Not at all, Chrispminis... I love it when folks disagree with me, helps me to refine my ideas and to fuel open debate- so I love obiwan vs. rlumley, too. ;)
However, in this case I am holding, and I'll try to restate, as I think maybe I've phrased my position to vaguely.
I do not contest that the starving man would place more value on the burger than the satiated man.
I DO contest that it IS, in fact, more valuable, the valuations of each person aside, to the starving man than to the satiated man.
The starving man will appear to (and undoubtably will) value the burger more than the satiated man because of his state, because of the end toward which he hopes to use the burger as a means, namely, to recover from starvation, at least in part.
However, this is a feeling, and does not change the ACTUAL value of the burger at all.
The burger is a burger- and nothing more. Circumstantially it MAY be put to better use if it were given to the starving over the satiated man, but that does not change the fact that in either case it is +1, so to speak.
Whether that is:
Starving man... -1 due to starvation +1 due to burger= 0, contention
Satiated man... 0 due to contention +1 due to burger= +1, happiness
In either case, the burger is ONLY A RESOURCE, with a FIXED VALUE.
It is merely circumstance that makes it seem more "right" to give the burger to the starving man; in either case, however, a good is produced, and that good is the same, a +1, so to speak.
The ONLY way that we might say that it is more valuable to the starving man is that to level him out, from -1 to 0 and neutral, is something that would be more valuable not to either men, but to the OVERALL populace.
If the happiness of the people will be increased because the starving man starves no more, then it is right to give him the burger.
But if, for some reason, it will cause them more happiness to see it put to other uses, then it is NOT the correct action to give the starving man the burger... UNLESS we count the lives as different in value.
If we count all the lives equally, and the majority hold that the burger should not be given to the starving man, and we take for granted they are competent judges and reflective of the moral code the starving man holds (ie, if they are all of the same justice system; if the starving man is denied the burger because he is a victim of Apartheid and a judicial system he does NOT accept, or a Jew and NOT allowed to take part in the judicial system of the Nazi government, in either of THOSE cases the decision of the masses may be nulled as the one they are deciding upon has not consented to enter that realm of justice and as such has not consented to their judgement) then the majority view MUST hold- if the man is within the judicial system of the masses and the majority of that mass would be happier if he starved, for whatever reason, if he constented to that form of judgement from the start, then the masses, practically, must rule, as all are equal, and it will be the greatest exercise of justice to side with the majority view and the majority happiness over the other.
HOWEVER...
If we are to accept that human beings ARE different in value, then that changes EVERYTHING.
We must THEN ask who is valued more in their worth and in their opinion- the Others or the Starving Man?
If the Starving Man is of stronger character and will, if he is, say, the Nietzschean Ubermensch and is, mentally and emotionally, ABOVE AND BEYOND the rules of the Others, then he has the greater entitlement to the burger regardless of what they say. Needless to say, however, this is tricky to prove, how might we prove he is worth more?
I would ask you to consider (oh, dear, here we go...) a Jesus-like figure- NOT in personality, but ONLY in ability... imagine a Messiah.
The Messiah needs a burger.
NOW who has the higher claim to the burger- the Masses or Messiah?
The Messiah- his worth is greater, he morally and mentally supercedes the others, and as such has the greater claim.
To use a far more mundane example- two men want that burger and BOTH are starving. You are trapped in a cave with them.
Person A is a nice guy, but the weakest physically of the three of you.
Person B is like Popeye the Sailor with burgers- give it to him, and he'll be able to lift up the rocks and free you all from the cave; however, as a result of not getting the burger, Person A will die.
Who gets the burger THERE?
Person B, the Popeye-type person, as he is more useful, and two lives can be saved, at the cost of one, wehreas if A is fed, all three, likely, will die.
All that goe into many forms of ethics, but my main point (ten paragraphs or so ago lol) is that regardless of what sort of value OTHERS place on the burger, even if the starving man places a higher value on it and says it is more valuable to him, it is NOT, the value of a burger is fixed, the value of anything is fixed- and it is merely the situations we face that creat an illusory "greater" or "lesser" value for something, when it truly is worth the same... its AFFECTS might have different values, but the value of a burger is ALWAYS +1, so to speak.