The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...) offender's intentional disposition as Kant does without knowing it for certain, we further exacerbate the opportunity for misdiagnosis. (shrink)

Suppose that a world in which we have an utterly non-consequentialist moral status is a better world than one in which we don’t have such a status. Does this give any reason to believe that we have such moral status? Suppose that a world without moral luck is worse than a world with moral luck. Does this give any reason to believe that there is moral luck? The problem is that positive answers to these questions1 seem to commit us to (...) instances of the inference ‘Wouldn’t it be nice if p, therefore, p’. Perhaps it would be nice if we had utterly nonconsequentialist dignity. How is this any reason to believe that we have such status? Perhaps it would be nice if there were moral luck. How is this any reason to believe that there is moral luck? Thus stated, such inferences look ridiculous, paradigmatic cases of wishful thinking.2 And yet they do not sound so obviously ridiculous, at least not as ridiculous as non-moral instances of the same argument schema3 (it would be nice if there were world peace, therefore, there is world peace). Can something be said in defence of such arguments, at least in morality? (shrink)

Introduction This paper defends the moral significance of the distinction between killing and letting die. In the first part of the paper, I consider and reject Michael Tooley’s argument that initiating a causal process is morally equivalent to refraining from interfering in that process. The second part disputes Tooley’s suggestion it is merely external factors that make killing appear to be worse than letting die, when in reality the distinction is morally neutral. Tooley is mistaken to claim that we are (...) permitted to kill bystanders who had no fair chance to avoid being at risk of harm. We can support the significance of the killing / letting die distinction by considering the difference between what we are permitted to do in self-defence against those who are going to kill us, and what we can do against those who are going to let us die. I also suggest that we are less responsible for the deaths we allow than for the deaths that we cause, since we do not make people worse off for our presence in cases where we fail to save them. (shrink)

I argue that any successful account of permissible self- defence must be action-guiding, or practical . It must be able to inform people’s deliberation about what they are permitted to do when faced with an apparent threat to their lives. I argue that this forces us to accept that a person can be permitted to use self-defence against Apparent Threats: characters whom a person reasonably, but mistakenly, believes threaten her life. I defend a hybrid account of self-defence that prioritises an (...) agent’s subjective perspective. I argue that it is sufficient to render the use of defence permissible if an agent reasonably believes that (a) she is morally innocent, and (b) if she does not kill this person, then they will kill her. I argue that the correct account of self-defence must distinguish between whether an agent is permitted to inflict harm, and whether the target is liable to bear that harm. (shrink)

In this paper I argue that the widespread view that obstructors are a special sort of bystander is mistaken. Obstructors make Victim worse off by their presence, and thus are more properly described as innocent threats. Only those characters who do not make Victim worse off by their presence can be classified as bystanders.

This article considers the reach of arguments for saving the greater number without interpersonal aggregation, and argues that interpersonal aggregation is useful to encompass the proper respect due to each separate person. I first give a precise definition of interpersonal aggregation, which many non-utilitarians try to avoid. Then, I show that consequentialism and Scanlon can justify the case for the greater number without interpersonal aggregation. However, I propose the Aggregation Approach, which justifies the case for the greater number in some (...) cases and the case for tossing a fair coin in other cases. I conclude that interpersonal aggregation does not disrespect the separate person. (shrink)

I begin by reconsidering the arguments of John Taurek and Elizabeth Anscombe on whether the number of people we can help counts morally. I then consider arguments that numbers should count given by F. M. Kamm and Thomas Scanlon, and criticism of them by Michael Otsuka. I examine how different conceptions of the moral method known as pairwise comparison are at work in these different arguments and what the ideas of balancing and tie-breaking signify for decision-making in various types of (...) cases. I conclude by considering how another moral method that I call virtual divisibility functions and what it helps reveal about an argument by Otsuka against those who do not think numbers count. (shrink)

Introduction -- The principles of self-defense -- The leading theories of self-defense -- The doctrine of double effect -- Double effect and common sense morality -- Can double effect justify self-defense? -- Conclusion: Justifying self-defense.

