Doing, Allowing, and the State

Law and Philosophy 33 (2):235-264 (2014)
The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule and others have presented influential arguments for the claim that where the state is concerned the doing/allowing distinction has no moral significance, even if it does elsewhere. I show that these arguments can be resisted. In doing so, I defend some important distinctions and principles that help us understand the state’s role in protecting people from harm
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/s10982-013-9182-5
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive
Through your library
References found in this work BETA
Leviathan.Thomas Hobbes - 1651 - Dover Publications.
Turning the Trolley.Judith Jarvis Thomson - 2008 - Philosophy and Public Affairs 36 (4):359-374.
Killing in Self‐Defense.Jonathan Quong - 2009 - Ethics 119 (3):507-537.

View all 10 references / Add more references

Citations of this work BETA
Harm Principles.James Edwards - 2014 - Legal Theory 20 (4):253-285.

Add more citations

Similar books and articles
Doing and Allowing, Threats and Sequences.Fiona Woollard - 2008 - Pacific Philosophical Quarterly 89 (2):261–277.
Doing, Allowing, and Precaution.Marion Hourdequin - 2007 - Environmental Ethics 29 (4):339-358.
The Moral Status of Enabling Harm.Samuel C. Rickless - 2011 - Pacific Philosophical Quarterly 92 (1):66-86.
Liberalism, State, and Community.Peter Simpson - 1994 - Critical Review 8 (2):159-173.
Added to PP index

Total downloads
364 ( #7,881 of 2,192,003 )

Recent downloads (6 months)
8 ( #23,960 of 2,192,003 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature