According to the classical Doctrine of Double Effect, there is a morally significant difference between intending harm and merely foreseeing harm. Versions of DDE have been defended in a variety of creative ways, but there is one difficulty, the so-called “closeness problem”, that continues to bedevil all of them. The problem is that an agent's intention can always be identified in such a fine-grained way as to eliminate an intention to harm from almost any situation, including those that have been (...) taken to be paradigmatic instances in which DDE applies to intended harm. In this paper, we consider and reject a number of recent attempts to solve the closeness problem. We argue that the failure of these proposals strongly suggests that the closeness problem is intractable, and that the distinction between intending harm and merely foreseeing harm is not morally significant. Further, we argue that there may be a deeper reason why such attempts must fail: the rationale that makes the best fit with DDE, namely, an imperative not to aim at evil, is itself irredeemably flawed. While we believe that these observations should lead us to abandon further attempts to solve the closeness problem for DDE, we also conclude by showing how a related principle that is supported by a distinct rationale and avoids facing the closeness problem altogether nevertheless shares with DDE its most important features, including an intuitive explanation of a number of cases and a commitment to the relevance of intentions. (shrink)

The Doctrine of Double Effect (DDE) is an influential non-consequentialist principle positing a role for intention in affecting the moral permissibility of some actions. In particular, the DDE focuses on the intend/foresee distinction, the core claim being that it is sometimes permissible to bring about as a foreseen but unintended side-effect of one’s action some harm it would have been impermissible to aim at as a means or as an end, all else being equal. This article explores the meaning and (...) application of the DDE along with current debates over the nature of the intend/foresee distinction and its moral significance. How is the line between intended effects and merely foreseen but unintended side-effects to be drawn, and how are problem cases best handled? What is an appropriate methodology for debating the tenability of the DDE? How might the DDE interact with other non-consequentialist principles, and how might it be modified to capture other related factors (resulting perhaps in a Doctrine of Triple Effect) or to avoid certain problem cases? Does the DDE make permissibility turn on the actual intentions of particular agents, as critics such as Thomson and Scanlon assume, or is the role of intention more abstract? (shrink)

This essay defends a version of the Doctrine of Double Effect (DDE) – the doctrine that there is normally a stronger reason against an act that has a bad state of affairs as one of its intended effects than against an otherwise similar act that has that bad state of affairs as an unintended effect. First, a precise account of this version of the DDE is given. Secondly, some suggestions are made about why we should believe the DDE, and about (...) why it is true. Finally, a solution is developed to the so-called ‘closeness problem’ that any version of the DDE must face. (shrink)

Some philosophers have argued that refraining from performing an action consists in actively keeping oneself from performing that action or preventing one’s performing it. Since activities must be held to be positive actions, this implies that negative actions are a species of positive actions which is to say that all actions are positive actions. I defend the following claims: (i) Positive actions necessarily include activity or effort, negative actions may require activity or effort, but never include the activity or effort (...) which may be required. (ii) Unless it is, or was, at some time in P’s power to Q, P does not refrain from Q-ing. (iii) Negative actions are actions , they are causings of negative facts. (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)

Stringent non-consequentialist constraints on permitting horrendous evils pose a formidable challenge to the project of theodicy by limiting the ways in which it is permissible for God to do or allow evil for the sake of bringing about a greater good. I formulate a general and potent argument against all greater-good theodicies from the existence of robust side constraints on permitting evil. Then I contend that the argument fails. I begin by distinguishing between side constraints on doing evil and side (...) constraints on allowing evil, and then I draw on the work of David Lewis and Fiona Woollard to argue that, because of the unique ways that God is related to the world, it is plausible that God can both create and sustain our universe, despite all of its evils, without violating any of these constraints. (shrink)

Many people presume that you can permissibly support the good features of a symbol, person, activity, or work of art while simultaneously denouncing its bad features. This chapter refines and assesses this commonsense (but undertheorized) moral justification for supporting problematic people, projects, and political symbols, and proposes an analogue of the Doctrine of Double Effect called the Doctrine of Double Endorsement (DDN). DDN proposes that when certain conditions are met, it is morally permissible to directly endorse some object in virtue (...) of its positive properties while standing against its negative properties, even though it would be morally impermissible to directly endorse those negative properties themselves. These conditions include separability (the good and bad features must not be inextricably linked), proportionality (the positive value of the good features must be significantly greater than the negative value of the bad features), and constrained choice (there must not be other things that the agent could endorse instead that share the same positive features but are not saddled with the negative ones). The chapter applies these constraints to a number of practical issues, including (among others) voting for morally troubling candidates, supporting Confederate monuments, and consuming sexist art. (shrink)

Dogged resistance to demanding moral views frequently takes the form of The Demandingness Objection. Premise (1): Moral view V demands too much of us. Premise (2): If a moral view demands too much of us, then it is mistaken. Conclusion: Therefore, moral view V is mistaken. Objections of this form harass major theories in normative ethics as well as prominent moral views in applied ethics and political philosophy. The present paper does the following: (i) it clarifies and distinguishes between various (...) demandingness objections in the philosophical literature, (ii) identifies a formidable and interesting form of the demandingness objection that targets a wide scope of moral views, and (iii) defuses this objection by developing a local skeptical argument from unreliability the form of which may, interestingly, be effectively deployed in other areas of philosophy. (shrink)

How should we deal with apparent causation involving events that have not happened when omissions are cited as causes or when something is said to prevent some event? Phil Dowe claims that causal statements about preventions and omissions are ‘quasi-causal' claims about what would have been a cause, if the omitted event had happened or been caused if the prevention had not occurred. However, one important theory of the logic of causal statements – Donald Davidson's – allows us to take (...) causal statements about omissions and preventions as direct causal statements about events that are counterfactually described. This analysis provides a basis for solving a number of puzzles about ‘negative' events. Any ‘intuition' of difference between causal statements employing such descriptions and others employing positive descriptions of events is also explained. With omissions, where this intuition has some basis, it is shown that nevertheless omissions do really cause outcomes. (shrink)

It has sometimes been suggested that people represent the structure of action in terms of an action tree. A question now arises about the relationship between this action tree representation and people’s moral judgments. A natural hypothesis would be that people first construct a representation of the action tree and then go on to use this representation in making moral judgments. The present paper argues for a more complex view. Specifically, the paper reports a series of experimental studies that appear (...) to show that people’s moral judgments can actually impact their representations of the action tree itself. (shrink)

It is argued that intentionally omitting requires having an intention with relevant content. And the intention must play a causal role with respect to one’s subsequent thought and conduct. Even if omissions cannot be caused, an account of intentional omission must be causal. There is a causal role for one’s reasons as well when one intentionally omits to do something.

I aim to show that (i) there are good ways to argue about what has intrinsic value; and (ii) good ethical arguments needn't make ethical assumptions. I support (i) and(ii) by rebutting direct attacks, by discussing nine plausible ways to argue about intrinsic value, and by arguing for pains intrinsic badness without making ethical assumptions. If (i) and (ii) are correct, then ethical theory has more resources than many philosophers have thought: empirical evidence, and evidence bearing on intrinsic value. With (...) more resources, we can hope to base all of our moral beliefs on evidence rather than on, say, emotion or mere intuition. (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)

The aim of this paper is to strengthen the point made by Horty about the relationship between reason holism and moral particularism. In the literature prima facie obligations have been considered as the only source of reason holism. I strengthen Horty’s point in two ways. First, I show that contrary-to-duties provide another independent support for reason holism. Next I outline a formal theory that is able to capture these two sources of holism. While in simple settings the proposed account coincides (...) with Horty’s one, this is not true in more complicated or “realistic” settings in which more than two norms collide. My chosen formalism is so-called input/output logic. A bottom-line example is introduced. It raises the issue of whether the conventional wisdom is right in assuming that normative reasons run parallel to epistemic ones. (shrink)

The thesis of this paper is that consequentialism does not work as a comprehensive theory of right action. This paper does not offer a typical refutation, in that I do not claim that consequentialism is self-contradictory. One can with perfect consistency claim that the good is prior to the right and that the right consists in maximizing the good. What I claim, however, is that it is senseless to make such a claim. In particular, I attempt to show that the (...) notion of what course of action maximizes the good has no content within a consequentialist framework. Since the problem that I identify rests with maximization, this refutation does not cut across the act/rule distinction. If rule consequentialism holds that there are occasions on which one should follow a rule rather than violate the rule in an optimific way, then it is not maximizing and my arguments do not apply; if not, then it collapses into act consequentialism. I have nothing to say about nonmaximizing forms of consequentialism.1 This refutation does, however, cut across the direct/indirect distinction.2 It makes no difference whether we take consequentialism as offering a principle of decision, or a standard of right. Presumably the former would be parasitic upon the latter for its legitimacy. (shrink)

ABSTRACT When applying moral principles to concrete cases, we assume a background shared understanding of the boundaries of the persons to whom the principles apply. In most contexts, this assumption is unproblematic. However, in end‐of‐life contexts, when patients are receiving ‘artificial’ life‐support, judgments about where a person's self begins and ends can become controversial. To illustrate this possibility, this paper presents a case in which a decision must be made whether to deactivate a patient's pacemaker as a means to hasten (...) his death. After discussing some common moral principles that are often applied to resolve ethical problems at the end of life and after explaining why they are of no help here, the paper argues that the correct analysis of this case, and of cases of this sort, turns on considerations that relate to the constitution of the self. These considerations, the paper further argues, sometimes resist resolution. The constitution of the self is fixed in large measure by our concepts and social conventions, and these do not always provide determinate grounds for delimiting the boundaries of the self. (shrink)

By focusing on the idea that agency involves causal sensitivity to reasons, Rowland Stout shows how agency is one of the most useful ways into the philosophy of mind: if one can understand what it is to be a free and rational agent, then one can understand what it is to be a conscious subject of experience. Some of the questions considered include: Is all action intentional action? Is intentional action characterized by its relation with possible justification? Do beliefs motivate (...) actions or do facts? What is the nature of the causal process of acting? Are intentions independent components in the explanation of action? (shrink)

Supporting the rational suicide of a patient with a terminal disease is opposed by a majority of German doctors, whereas assistance in such patients’ hastening their death by voluntarily stopping eating and drinking is predominantly judged to be acceptable. Are these two positions compatible? It is argued that the normative differentiation cannot be justified by the fact that the assistance in active suicide is itself active, whereas assistance in VSED is merely passive. Even in "letting die" a patient from hastening (...) death by refusing nutrition and hydration there is an active element in the doctor's/the palliative care team's assurance that they will provide palliative support in case of need. Nor can the difference in evaluation be justified by relevant differences in the causal situation. Enabling a patient to perform VSED and assisting a patient's active suicide under the same circumstances are, as far as causal relevance is concerned, on a par. This holds, at least, on a condition view of causality in the tradition of John Stuart Mill. Finally, the paper discusses whether there are other morally relevant dimensions by which actively and passively supporting a patient suicide under the relevant circumstances differ, again with a negative result. (shrink)

Risk decisions often appear unsatisfactory after a calamity has taken place. This holds even when they are products of systematic risk analysis. Yet, if relevant considerations available to be known pre-accident were adequately taken into account and safety measures implemented accordingly, nobody seems morally blameworthy. In this paper, I advance a two-way argument. Firstly, I show how analysis of post-accident apologizing sheds new light on vexed tensions in ethical assessment of risk impositions. This amounts to exposing conflicting moral intuitions in (...) risk decisions, discussing problematic tenets in risk analysis as well as outlining three lines of arguments that destabilize the very notion of correct risk analysis. The analysis indicates that bringing different discussions of moral blameworthiness together facilitates resolving the tensions. It also calls for further and early-on collaboration between risk theorists and ethicists in order to carry these insights to risk analysis. Secondly, I argue that analysis of risk decisions, in part, reveals a discrepancy between the definitional work done on apology and what is required by ethics. Virtually every suggestion for the gold standard for apology involves moral blameworthiness as a necessary condition. I highlight different kinds of cases in which nobody is culpable, but an apology can be morally fitting or required. It would be nonsensical to say that, in these cases, one ought to apologize, but in a disingenuous manner. (shrink)

With few exceptions, the literature on withdrawing and withholding life-saving treatment considers the bare fact of withdrawing or withholding to lack any ethical significance. If anything, the professional guidelines on this matter are even more uniform. However, while no small degree of progress has been made toward persuading healthcare professionals to withhold treatments that are unlikely to provide significant benefit, it is clear that a certain level of ambivalence remains with regard to withdrawing treatment. Given that the absence of clinical (...) benefit means treating patients is not only ethically questionable but also taxing on resources that could meet the needs of others, this ambivalence is troubling. Equally, the enduring ambivalence of professionals might be taken to indicate that the issue warrants further attention. In this paper, we review the academic literature on the ethical equivalence of withdrawing and withholding medical treatment. While we are not in outright disagreement with the arguments presented, we suggest that asserting theoretical and decontextualized claims about the ethical equivalence of withdrawing and withholding life-saving treatment does not fully illuminate the moral questions associated with the relevant clinical realities. We argue that what is required is a broader perspective, one rooted in an understanding that withdrawing and withholding life-saving treatment are different practices, the meanings of which are fully comprehensible only through an appreciation of their place within the practice of healthcare more generally. Such an account suggests that if one is to engage with the inappropriate protraction of life-saving treatment resulting from healthcare professionals’ disinclination to withdraw it, then the differences between these practices should be taken seriously. (shrink)