It is a curious fact about mainstream discussions of animal rights that they are dominated by consequentialist defenses thereof, when consequentialism in general has been on the wane in other areas of moral philosophy. In this paper, I describe an alternative, non‐consequentialist ethical framework (combining Kantian and virtue‐ethical elements) and argue that it grants (conscious) animals more expansive rights than consequentialist proponents of animal rights typically grant. The cornerstone of this non‐consequentialist framework is the thought that the virtuous agent is (...) s/he who has the stable and dominating disposition to treat all conscious animals, including non‐human conscious animals, as ends and not mere means. (shrink)

In recent years, many nonconsequentialists such as Frances Kamm and Thomas Scanlon have been puzzling over what has come to be known as the Number Problem, which is how to show that the greater number in a rescue situation should be saved without aggregating the claims of the many , a typical kind of consequentialist move that seems to violate the separateness of persons. In this paper, I argue that these nonconsequentialists may be making the task more difficult than necessary, (...) because allowing aggregation does not prevent one from being a nonconsequentialist. I shall explain how a nonconsequentialist can still respect the separateness of persons while allowing for aggregation. (shrink)

Rawls scholarship has not paid much attention to Rawls's early methodological writings so far, pretty much focusing on the reflective equilibrium (RE) which he is understood to have adopted in A Theory of Justice. Nelson Goodman's coherence-theoretical formulations concerning the justification of inductive logic in Fact, Fiction and Forecast have been suggested as the source of the RE. Following Rawls's methodological development in his early works, we shall challenge both these views. Our analysis reveals that the basic elements of RE (...) can be located in his essay. We shall further show that the origins of RE go all the way back to Aristotle's methods of ethics, as RE accords with the methodology entitled saving the appearances (SA) in recent Aristotle scholarship. (shrink)

In their paper ‘Why It Matters That Some Are Worse Off Than Others: An Argument against the Priority View’, Michael Otsuka and Alex Voorhoeve argue that prioritarianism is mistaken. I argue that their case against prioritarianism has much weaker foundations than it might at first seem. Their key argument is based on the claim that prioritarianism ignores the fact of the ‘separateness of persons’. However, prioritarianism, far from ignoring that fact, is a plausible response to it. It may be that (...) prioritarianism disregards the fact of the ‘unity of the individual’. But even if this is true, that doesn’t straightforwardly tell against prioritarianism as a view about distributive justice. In the end, Otsuka and Voorhoeve’s argument relies on a non-decisive intuition that they appeal to early in their paper. Their conclusion, as a result, is not compelling. (shrink)

In The Right and the Good, W. D. Ross commits himself to the view that, in addition to being distinct and defeasible, some prima facie duties are more binding than others. David McNaughton has argued that there appears to be no way of making sense of this claim that is both coherent and consistent with Ross's overall picture. I offer an alternative way of understanding Ross's remarks about the comparative stringency of prima facie duties, which, in addition to being compatible (...) with his view as presented in the text, provides us with a coherent, and indeed plausible, account of what it means for some duties to be more binding than others. (shrink)

In this paper, we consider three arguments for the irrelevance of the doctrine of double effect in end-of-life decision making. The third argument is our own and, to that extent, we seek to defend it. The first argument is that end-of-life decisions do not in fact shorten lives and that therefore there is no need for the doctrine in justification of these decisions. We reject this argument; some end-of-life decisions clearly shorten lives. The second is that the doctrine of double (...) effect is not recognized in UK law (and similar jurisdictions); therefore, clinicians cannot use it as the basis for justification of their decisions. Against this we suggest that while the doctrine might have dubious legal grounds, it could be of relevance in some ways, e.g. in marking the boundary between acceptable and unacceptable practice in relation to the clinician's duty to relieve pain and suffering. The third is that the doctrine is irrelevant because it requires there to be a bad effect that needs justification. This is not the case in end-of-life care for patients diagnosed as dying. Here, bringing about a satisfactory dying process for a patient is a good effect, not a bad one. What matters is that patients die without pain and suffering. This marks a crucial departure from the double-effect doctrine; if the patient's death is not a bad effect then the doctrine is clearly irrelevant. A diagnosis of dying allows clinicians to focus on good dying and not to worry about whether their intervention affects the time of death. For a patient diagnosed as dying, time of death is rarely important. In our conclusion we suggest that acceptance of our argument might be problematic for opponents of physician-assisted death. We suggest one way in which these opponents might argue for a distinction between such practice and palliative care; this relies on the double-effect doctrine's distinction between foresight and intention. (shrink)

