This chapter contains sections titled: Ways of Failing to Do Something Refraining Omitting Negative Acts: Inaction as Action? References.

This paper examines three views of what an omission or an instance of refraining is. The view advanced is that in many cases, an omission is simply an absence of an action of some type. However, generally one’s not doing a certain thing counts as an omission only if there is some norm, standard, or ideal that calls for one’s doing that thing.

A critical survey of the main philosophical theories about events and event talk, organized in three main sections: (i) Events and Other Categories (Events vs. Objects; Events vs. Facts; Events vs. Properties; Events vs. Times); (ii) Types of Events (Activities, Accomplishments, Achievements, and States; Static and Dynamic Events; Actions and Bodily Movements; Mental and Physical Events; Negative Events); (iii) Existence, Identity, and Indeterminacy.

We can see from the analysis set out here that the two accounts that were the focus of consideration are complementary to one another. It has been my contention that a problem like specifying a concept such as ‘refrain’ is highly complex. One part of it is the problem of determining the relation between the action (or event) and the result. Another part of the problem is that of describing the event itself; what kind of an event is it? These (...) two projects are related and so it is clear that the results must be consistent. However, it is equally clear that the definition which is useful for one project is not the same as that which is helpful for another. The point is that it should not be assumed that an account that initially looks incompatible with one's own must be refuted. It is sometimes better to consider what is needed for a complete account, and whether many different approaches may contribute pieces to the puzzle.We have here one puzzle piece: an analysis of refraining. It should not be assumed that we have thereby completed the puzzle of omission, but omission can be approached the same way; that is, by coordinating parallel projects.Accordingly, the first benefit of the present analysis is that it sets up an approach which is modular in nature. It allows for parallel projects to be pursued separately and coordinated. This kind of approach is sorely needed in this area to counter unproductive dispute.To see how such an approach can be applied to further problems profitably consider the following persistent controversy. Many philosophers are at odds over the importance of the notion of duty, or more informally, reasonable expectation in the understanding of refraining. A number of them (e.g., Hart and Honore, John Casey, and Phillipa Foot) hold that the determining feature for the ascription of responsibility to an agent for not doing something to prevent a harm (say, a death) is the presence of a duty or reasonable expectation that the agent do something about the situation. For example, John Casey holds, “If a man does not do x, we cannot properly say that his not doing x is the cause of some result y, unless in the normal course of events he could have been expected to do x.” Casey, Actions and Consequences (1978).Other philosophers object that a person can cause a result by refraining from (causally) preventing it, and that such an event can be explained without any reference to duty. These two views appear to conflict, but in fact they are both right (but both incomplete). The reason that the above statements are generally thought to constitute a disagreement is that ‘refrain’ is generally taken as the fundamental term of analysis for omissions. Thus, if Casey says, “If a man does not do x...” he is taken to mean “...if a man refrains from doing x...” But he need not mean that. He may mean to say only that the man failed to do x. See my analysis in “Contemplating Failure,” supra note 10. Failing to do something can be, and ordinarily is, thought of as stronger than simple nonaction. But it is much weaker than refraining. For one thing, it has no awareness requirement. Thus, an account like Casey's can explain the ascription of responsibility and the presence of an omission where Green's account (or the account offered here) cannot, and vice versa. Casey's view can explain why we hold (or at least that we hold) responsible the night watchman who forgets to check one of the windows, the bookkeeper who (accidentally) omits an entry in the accounts, or the private duty nurse who fails to prevent a death by falling asleep on the job. No refraining is present in any of these cases. Consequently, any thesis based on refraining alone cannot explain them. But in many cases refraining is precisely what is important, and Green (and others of the same persuasion) are correct to point out that no reference to duty is necessarily required to account for these cases. Analysis based on refraining best explains intentional or conscious omission. Analysis based on duty or reasonable expectation is the only way to explain unconscious omission. More often than not, both elements are present. A complete account of omission needs both. So here again, the better way to view these putatively competing accounts is as parallel projects which work toward a common, but complex end. The approach taken here allows for this kind of much needed coordination. The second benefit of the present analysis is that it clarifies and focuses on the significance of the mental element of refraining. Refraining is conscious omission. Consciousness and omission are its distinguishing features. The effects of seeing the concept this way are pervasive. Here is one example. If I refrain from reporting my full income to the IRS, I have committed fraud, and punitive or even criminal sanctions may be reasonable. If I fail to report my full income through ignorance or mistake (say, I misunderstood the instructions) correcting the error and requiring payment is reasonable, but certainly criminal sanction is not. This oversimplifies the distinction, but it illustrates the focus of my pursuit.With regard to positive actions, law and philosophy have long recognized this important distinction as manifested in the difference between negligence and intentional tort, or manslaughter and murder. Due (I think) to the extraordinary flexibility of language and the weakness and variability of social conventions regarding omissions, this distinction has not been clearly articulated. I think such an analysis is worth pursuing. The present account is one step in that pursuit. (shrink)

The characteristic asymmetry in intentionality attributions that is known as the Knobe effect can be explained by conjoining an orthodox theory of intentional action with a normative account of intentional omission. On the latter view: omissions presuppose some normative context; there are good reasons why the intentionality of omissions requires agents' knowledge rather than intention. The asymmetry in intentionality attributions in Knobe's cases can be seen to be derivative from an asymmetry in intentional omissions. The omissions account further explains the (...) Butler problem and some related puzzles. It also safeguards the simple view of intentional action from the asymmetry challenge. (shrink)

The author argues that there is no morally relevant distinction between letting and making death happen, and between withholding and withdrawing life-support. There is a discussion of possible adverse consequences in believing that there are moral distinctions. And then he shows that acknowledging the absence of such a distinction does not necessarily imply any endorsement of active euthanasia.

It is commonplace that negative duties are more stringent than positive duties. it is also commonplace that this distinction requires defense, in particular against those who regard it as a mere apology for the privileges of the wealthy and secure. i conclude, though real, the distinction between negative and positive duties is not as deep as some philosophers have supposed--that it makes best sense in terms of a deeper distinction between the intended and the foreseen consequences of our actions.