A recent administrative law decision in Victoria, Australia, applied double effect reasoning in a novel way. Double effect reasoning has hitherto been used to legitimate treatments which may shorten life but where the intent of treatment is pain relief. The situation reviewed by the Victorian tribunal went further, supporting actions where a doctor agrees to provide pentobarbitone to a patient at some time in the future if the patient feels at that time that his pain is unbearable and he wants (...) to end his life. The offer to provide the drug was described as a palliative treatment in that it gave reassurance and comfort to the patient. Double effect reasoning was extended in this instance to encompass potentially facilitating a patient’s death. This extension further muddies the murky double effect reasoning waters and creates another challenge to this concept. (shrink)

The dominant methodological assumptions in climate ethical debates are rational-individualistic. The aim of this paper is to examine whether the rational-individualistic methodological framework is compatible with a theory of moral responsibility for climate change. I employ three fitness criteria of moral agency: a normatively significant choice, sufficient knowledge and control. I demonstrate that the rational-individualistic methodology does not provide a framework in which rational agents meet the three criteria. I conclude that rational-individualistic agents are not fit to be held morally (...) responsible for climate change. The paper demonstrates that the dominant climate-ethical view rests on a methodology that does not allow for a conceptualisation of a moral agent of climate change. (shrink)

Few people doubt that severe poverty is a pressing moral issue. But what sorts of obligations, if any, do affluent people have toward the severely poor? If one accepts the idea that one has some obligations to the severely poor there still remains disagreement about the magnitude of this obligation and when it obtains. I consider Peter Singer's influential "shallow pond" argument, which holds that affluent people have greater obligations toward the severely poor than ordinary moral judgments suggest. Critics hold (...) that Singer's view is excessively demanding and therefore untenable. I thus turn to the parable of the Good Samaritan and Christian accounts of neighbor-love to help attenuate this criticism. Drawing from Christian conversations on neighbor-love, I attempt to demonstrate that accepting an obligation to assist does not necessarily result in one abandoning one's special relations, abnegating self-regard, or no longer pursuing other non-moral strivings. (shrink)

Much of Roman Catholic discussion concerning bioethical controversies, such as the surgical removal of a life-threatening cancerous uterus when the fetus is not viable, has focused on the employment of double-effect reasoning. While double-effect reasoning has been the subject of much debate, this paper argues first, that there is a distinction between the intended and the foreseen; second, that this distinction applies to the contrasted cases in such a way as to categorize foreseen but not intended consequences; and third, that (...) this intended/foreseen distinction has essential ethical significance. (shrink)

Psychiatric patients may try (or express a desire) to injure themselves in hospital in order to cope with overwhelming emotional pain. Some health care practitioners and patients propose allowing a controlled amount of self-injury to occur in inpatient facilities, so as to prevent escalation of distress. Is this approach an example of professional assistance with harm? Or, is the approach more likely to minimise harm, by ensuring safer self-injury? In this article, I argue that health care practitioners who use harm-minimisation (...) can be considered to be helping physical injury to occur, although they do not encourage the act. I consider why there are compelling reasons to believe that a patient who self-injures is not maximally autonomous in relation to that choice. However, I then move onto argue that allowing a degree of self-injury may enable engagement with psychotherapy (enhancing autonomy) and behavioural change. In these circumstances, allowing injury (with precautions) may not be harm, all things considered. (shrink)

Recent work by Ingmar Persson and Jason Hanna has posed an interesting new challenge for deontologists: How can they account for so-called cases of letting oneself do harm? In this article, I argue that cases of letting oneself do harm are structurally similar to real-world cases such as climate change, and that deontologists need an account of the moral status of these cases to provide moral guidance in real-world cases. I then explore different ways in which deontologists can solve this (...) challenge and argue that the most promising way to conceive of cases of letting oneself do harm is as nonstandard cases of allowing harm, supplemented with an additional argument for the moral relevance of one's own agency. The upshot is that cases of letting oneself do harm are both more theoretically challenging and practically important than has been acknowledged. (shrink)

