Imagine you see your neighbor’s dog drowning in their backyard pool. You call out for the neighbor and bang on their door, but no one comes. Their gate is closed, so you unlatch it, enter the backyard, and rescue the dog. Should you go to jail for trespassing on their property?

As a matter of common sense, the answer seems clear: No, you shouldn’t be punished for performing a good deed. The law even reflects this intuition: A doctrine known as the “necessity defense” allows one to argue that their actions, though otherwise illegal, were justified because they prevented an even greater harm. Further, some would say that, as a moral matter, it would be wrong to see a dog drowning, know that you had the ability to rescue her, and do nothing.

However, following a similar scenario, what if th

See Full Page