I will begin by stating three theses which I present in this paper. The first is that it is not profitable for us at present to do moral philosophy; that should be laid aside at any rate until we have an adequate philosophy of psychology, in which we are conspicuously lacking. The second is that the concepts of obligation, and duty — moral obligation and moral duty, that is to say — and of what is morally right and wrong, and (...) of the moral sense of "ought," ought.. (shrink)

In this lecture I shall offer to make clear, deeply grounded, objective sense of a certain contrast: I call it the contrast between positive and negative instrumentality, and it shows up in ordinary speech in remarks about what happens because a person did do such and such, as against what happens because he did not. The line between positive and negative instrumentality lies fairly close to some others which are drawn by more ordinary bits of English. For instance, the difference (...) between positive and negative instrumentality in someone’s dying is cousin to the difference between killing a person and letting him die. The latter distinction has the advantage of being already encoded in plain. (shrink)

In replying to my article ‘An Error about the Doctrine of Double Effect’, Kaufman claims that the permission given by the four-condition Doctrine for certain mixed actions is merely complementary to an absolute prohibition—which he claims is the DDE's primary function. I point out again that in many cases this makes an appeal to the DDE's fourth condition not merely redundant but incoherent. Furthermore, his claim that I am a utilitarian maximizer, frustrated by a doctrine prohibiting intentional harms, however great (...) the net overall benefit, is based on a misrepresentation. I did not object to a candidate for justification under the DDE being rejected before reaching the fourth condition, only to its being accepted. (shrink)

This paper claims as erroneous the current widespread representation of the Doctrine of Double Effect (DDE) as primarily condemning as intrinsically bad actions involving intentional harm. The DDE's Four Conditions are in fact used solely for justifying certain intrinsically good actions with both intended good and unintended bad effects. Though contemporary writers assign a minor justificatory role to the DDE this is incompatible with their attribution to it of a primary prohibitive role. Not only is the conduct cited by these (...) writers as justifiable under the DDE so morally innocuous as to require no justification, but any attempt to justify it by appeal to the DDE leads to incoherence. We finally suggest reasons for this misinterpretation in current concerns with the structure of deontological moral theories. (shrink)

The use of terminal sedation to control theintense discomfort of dying patients appearsboth to be an established practice inpalliative care and to run counter to the moraland legal norm that forbids health careprofessionals from intentionally killingpatients. This raises the worry that therequirements of established palliative care areincompatible with moral and legal opposition toeuthanasia. This paper explains how thedoctrine of double effect can be relied on todistinguish terminal sedation from euthanasia. The doctrine of double effect is rooted inCatholic moral casuistry, but (...) its applicationin law and morality need not depend on theparticular framework in which it was developed. The paper further explains how the moral weightof the distinction between intended harms andmerely foreseen harms in the doctrine of doubleeffect can be justified by appeal to alimitation on the human capacity to pursue good. (shrink)

The doctrine of double effect continues to be an important tool in bioethical casuistry. Its role within the Catholic moral tradition continues, and there is considerable interest in it by contemporary moral philosophers. But problems of justification and correct application remain. I argue that if the traditional Catholic conviction that there are exceptionless norms prohibiting inflicting some kinds of harms on people is correct, then double effect is justified and necessary. The objection that double effect is superfluous is a rejection (...) of that normative conviction, not a refutation of double effect itself. This justification suggests the correct way of applying double effect to controversial cases. But versions of double effect which dispense with the absolutism of the Catholic tradition lack justification and fall to the objection that double effect is an unnecessary complication. Keywords: double effect, intention, side effect CiteULike Connotea Del.icio.us What's this? (shrink)