It is wrong to force refugees to return to the countries they fled from. It is similarly wrong, many argue, to force migrants back to countries with life-threatening conditions. I argue that it is additionally wrong to help such refugees and migrants voluntarily return whilst failing to inform them of the risks. Drawing on existing data, and original data from East Africa, I describe distinct types of cases where such a wrong arises. In ‘Misinformation Cases’ officials tell refugees that it (...) is safe to return, when it is not, and refugees return who would have otherwise stayed. In ‘Omission Cases’ officials do not provide any information on countries of origin, and this omission causes refugees to repatriate. In ‘Relevancy Cases’ refugees are misinformed or uninformed, but would have returned even if better informed. In all of these cases, at least some state officials are blameworthy for their failure to inform refugees, and are engaging in a form of wrongful immigration control. (shrink)

Obgleich die Ausdrücke ‚moralische Pflicht’ und ‚moralische Verantwortung’ auf den ersten Blick nahezu austauschbar scheinen, ist in einigen Debatten dennoch fast ausschließlich von moralischer Verantwortung die Rede. Dies gilt insbesondere für die moralische Beurteilung von individuellen Handlungen in kollektiven Kontexten. Hier scheint die Rede von einer ‚kollektiven Verantwortung‘ besonders attraktiv zu sein. In diesem Aufsatz setze ich mich diesem Trend entgegen und argumentiere dafür, dem Pflichtbegriff in kollektiven Kontexten gegenüber dem Begriff der Verantwortung den Vorrang zu geben. Mein Fokus liegt (...) hierbei auf einer bestimmten Art von Handlungen in kollektiven Kontexten, nämlich auf Handlungen in sogenannten Aggregatkollektiven. Von Aggregatkollektiven verursachte Schäden sind häufig kumulative Schäden, bei denen die Handlungen der Mitglieder eines Aggregatkollektivs einzeln betrachtet keinen merklichen Unterschied für das Auftreten des Schadens machen. Die Rede von Verantwortung legt ein Haftbarkeitsmodell moralischer Verantwortung nahe, welches sich in Bezug auf Handlungen in Aggregatkollektiven als problematisch erweist. Ich zeige, dass Kants Konzeption unvollkommener Pflichten eine vielversprechende Alternative zu dem kausal gefärbten Begriff der moralischen Verantwortung darstellt. Durch den Spielraum, den unvollkommene Pflichten Akteuren lassen, bieten sie eine ähnliche Offenheit wie der Begriff der moralischen Verantwortung. Anders als die Zuschreibung von Verantwortung vermeidet die Rede von unvollkommenen Pflichten jedoch die in kollektiven Kontexten oft inadäquate und kontraproduktive Assoziation von Haftung und Schuld. (shrink)

Alon Harel defines extreme cases as those in which the only way to avert a destructive threat is to harm innocent people. He rejects traditional consequentialist and non-consequentialist approaches because of the type of reasoning they both employ. I interpret Harel as making two central objections to this form of reasoning. First, traditional approaches require comparisons to be made about the value of human life. Second, decisions in extreme cases, even if permissible, should not be made under the guidance of (...) rules. I argue that these objections, though prima facie plausible, are on reflection relatively weak, and I offer instead a more moderate argument that vindicates Harel’s general thesis that deliberation is morally relevant. More specifically, I argue that whether one acts on certain conditions affects both the moral permissibility of one’s actions and the duties owed by others. (shrink)

I attempt to describe the several costs that criminal theory would be forced to pay by adopting the view (currently fashionable among moral philosophers) that the intentions of the agent are irrelevant to determinations of whether his actions are permissible (or criminal).

