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Comment by andkon

There are a few ways this argument can play out:

1. You have a moral obligation to litigate moral wrongs, whether or not they happened to you. Since rich people have more money and hence more things are litigable to them, they have a moral obligation to litigate more things. In this view, Thiel obviously did the wrong thing: he avoided litigating moral wrongs for years while waiting for the right case to come up strictly about Gawker. He failed to act ethically, under this model.

2. It is morally permissible to litigate moral or even legal wrongs that were not committed to you. It being permissible means it's a supererogatory feature of your moral life, in that you don't have to do it. It goes beyond the call of duty to sue Gawker for what they did to Hogan. But without a moral obligation to do so, you can't say that it could ever override your other obligations to behave ethically. Retribution, which this clearly was, is not an obviously ethical motive that would mean we should wholesale excuse what Thiel did—even though it may have been a good act to punish Gawker for Hogan, it was morally wrong to use the legal system strictly for retribution.

3. It is your moral obligation to litigate all litigable acts. This is absurd, prima facie: all our money and time should go towards litigation? Nah.

In other words, yeah, the motives matter. Thiel went above and beyond the call of duty and acted unethically, in an especially egregious and self-serving way available only to billionaires, along the way.

parent andkon 10 years ago

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