T. A. Cavanaugh defends double-effect reasoning (DER), also known as the principle of double effect. DER plays a role in anti-consequentialist ethics (such as deontology), in hard cases in which one cannot realize a good without also causing a foreseen, but not intended, bad effect (for example, killing non-combatants when bombing a military target). This study is the first book-length account of the history and issues surrounding this controversial approach to hard cases. It will be indispensable in theoretical ethics, applied (...) ethics (especially medical and military), and moral theology. It will also interest legal and public policy scholars. (shrink)

I argue that the moral distinction in double effect cases rests on a difference not in intention as traditionally stated in the Doctrine of Double Effect (DDE), but in desire. The traditional DDE has difficulty ensuring that an agent intends the bad effect just in those cases where what he does is morally objectionable. I show firstly that the mental state of a rational agent who is certain that a side-effect will occur satisfies Bratman's criteria for intending that effect. I (...) then clarify the nature of the moral distinction in double effect cases and how it can be used to evaluate the moral blameworthiness of agents rather than the moral status of acts. The agent's blameworthiness is reduced not by his lack of intention but by his desire not to bring about the side-effect, and the 'counterfactual test' can be used to determine whether he desires the effect in acting. In my version, the DDE has its rationale in virtue ethics; it is not liable to abuse as the traditional version is; and it makes more plausible distinctions when applied to standard examples. (shrink)

The paper outlines and explores a possible strategy for defending both the action/omission distinction (AOD) and the principle of double effect (PDE). The strategy is to argue that there are degrees of actionhood, and that we are in general less responsible for what has a lower degree of actionhood, because of that lower degree. Moreover, what we omit generally has a lower degree of actionhood than what we actively do, and what we do under known-but-not-intended descriptions generally has a lower (...) degree of actionhood than what we do under known-and-intended descriptions. Therefore, we are in general less responsible for what we omit than for what we do—which is just what AOD says. And we are in general less responsible for what we do under known-but-not-intended descriptions than for what we do under known-and-intended descriptions—which is just what PDE says. (shrink)

[T. M. Scanlon] It is clearly impermissible to kill one person (or refrain from giving him treatment that he needs in order to survive) because his organs can be used to save five others who are in need of transplants. It has seemed to many that the explanation for this lies in the fact that in such cases we would be intending the death of the person whom we killed, or failed to save. What makes these actions impermissible, however, is (...) not the agent's intention but rather the fact that the benefit envisaged does not justify an exception to the prohibition against killing or the requirement to give aid. The difference between this explanation and one appealing to intention is easily overlooked if one fails to distinguish between the prospective use of a moral principle to guide action and its retrospective use to appraise the way an agent governed him or herself. Even if this explanation is accepted, however, it remains an open question whether and how an agent's intention may be relevant to the permissibility of actions in other cases. \\\ [Jonathan Dancy] My first four sections concentrate on the second section of Professor Scanlon's contribution (hereafter IP), where he lays out his conception of moral principles and of the role they play in theory and practice. I will raise questions on the following issues: 1. Scanlon's initial introduction of the notion of a principle. 2. His rejection of the standard view that principles are concerned with the forbidding, permitting and requiring of actions. 3. His rejection of pro tanto conceptions of principles in favour of a conception of them as conclusive. 4. The resulting account of what it is for a principle to face and survive exceptions. Scanlon's discussion of these matters here both appeals to and is in some respects more detailed than the relevant section of his recent What We Owe to Each Other (hereafter WWO). The topic is interesting both for the role played by principles in Scanlon's present discussion of intention and permissibility, and more generally because of his account of wrongness: an act is wrong iff it is ruled out by principles that nobody could reasonably reject. The remainder of my contribution is concerned with the ostensible focus of IP, namely the relevance (if any) of agent-intentions to the permissibility of what is done. (shrink)

Recently, a new problem has arisen for an Anscombean conception of intentional action. The claim is that the Anscombean’s emphasis on the formally causal character of practical knowledge precludes distinguishing between an aim and a merely foreseen side effect. I propose a solution to this problem: the difference between aim and side effect should be understood in terms of the familiar Anscombean distinction between acting intentionally and the intention with which one acts. I also argue that this solution has advantages (...) over an alternative that has already been endorsed in the literature: it is a better fit for the Anscombean theory, and it naturally accommodates intuitions about the moral significance of aiming vs. merely foreseeing. (shrink)