Certain methods and weapons are traditionally considered to be?mala in se?, i.e. evil in themselves. Examples are mass rape campaigns and land mines. This article examines different interpretations of the principle that belligerents ought not to use such means. Some interpretations are reductionist in the sense that they see the principle as an instance of other principles regulating conduct in war, namely the principles of discrimination and proportionality. I suggest a horizontal and a vertical dimension of the latter. Resort to (...) violence can then be unjustified if the persons are not liable to be attacked because they bear no responsibility for the relevant threat, the amount of harm is disproportionate compared to what can be achieved by the resort to violent force, or the kind of harm is disproportionate by making individual persons suffer in ways that no one should have to endure. I defend the vertical dimension of proportionality as a key to understanding the principle of mala in se and consider whether it leads to an absolute prohibition against such means. (shrink)

This thesis will utilise the literature on the distinction between doing harm and allowing harm to develop a novel system of moral sequencing that can be applied to general moral problems to decide if, when, and how an agent should intervene to prevent harm from occurring to another agent. Off the back of this discussion, this thesis will offer a way of determining the responsibility of certain agents for their actions within a moral sequence. These motivations will be at the (...) centre of the discussions in this thesis and will be accomplished by ultimately updating the system of moral sequencing so that it makes sense of practical cases of inner-agent change, which itself provides a justification for intervening earlier, and potentially diminishing the responsibility for agents who have experienced an inner-agent change, in a moral sequence. (shrink)

T. M. Scanlon has argued that the intentions with which one acts, or more specifically, one’s reasons for acting, are non-derivatively irrelevant to the moral permissibility of one’s actions. According to one of his arguments in favor of that thesis, it can be permissible to act for one reason rather than another only if one can choose to act for a reason but, since that choice is impossible since believing as will is impossible, one can be permitted to act but (...) one cannot be permitted to act for a reason. This paper aims to show that that argument is unsound. It first argues that the assumption that choosing an action is necessary for it being an object of a moral duty or permission cannot be made consistent with Scanlon’s idea that the same does not hold for an action being an object of blame. It then argues that even if direct control over forming beliefs is impossible, it is not impossible to choose one’s reason for action and, therefore, to be permitted or forbidden to act for it. (shrink)

In contemplating any life and death moral dilemma, one is often struck by the possible importance of two distinctions; the distinction between killing and “letting die”, and the distinction between an intentional killing and an action aimed at some other outcome that causes death as a foreseen but unintended “side-effect”. Many feel intuitively that these distinctions are morally significant, but attempts to explain why this might be so have been unconvincing. In this paper, I explore the problem from an explicitly (...) consequentialist point of view. I first review and endorse the arguments that the distinctions cannot be drawn with perfect clarity, and that they do not have the kind of fundamental significance required to defend an absolute prohibition on killing. I go on to argue that the distinctions are nonetheless important. A complete consequentialist account of morality must include a consideration of our need and ability to construct and follow rules; our instincts about these rules; and the consequences that might follow if the agent breaks a good general rule, particularly if this involves acting contrary to moral instinct. With this perspective, I suggest that the distinctions between killing and letting die and between intending and foreseeing do have moral relevance, especially for those involved in the care of the sick and dying. (shrink)

In a recent contribution to this journal, Patrick Tully criticizes my view that the doctrine of double effect does not prohibit a pharmaceutical company from selling a drug that has potentially fatal side-effects and that does not treat a life-threatening condition. Tully alleges my account is too permissive and makes the doctrine irrelevant to decisions about selling harmful products. In the following paper, I respond to Tully’s objections and show that he misinterprets my position and misstates some elements of the (...) doctrine of double effect. I also show how the doctrine constrains some decisions about marketing drugs with potentially fatal side-effects. (shrink)

Many assume that the best, and perhaps only, way to address the so-called Problem of Evil is to claim that God does not do evil, but that God merely allows evil. This assumption depends on two claims: the doing-allowing distinction exists and the doing-allowing distinction is morally significant. In this paper I try to undermine both of these claims. Against I argue that some of the most influential analyses of the doing-allowing distinction face grave difficulties and that these difficulties are (...) only exacerbated when applied to God. Against I argue that broadly Kantian considerations give a better explanation of the moral differences in paradigm cases than the doing-allowing distinction and, when applied to God, effectively dissolve the moral significance of the doing-allowing distinction. The upshot of this is that those who claim God does evil are no worse off than those who claim God allows evil regarding the PoE. (shrink)

This paper is about the idea of a moral distinction between doing harm and allowing harm to occurr. It discusses, and developes a general argument against, the version of the distinction often described as counterfactual, which I characterize in terms of making a moral difference between different ways of causing harm (in contrast to, e.g., the version famously discussed by Jonathan Bennett). The gist of the argument is that all variants of this version of the doing-allowing idea would have to (...) make factors out of the agent's control into wrong-making characteristics and that, therefore, this version violates a plausible extension of the principle that 'ought' implies 'can'. (shrink)