Justice_ What's the Right Thing to Do_ - Michael Sandel [70]
When it came to his house repairs, Hume didn’t like a purely benefit-based theory of obligation. But his defense failed, and the court ordered him to pay.
The idea that an obligation to repay a benefit can arise without consent is morally plausible in the case of Hume’s house. But it can easily slide into high-pressure sales tactics and other abuses. In the 1980s and early ’90s, “squeegee men” became an intimidating presence on New York City streets. Equipped with a squeegee and a bucket of water, they would descend upon a car stopped at a red light, wash the windshield (often without asking the driver’s permission), and then ask for payment. They operated on the benefit-based theory of obligation invoked by Hume’s contractor. But in the absence of consent, the line between performing a service and panhandling often blurred. Mayor Rudolph Giuliani decided to crack down on the squeegee men and ordered the police to arrest them.9
Benefit or Consent? Sam’s Mobile Auto Repair
Here is another example of the confusion that can arise when the consent-based and benefit-based aspects of obligation are not clearly distinguished. Many years ago, when I was a graduate student, I drove across the country with some friends. We stopped at a rest stop in Hammond, Indiana, and went into a convenience store. When we returned to our car, it wouldn’t start. None of us knew much about car repair. As we wondered what to do, a van pulled up beside us. On the side was a sign that said, “Sam’s Mobile Repair Van.” Out of the van came a man, presumably Sam.
He approached us and asked if he could help. “Here’s how I work,” he explained. “I charge fifty dollars an hour. If I fix your car in five minutes, you will owe me fifty dollars. If I work on your car for an hour and can’t fix it, you will still owe me fifty dollars.”
“What are the odds you’ll be able to fix the car?” I asked. He didn’t answer me directly, but starting poking around under the steering column. I was unsure what to do. I looked to my friends to see what they thought. After a short time, the man emerged from under the steering column and said, “Well, there’s nothing wrong with the ignition system, but you still have forty-five minutes left. Do you want me to look under the hood?”
“Wait a minute,” I said. “I haven’t hired you. We haven’t made any agreement.” The man became very angry and said, “Do you mean to say that if I had fixed your car just now while I was looking under the steering column you wouldn’t have paid me?”
I said, “That’s a different question.”
I didn’t go into the distinction between consent-based and benefit-based obligations. Somehow I don’t think it would have helped. But the contretemps with Sam the repairman highlights a common confusion about consent. Sam believed that if he had fixed my car while he was poking around, I would have owed him the fifty dollars. I agree. But the reason I would have owed him the money is that he would have performed a benefit—namely, fixing my car. He inferred that, because I would have owed him, I must (implicitly) have agreed to hire him. But this inference is a mistake. It wrongly assumes that wherever there is an obligation, there must have been an agreement—some act of consent. It overlooks the possibility that obligation can arise without consent. If Sam had fixed my car, I would have owed him in the name of reciprocity. Simply thanking him and driving off would have been unfair. But this doesn’t imply that I had hired him.
When I tell this story to my students, most agree that, under the circumstances, I didn’t owe Sam the fifty dollars. But many hold this view