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RichardKennaway comments on Rationality Quotes September 2014 - Less Wrong
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An interesting quote. It essentially puts forward the "reasonable person" legal theory. But that's not what's interesting about it.
The shipowner is pronounced "verily guilty" solely on the basis of his thought processes. He had doubts, he extinguished them, and that's what makes him guilty. We don't know whether the ship was actually seaworthy -- only that the shipowner had doubts. If he were an optimistic fellow and never even had these doubts in the first place, would he still be guilty? We don't know what happened to the ship -- only that it disappeared. If the ship met a hurricane that no vessel of that era could survive, would the shipowner still be guilty? And, flipping the scenario, if solely by improbable luck the wreck of the ship did arrive unscathed to its destination, would the shipowner still be guilty?
Part of the scenario is that the ship is in fact not seaworthy, and went down on account of it. Part is that the shipowner knew it was not safe and suppressed his doubts. These are the actus reus and the mens rea that are generally required for there to be a crime. These are legal concepts, but I think they can reasonably be applied to ethics as well. Intentions and consequences both matter.
If the emigrants do not die, he is not guilty of their deaths. He is still morally at fault for sending to sea a ship he knew was unseaworthy. His inaction in reckless disregard for their lives can quite reasonably be judged a crime.
That is just not true. The author of the quote certainly knew how to say "the ship was not seaworthy" and "the ship sank because it was not seaworthy". The author said no such things.
You are mistaken. Suppressing your own doubts is not actus reus -- you need an action in physical reality. And, legally, there is a LOT of difference between an act and an omission, failing to act.
The author said:
and more, which you have already read. This is clear enough to me.
In this case, an inaction.
In general there is, but not when the person has a duty to perform an action, knows it is required, knows the consequences of not doing it, and does not. That is the situation presented.