Gilligan, Carol. (1982). In a different voice: Psychological theory and women's development. Cambridge: Harvard University Press.
Jake, at eleven, is clear from the outset that Heinz should steal the drug. Constructing the dilemma, as Kohlberg did, as a conflict between the values of property and life, he discerns the logical priority of life and uses that logic to justify his choice:For one thing, a human life is worth more than money, and if the druggist only makes $1,000, he is still going to live, but if Heinz doesn't steal the drug, his wife is going to die. (Why is hfe worth more than money?) Because the druggist can get a thousand dollars later from rich people with cancer, but Heinz can't get his wife again. (Why not?) Because people are all different and so you couldn't get Heinz's wife again.
Asked whether Heinz should steal the drug if he does not love his wife, Jake replies that he should, saying that not only is there "a difference between hating and killing," but also, if Heinz were caught, "the judge would probably think it was the right thing to do." Asked about the fact that, in stealing, Heinz would be breaking the law, he says that "the laws have mistakes, and you can't go writing up a law for everything that you can imagine."
Thus, while taking the law into account and recognizing its function in maintaining social order (the judge, Jake says, "should give Heinz the lightest possible sentence"), he also sees the law as man-made and therefore subject to error and change. Yet his judgment that Heinz should steal the drug, like his view of the law as having mistakes, rests on the assumption of agreement, a societal consensus around moral values that allows one to know and expect others to recognize what is "the right thing to do."
Fascinated by the power of logic, this eleven-year-old boy locates truth in math, which, he says, is "the only thing that is totally logical." Considering the moral dilemma to be "sort of like a math problem with humans," he sets it up as an equation and proceeds to work out the solution. Since his solution is rationally derived, he assumes that anyone following reason would arrive at the same conclusion and thus that a judge would also consider stealing to be the right thing for Heinz to do. Yet he is also aware of the limits of logic. Asked whether there is a right answer to moral problems, Jake replies that "there can only be right and wrong in judgment," since the parameters of action are variable and complex. Illustrating how actions undertaken with the best of intentions can eventuate in the most disastrous of consequences, he says, "like if you give an old lady your seat on the trolley, if you are in a trolley crash and that seat goes through the window, it might be that reason that the old lady dies."
In contrast, Amy's response to the dilemma conveys a very different impression, an image of development stunted by a failure of logic, an inability to think for herself. Asked if Heinz should steal the drug she replies in a way that seems evasive and unsure:Well, I don't think so. I think there might be other ways besides stealing it, like if he could borrow the money or make a loan or something, but he really shouldn't steal the drug--but his wife shouldn't die either.
Asked why he should not steal the drug, she considers neither property nor law but rather the effect that theft could have on the relationship between Heinz and his wife:If he stole the drug, he might save his wife then, but if he did, he might have to go to jail, and then his wife might get sicker again, and he couldn't get more of the drug, and it might not be good. So, they should really just talk it out and find some other way to make the money.
Seeing in the dilemma not a math problem with humans but a narrative of relationships that extends over time, Amy envisions the wife's continuing need for her husband and the husband's continuing concern for his wife and seeks to respond to the druggist's need in a way that would sustain rather than sever connection. Just as she ties the wife's survival to the preservation of relationships, so she considers the value of the wife's life in a context of relationships, saying that it would be wrong to let her die because, "if she died, it hurts a lot of people and it hurts her." Since Amy's moral judgment is grounded in the belief that, "if somebody has something that would keep somebody alive, then it's not right not to give it to them," she considers the problem in the dilemma to arise not from the druggist's assertion of rights but from his failure of response.
(Gilligan, 1982, pp. 26-28)