This paper has two aims. First, I explore the scope and limitations of the doctrine of double effect (DOE) by focusing specifically on the notion of "effect classification." Turning my attention to some hard cases, I argue that the DOE has to be supplemented by additional principles that specify how effects are to be discriminated from one another and how the various aspects of the relevant actions are to be classified as intended or simply foreseen. Secondly, I draw some general (...) lessons from this specific investigation of the ODE bearing on the way in which moral principles of this sort can be seen to function helpfully in moral reflection. (shrink)

Philosophers from Hart to Lewis, Johnston and Bennett have expressed various degrees of reservation concerning the doctrine of double effect. A common concern is that, with regard to many activities that double effect is traditionally thought to prohibit, what might at first look to be a directly intended bad effect is really, on closer examination, a directly intended neutral effect that is closely connected to a foreseen bad effect. This essay examines the extent to which the commonsense concept of intention (...) supports a reasonably consistent and coherent application of double effect. Two important conclusions are these: (1) a number of traditionally proscribed activities involve a kind of “targeting” of innocents that can be taken to exhibit a direct intention to harm them; (2) a direct intention to harm need not involve a desire to harm in any ordinary sense of the latter expression. (shrink)

The purpose of this note is to tidy up some matters concerning ascriptions of intention and the employment of the doctrine of double effect (henceforth DDE). I first argue that Jonathan Bennett’s efforts to show that DDE is a foolish doctrine are unsatisfactory. I then consider a puzzle of Mark Johnston’s that seems to pose a problem for the defender of DDE. I turn to possible solutions to the puzzle, criticize one, and then offer the one I find most appealing. (...) I then show how my proposal for employing DDE enables it to make some distinctions between courses of conduct without issuing foolish pronouncements about moral permissibility. (shrink)

I defend the argument that if embryo loss in stem cell research is morally problematic, then embryo loss in in vivo conception is similarly morally problematic. According to a recent challenge to this argument, we can distinguish between in vivo embryo loss and the in vitro embryo loss of stem cell research by appealing to the Doctrine of Double Effect. I argue that this challenge fails to show that in vivo embryo loss is a mere unintended side-effect while in vitro (...) embryo loss is an intended means and that, even if we refine the challenge by appealing to Michael Bratman’s three roles of intention, the distinction is still unwarranted. (shrink)

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson’s argument to the empirical test by (...) asking people what they should do in the new trilemma case in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson’s argument. But Thomson’s argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible – exactly what Thomson’s argument had predicted. (shrink)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of Terror Bomber and Strategic Bomber which dominates this debate is underdetermined in three crucial respects: (1) the non-psychological worlds of Terror Bomber and Strategic Bomber; (2) the psychologies of Terror Bomber and Strategic Bomber; and (3) the structure of the thought-experiment, especially in relation to its similarity with the Trolley Problem. (1) If the two (...) worlds are not identical, then it may be these differences between the two worlds and not the Doctrine of Double Effect to explain the moral difference; (2a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double Effect that explains the moral difference; (2b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. Finally, (3) the Strategic Bomber scenario could also be constructed so as to be structurally equivalent to the Fat Man scenario in the Trolley Problem: but then the Doctrine of Double Effect would give different answers to two symmetrical cases. (shrink)

Joseph Boyle raises important questions about the place of the double-effect exception in absolutist moral theories. His own absolutist theory (held by many, but not all, Catholic moralists), which derives from the principles that fundamental human goods may not be intentionally violated, cannot dispense with such exceptions, although he rightly rejects some widely held views about what they are. By contrast, Kantian absolutist theory, which derives from the principle that lawful freedom must not be violated, has a corollary – that (...) it is a duty, where possible, to coerce those who try to violate lawful freedom – which makes superfluous many of the double-effect exceptions Boyle allows. Other implications of the two theories are contrasted. Inter alia , it is argued that, in Boyle's theory, that a violation of a fundamental human good can be viewed as a cost proportionate to a benefit obtained, cannot yield a double-effect exception to the prohibition of intentionally violating that good, because paying a cost cannot be unintentional. Keywords: cost-benefit analysis, double effect, intention, side effect CiteULike Connotea Del.icio.us What's this? (shrink)

