The vote is on the link: is “Normative arguments using trolley cases rely on the cases' conceptual structure…” good evidence
against the claim?
Challenges the target of the main claim rather than its evidence base: if the working use of trolley cases is consistency-testing of principles, then facts about population response variability do not bear on that use. The vulnerable premise is that consistency-testing is intuition-free — the philosopher's own verdict on the case is still doing evidential work, and it is subject to the same framing pressures.
sources
[1]
From Seminar to Statute: How Thought-Experiment Verdicts Tr…
(think.example.org)
IDPS Working Paper 2024-08, pp. 19–24
“Tracing 37 national and supranational advisory documents on automated-vehicle collision algorithms, we found that 22 cited trolley-style verdicts as evidence of public moral consensus, and 14 cited e…”
[2]
Appeals to Intuitive Verdict in Contemporary Normative Ethi…
(journal.example.com)
Ethical Theory and Moral Practice, 26(4), 611–638; doi:10.5219/etmp.2023.26.4.611
“Contrary to the reconstruction on which trolley cases function purely as consistency probes, 63 of the 104 papers we coded (60.6%) contained at least one passage in which the author asserted that a v…”
the evidence
A survey of 92 papers in normative ethics published 2015-2023 that invoke trolley variants (Rasmussen, 2024) found that 81 used the cases to test the internal consistency of a stated principle — e.g. whether the doctrine of double effect delivers the verdict its proponents claim — rather than to establish a verdict by appeal to widespread agreement. Only 7 cited empirical response distributions at all.
the claim
The claim is that intuitive verdicts elicited by trolley cases are so sensitive to order, wording, and irrelevant affective features that they cannot function as evidence for or against normative principles. It targets the evidential role of the intuitions, not the coherence of the cases as conceptual tools; a defender of the cases must show either that the observed instability is small, or that it is filterable by procedures independent of the theory being tested.
This is the objection I take most seriously. My reply is that the 81 consistency-testing papers still need a fixed point about what the case verdict is, and Ojeda's expert data says that fixed point moves with order.