Criminal Law and Philosophy 10 (4):849-863 (2016)

Authors
S. Matthew Liao
New York University
Abstract
A major challenge to the Doctrine of Double Effect is the concern that an agent’s intention can be identified in such a fine-grained way as to eliminate an intention to harm from a putative example of an intended harm, and yet, the resulting case appears to be a case of impermissibility. This is the so-called “closeness problem.” Many people believe that one can address the closeness problem by adopting Warren Quinn’s version of the DDE, call it DDE*, which distinguishes between harmful direct agency and harmful indirect agency. In this paper, I first argue that Quinn’s DDE* is just as vulnerable to the closeness problem as the DDE is. Second, some might think that what we should therefore do is give up on intentions altogether and move towards some kind of non-state-of-mind, victim-based deontology. I shall argue against this move and explain why intentions are indispensable to an adequate nonconsequentialist theory. Finally, I shall propose a new way of answering the closeness problem.
Keywords Doctrine of Double Effect  Closeness problem  Warren Quinn  Frances Kamm  Victim-based deontology  Intentions and permissibility
Categories (categorize this paper)
ISBN(s)
DOI 10.1007/s11572-014-9344-z
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 53,719
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Moral Dimensions: Permissibility, Meaning, Blame.Thomas Scanlon - 2008 - Belknap Press of Harvard University Press.

View all 16 references / Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Four Versions of Double Effect.Donald B. Marquis - 1991 - Journal of Medicine and Philosophy 16 (5):515-544.
Defending Double Effect.Ralph Wedgwood - 2011 - Ratio 24 (4):384-401.
Three Cheers for Double Effect.Dana Kay Nelkin & Samuel C. Rickless - 2014 - Philosophy and Phenomenological Research 89 (1):125-158.
Deconstructing the Doctrine of Double Effect.Richard Hull - 2000 - Ethical Theory and Moral Practice 3 (2):195-207.
Intentions, Motives and the Doctrine of Double Effect.Lawrence Masek - 2010 - Philosophical Quarterly 60 (240):567-585.
Revising the Doctrine of Double Effect.Jeff McMahan - 1994 - Journal of Applied Philosophy 11 (2):201-212.
Scanlon on Permissibility and Double Effect.Jakob Elster - 2012 - Journal of Moral Philosophy 9 (1):75-102.
A Problem for the Doctrine of Double Effect.Sophia Reibetanz - 1998 - Proceedings of the Aristotelian Society 98 (2):217–223.

Analytics

Added to PP index
2014-11-18

Total views
86 ( #110,711 of 2,349,846 )

Recent downloads (6 months)
3 ( #239,783 of 2,349,846 )

How can I increase my downloads?

Downloads

My notes