Whereas indirect euthanasia is a common clinical practice, active euthanasia remains forbidden in most countries. The reason for this differentiation is usually seen in the principle of double-effect (PDE). PDE states that there is a morally relevant difference between the intended consequences of an action and merely foreseen, unintended side-effects. This article discloses the fundamental assumptions presenting the basis for this application of the PDE and examines whether these assumptions are compatible with the PDE. It is shown that neither a (...) liberal nor a utilitarian point of view makes the utilization of the PDE possible. In accordance with philosophical tradition, only within the doctrine of the sanctity of life does the PDE seem to be applicable. By analysing the premises of this doctrine, and comparing them with those of the PDE, the inconsistency of this idea is demonstrated. It is suggested that the role of the PDE in the current discussion on euthanasia is largely exaggerated. (shrink)

In his book Moral Dimensions. Permissibility, Meaning, Blame , T.M. Scanlon proposes a new account of permissibility, and argues, against the doctrine of double effect (DDE), that intentions do not matter for permissibility. I argue that Scanlon's account of permissibility as based on what the agent should have known at the time of action does not sufficiently take into account Scanlon's own emphasis on permissibility as a question for the deliberating agent. A proper account of permissibility, based on the agent's (...) actual beliefs, will allow us to revise the principle Scanlon proposes for regulating the use of violence in war, and to show that, while the DDE as such might be invalid, its focus on intentions does point toward an important element which Scanlon's proposal lacks, viz. the requirement that the agent believes that her actions will have certain consequences and can be justified for that reason. (shrink)

The distinction between harm that is intended as a means or end, and harm that is merely a foreseen side-effect of one’s action, is widely cited as a significant factor in a variety of ethical contexts. Many use it, for example, to distinguish terrorist acts from certain acts of war that may have similar results as side-effects. Yet Bennett and others have argued that its application is so arbitrary that if it can be used to cast certain harmful actions in (...) a more favorable light, then it can equally be manipulated to do the same for any kind of harmful action. In response, some have tried to block such extensions of the intend/foresee distinction by rejecting its application in cases where the relation between the plainly intended means and the harm is “too close”. This move, however, has been attacked as vague and obscure, and Bennett has argued that all the plausible candidates for explicating the idea of excessive closeness ultimately fail. In this paper, I develop and defend an account of excessive closeness with the aim of rescuing the intend/foresee distinction from such charges of arbitrariness. The account is based on the distinction between merely causal and constitutive relations among states of affairs, and I show both how it escapes Bennett’s objections to other accounts and how it applies to a variety of cases. Finally, I also examine Quinn’s alternative move of shifting the focus of the intend/foresee distinction in an attempt to sidestep the issue of closeness, and argue that it is not ultimately successful. In fact, Quinn’s view has shortcomings that can be resolved only by returning to an appeal to some notion of closeness, underscoring the need for the sort of account I offer. (shrink)

One of the reasons why most of us feel puzzled about the problem of abortion is that we want, and do not want, to allow to the unborn child the rights that belong to adults and children. When we think of a baby about to be born it seems absurd to think that the next few minutes or even hours could make so radical a difference to its status; yet as we go back in the life of the fetus we (...) are more and more reluctant to say that this is a human being and must be treated as such. No doubt this is the deepest source of our dilemma, but it is not the only one. For we are also confused about the general question of what we may and may not do where the interests of human beings conflict. We have strong intuitions about certain cases; saying, for instance, that it is all right to raise the level of education in our country, though statistics allow us to predict that a rise in the suicide rate will follow, while it is not all right to kill the feeble-minded to aid cancer research. It is not easy, however, to see the principles involved, and one way of throwing light on the abortion issue will be by setting up parallels involving adults or children once born. So we will be able to isolate the “equal rights” issue and should be able to make some advance... (shrink)

The doctrine of double effect shows that for which the moral agent is responsible, by explicating the relationship between the act directly intended and the consequences of that act. I contend that this doctrine is necessary not only for natural law absolutism, but also for Donagan's Kantianism and for Quinn's revised construal of the doctrine, and even for consequentialism, as bioethical implications of the doctrine make clear. For those who do not accept this necessity, I contend that it is necessary (...) metatheoretically, in order to deal with those moral agents with irreconcilably different notions of the morally good. Keywords: cost-benefit analysis, double effect, intention, side effect CiteULike Connotea Del.icio.us What's this? (shrink)

In this essay I first provide a brief explanation of the principle of double effect (PDE) and the propositions that it entails regarding the distinction betweenintention and foresight (I/F distinction) and the distinction’s relevance to ethical evaluation. Then I address several recent critiques of PDE and the I/F distinctionby influential ethicists including Judith Jarvis Thomson, Tom Beauchamp and James Childress, and Jonathan Bennett. I argue that none of these critiques issuccessful. In the process of refuting the critiques, I also give (...) prima facie reason to believe that the I/F distinction is relevant to evaluation of agents and their actions and that PDE is a defensible ethical principle. (shrink)

In this article I am concerned with whether it could be morally significant to distinguish between doing something 'in order to bring about an effect' as opposed to 'doing something because we will bring about an effect'. For example, the Doctrine of Double Effect (DDE) tells us that we should not act in order to bring about evil, but even if this is true is it perhaps permissible to act only because an evil will thus occur? I discuss these questions (...) in connection with a version of the so-called Trolley Problem known as the Loop Case. I also consider how these questions may bear on whether a rational agent must aim at an event which he believes is causally necessary to achieve an end he pursues. (shrink)

The difficulty of distinguishing between the intended and the merely foreseen consequences of actions seems to many to be the most serious problem for the doctrine of double effect. It has led some to reject the doctrine altogether, and has left some of its defenders recasting it in entirely different terms. I argue that these responses are unnecessary. Using Bratman’s conception of intention, I distinguish the intended consequences of an action from the merely foreseen in a way that can be (...) used to support the doctrine of double effect. (shrink)

According to the doctrine of double effect(DDE), there is a morally significantdifference between harm that is intended andharm that is merely foreseen and not intended.It is not difficult to explain why it is bad tointend harm as an end (you have a ``badattitude'' toward that harm) but it is hard toexplain why it is bad to intend harm as a meansto some good end. If you intend harm as a meansto some good end, you need not have a ``badattitude'' toward (...) it. I distinguish two ways inwhich you can treat something that is yourchosen means to your ends. You can pursue yourends directly, and treat X as a mere means thatyou pursue for the sake of your end. Or you canpursue your ends indirectly, and treat X as a``plan-relative end'' that you pursue for its ownsake. I argue that much of the time we pursueour ends indirectly, and treat our means asplan-relative ends. There are significantanalogies between intending harm as an end, andintending harm as a plan-relative end. So,under certain circumstances, it is morallyworse to intend harm as a means or an end thanto foresee bringing about the same amount of harm. (shrink)

This paper examines the doctrine of double effect as it is typically applied. The difficulty of distinguishing between what we intend and what we foresee is highlighted. In particular, Warren Quinn's articulation of that distinction is examined and criticised. It is then proposed that the only credible way that we can be said to foresee that a harm will result and mean something other than that we intend it to result, is if we are not certain that that harm will (...) result. The ramifications of this are explored. The paper concludes with a moral evaluation of a variety of cases that have harmful outcomes. It is recommended both that we abandon the doctrine of double effect and that we cease to describe cases with harmful outcomes in a dishonest way. (shrink)

If one accepts a version of absolutism that excludes the intentional killing of any innocent human person from conception to natural death, ectopic pregnancy poses vexing difficulties. Given that the embryonic life almost certainly will die anyway, how can one retain ones moral principle and yet adequately respond to a situation that gravely threatens the life of the mother and her future fertility? The four options of treatment most often discussed in the literature are non-intervention, salpingectomy (removal of tube with (...) embryo), salpingostomy (removal of embryo alone), and use of methotrexate (MXT). In this essay, I review these four options and introduce a fifth (the milking technique). In order to assess these options in terms of the absolutism mentioned, it will also be necessary to discuss various accounts of the intention/foresight distinction. I conclude that salpingectomy, salpingostomy, and the milking technique are compatible with absolutist presuppositions, but not the use of methotrexate. (shrink)

