Question:
The passage given below is followed by four summaries. Choose the option that best captures the author’s position.
Should the moral obligation to rescue and aid persons in grave peril, felt by a few, be enforced by the criminal law? Should we follow the lead of a number of European countries and enact bad Samaritan laws? Proponents of bad Samaritan laws must overcome at least three different sorts of obstacles. First, they must show the laws are morally legitimate in principle, that is, that the duty to aid others is a proper candidate for legal enforcement. Second, they must show that this duty to aid can be defined in a way that can be fairly enforced by the courts. Third, they must show that the benefits of the laws are worth their problems, risks and costs.
The passage given below is followed by four summaries. Choose the option that best captures the author’s position.
Should the moral obligation to rescue and aid persons in grave peril, felt by a few, be enforced by the criminal law? Should we follow the lead of a number of European countries and enact bad Samaritan laws? Proponents of bad Samaritan laws must overcome at least three different sorts of obstacles. First, they must show the laws are morally legitimate in principle, that is, that the duty to aid others is a proper candidate for legal enforcement. Second, they must show that this duty to aid can be defined in a way that can be fairly enforced by the courts. Third, they must show that the benefits of the laws are worth their problems, risks and costs.
Should the moral obligation to rescue and aid persons in grave peril, felt by a few, be enforced by the criminal law? Should we follow the lead of a number of European countries and enact bad Samaritan laws? Proponents of bad Samaritan laws must overcome at least three different sorts of obstacles. First, they must show the laws are morally legitimate in principle, that is, that the duty to aid others is a proper candidate for legal enforcement. Second, they must show that this duty to aid can be defined in a way that can be fairly enforced by the courts. Third, they must show that the benefits of the laws are worth their problems, risks and costs.
Updated On: Jul 29, 2025
- A number of European countries that have successfully enacted bad Samaritan laws may serve as model statutes.
- Everyone agrees that people ought to aid others, the only debate is whether to have a law on it.
- If bad Samaritan laws are found to be legally sound and enforceable they must be enacted.
- Bad Samaritan laws may be desirable but they need to be tested for legal soundness.
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The Correct Option is D
Solution and Explanation
The passage discusses whether the moral duty to assist those in danger should be legally enforced through bad Samaritan laws, a concept that exists in several European countries. The author outlines three challenges these laws face: establishing their moral legitimacy, ensuring they are enforceable by law, and weighing their benefits against potential problems and costs.
Among the given options, the one that best captures the author's stance is: Bad Samaritan laws may be desirable but they need to be tested for legal soundness.
Explanation:
- The passage highlights the complexities involved in implementing bad Samaritan laws, implying they cannot be enacted without thorough evaluation of their legality and practicality.
- Option 1 suggests European countries as models but overlooks the passage's emphasis on legal challenges.
- Option 2 implies unanimous agreement on assisting others, which is irrelevant to the legal considerations discussed.
- Option 3 prematurely suggests implementation if laws are sound, ignoring the initial step of legal evaluation indicated in the passage.
- Thus, option 4 aligns with the author's viewpoint that desirability must be checked against legal scrutiny.
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