. Common Law, above. Generally, these justifications are rooted in the idea that the best rescues, the most effective rescues, are done by those with special skills. Such persons, when available to rescue, are thus even more required to do so ethically than regular persons who might simply make things worse (for a utilitarian, rescue by a skilled professional in a relevant field would maximize the good even better than rescue by a regular stranger). This particular ethical argument makes sense when considering the ability firefighters to get both themselves and victims safely out of a burning building, or of health care personnel such as physicians, nurses, physician's assistants, and EMTs to provide medical rescue.

These are just some of the many ethical justifications for a duty to rescue, and they may hold true for both regular citizens and skilled professionals even in the absence of legal requirements to render aid.