In this article, I shall present three arguments for thc pcrmissibility 0f physician-assisted suicide (PAS), and then examine several objections 0f 21 "K21nti2m" and non-Kantian nature against them. These are really 0bjcctions against certain types of suicide. I shall focus 0n active PAS (eg., when 21 patient takes 21 lethal drug given by E1 physician, in which case both thc physician and patient are active). I shall assume the patient is 21 competent, responsible, rational agent, who gives his being in (...) physical discomfort (pain, nausea, ctc.) as thc reason for intending his death. I am assuming, therefore, thc pain while 21 sourcc of suffering docs not undermine his rational agency in 21 way that threatens responsibility for choice.] Current legal proposals for permitting PAS focus 0n procedures.. (shrink)

In this article I am concerned with whether it could be morally significant to distinguish between doing something 'in order to bring about an effect' as opposed to 'doing something because we will bring about an effect'. For example, the Doctrine of Double Effect (DDE) tells us that we should not act in order to bring about evil, but even if this is true is it perhaps permissible to act only because an evil will thus occur? I discuss these questions (...) in connection with a version of the so-called Trolley Problem known as the Loop Case. I also consider how these questions may bear on whether a rational agent must aim at an event which he believes is causally necessary to achieve an end he pursues. (shrink)

The Doctrine of Double Effect and the Principle of Do No Harm raise important theoretical and practical issues, some of which are discussed by Boyle, Donagan, and Quinn. I argue that neither principle is correct, and some revisionist, and probably nonabsolutist, analysis of constraints on action and omission is necessary. In making these points, I examine several approaches to deflection of threat cases, discuss an argument for the permissibility of voluntary euthanasia, and present arguments relevant to medical contexts which justify (...) intentionally hanning some to aid others, with and without the consent of those harmed. Keywords: consent, double effect, euthanasia, harming, organ transplantation, scarce resources, trolley problem CiteULike Connotea Del.icio.us What's this? (shrink)

This paper discusses physician-assisted suicide (PAS) and voluntary active euthanasia (VAE), supplies a short history and argues in favour of permitting both once rigid criteria have been set and the cases retro-reviewed. I suggest that among these criteria should be that VAE should only be permitted with one more necessary criterion: that VAE should only be allowed when physician assisted suicide is not a possible option. If the patient is able to ingest and absorb the medication there is no reason (...) why VAE should be permitted. A brief history of VAE and PAS is given and some of the arguments which have been given are analyzed. The Principle of the Double Effect is briefly discussed and why, in my opinion, it is not a valid principle is briefly discussed. (shrink)

The principles whereby the reason operates in ethically complicated situations has been subject to long-standing debates in Catholic Philosophy. A classic text which exemplifies this is Aquinas’s consideration of self-defensive killing. In this paper I clarify two central issues in double-effect reasoning debates surrounding this text. Both issues are connected to the seemingly simple but actually complex task of accounting for the “chosen means” of self-defense. The first issue is whether the “chosen means” are also able to be considered a (...) “proximate end,” to which the intention is directed. The second is determining whether the assailant’s death is related to the “chosen means” per se and therefore to the rest of the moral action. Resolving these issues will provide grounds for answering the broader question implicit in the situation of self-defensive killing: what is to be done when human actions would inevitably entail that some evil is instrumentally tied to realizing some good? (shrink)

Modern warfare cannot be conducted without civilians being killed. In order to reconcile this fact with the principle of discrimination in just war theory, the principle is applied through the doctrine of double effect. But this doctrine is morally inadequate because it is too permissive regarding the risk to civilians. For this reason, Michael Walzer has suggested that the doctrine be supplemented with what he calls the idea of double intention: combatants are not only to refrain from intending to harm (...) civilians; they are also to take precautions to reduce risk to civilians, even at the expense of increasing risk to themselves. The article develops the idea of double intention by addressing two questions: What does it mean to intend to reduce civilian risk, and how much should civilian risk be reduced? The results of this discussion are then used to consider a moral issue that arises in technologically asymmetric warfare, namely, the extent to which the use of precision-guided munitions, which allow more accurate targeting, can by itself bear the moral burden imposed by the principle of discrimination. (shrink)