Humanitarian interventions aim at saving human lives, but they also take human lives. The death of innocent people is an unintended but foreseen consequence of military actions. Can this be morally justified? Those who argue from a deontological perspective and give an affirmative answer to this question, point to the Principle of Double Effect (PDE). Others, also arguing from a deontological perspective, nevertheless reject the PDE and give a negative answer to the above question. In this paper I argue that (...) an adequate interpretation of the PDE brings these two positions closer together. A deontological (rather than the prevalent consequentialist) interpretation of the reference to proportionality within the PDE should bring even the proponents of the PDE to an approximately pacifist position. (shrink)

A comprehensive study of the ethics of killing in cases in which the metaphysical or moral status of the individual killed is uncertain or controversial. Among those beings whose status is questionable or marginal in this way are human embryos and fetuses, newborn infants, animals, anencephalic infants, human beings with severe congenital and cognitive impairments, and human beings who have become severely demented or irreversibly comatose. In an effort to understand the moral status of these beings, this book develops and (...) defends distinctive accounts of the nature of personal identity, the evaluation of death, and the wrongness of killing. The central metaphysical claim of the book is that we are neither nonmaterial souls nor human organisms but are instead embodied minds. In ethical theory, one of the central claims is that the morality of killing is not unitary; rather, the principles that determine the morality of killing in marginal cases are different from those that govern the killing of persons who are self‐conscious and rational. Another important theme is that killing in marginal cases should be evaluated in terms of the impact it would have on the victim at the time rather than on the value of the victim's life as a whole. What primarily matters is how killing would affect that which would be rational for the victim to care about at the time of death. By appealing to various foundational claims about identity, death, and the morality of killing, this book yields novel conclusions about such issues as abortion, prenatal injury, infanticide, the killing of animals, the significance of brain death, the termination of life support in cases of persistent vegetative state, the use of anencephalic infants as sources of organs for transplantation, euthanasia, assisted suicide, and advance directives in cases of dementia. In particular, the book defends the moral permissibility of abortion, infanticide, and euthanasia in certain cases and argues that brain death is not the appropriate criterion of death either for a person or a human organism. (shrink)

The Doctrine of Double Effect has been challenged by the claim that what an agent intends as a means may be limited to those effects that are precisely characterized by the descriptions under which the agent believes that they are minimally causally necessary for the production of other effects that the agent seeks to bring about. If based on so narrow a conception of an intended means, the traditional Doctrine of Double Effect becomes limitlessly permissive. In this paper I examine (...) and criticize Warren Quinn's attempt to reformulate the Doctrine in such a way that it retains its force and plausibility even if we accept the narrow conception of an intended means. Building on Quinn's insights, I conclude by offering a further version of the Doctrine that retains the virtues of Quinn's account but avoids the objections to it. I The key element in the Doctrine of Double Effect (DDE) is the claim that there is a stronger presumption against action that has harm to the innocent as an intended effect than there is against otherwise comparable action that causes the same amount of harm to the innocent as a foreseen but unintended effect. Since it is relatively uncontroversial that, except perhaps in cases involving desert, it is wrong to cause harm as an end in itself, the DDE is normally invoked to distinguish morally between harm that is intended as a means and harm that is considered a merely foreseen side-effect. (shrink)

I will introduce six constraints that should guide the formulation and use of DE. One goal in listing them is to engage in dialectical fair play by ruling out criticisms of the doctrine that are directed at misformulations of DE or that result from misapplications of it. Each of these constraints should be acceptable to any proponent of DE. Yet when these constraints on the application of DE are respected, it becomes clear that many of the examples provided as illustrations (...) of DE actually illustrate other, more interesting uses of the contrast between intention and foresight. (shrink)

Theoretical defenses of the principle of double effect (pde) due to Quinn, Nagel and Foot are claimed to face severe difficulties. But this leaves those of us who see something in the case-based support for the pde without a way of accounting for our judgments. This article proposes a novel principle it calls the mismatch principle, and argues that the mismatch principle does better than the pde at accounting for our judgments about cases and is also theoretically defensible. However, where (...) the pde makes claims about the permissibility of actions, the mismatch principle makes claims only about the evaluation of agents; and where the pde explains the cases in terms of intending harm, the mismatch principle explains them in terms of a quite different feature of the agent's will. (shrink)

Manuel Velasquez and F. Neil Brady apply the doctrine of double effect to business ethics and conclude that the doctrine allows a pharmaceutical company to sell a drug with potentially fatal side effects only if it also has the good effect of saving lives. This forbidsthe sale of many common products, such as automobiles and alcohol. My account preserves the virtues of the doctrine of double effectwithout making it too restrictive. I apply the doctrine to a pharmaceutical company’s decision to (...) market a drug with dangerous side effects and argue that free markets often offer the best way to compare the good and bad effects of business decisions. I conclude that the doctrine does allow a business to sell a potentially fatal product that does not save lives, provided that it warns consumers about the danger. (shrink)

I defend the doctrine of double effect and a so-called ‘strict’ definition of intention: A intends an effect if and only if A has it as an end or believes that it is a state of affairs in the causal sequence that will result in A's end. Following Kamm's proposed ‘doctrine of triple effect’, I distinguish an intended effect from an effect that motivates an action, and show that this distinction is morally significant. I use several contrived cases as illustrations, (...) but my position does not depend on intuitive judgements about them. Instead, it follows from the view that the moral permissibility of an action depends at least partly on how it forms the agent's character. I also respond to some objections presented by Harris, Bennett, McIntyre, Thomson and Scanlon to the doctrine of double effect. (shrink)

Recent discussions of the doctrine of double effect have contained improved versions of the doctrine not subject to some of the difficulties of earlier versions. There is no longer one doctrine of double effect. This essay evaluates four versions of the doctrine: two formulations of the traditional Catholic doctrine, Joseph Boyle's revision of that doctrine, and Warren Quinn's version of the doctrine. I conclude that all of these versions are flawed. Keywords: double effect, intention, Joseph Boyle, medical ethics, Warren Quinn (...) CiteULike Connotea Del.icio.us What's this? (shrink)

The doctrine of double effect has a firm, respected position within Roman Catholic medical ethics. In addition, public debate often incorporates this doctrine when determining the acceptability of certain actions. This essay examines and assesses the application of this doctrine to end-of-life decisions. National Catholic Bioethics Quarterly 11.1 (Spring 2011): 99–119.

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (shrink)

In recent work, T.M. Scanlon has unsuccessfully challenged the doctrine of double effect (DDE). First, comparing actions reflecting faulty moral deliberations and involving merely foreseen harm with actions reflecting less faulty moral deliberations involving intended harm suggests that proponents of DDE do not confuse the critical and the deliberative uses of moral principles. Second, Scanlon submits that it is odd to say to a deliberating agent that the permissibility of the actions she ponders depends on the intention with which she (...) will act. I argue that this can be explained without appeal to the claim that intentions are irrelevant to permissibility. (shrink)

It is widely believed that the primary function of folk psychology lies in the prediction, explanation and control of behavior. A question arises, however, as to whether folk psychology has also been shaped in fundamental ways by the various other roles it plays in people’s lives. Here I approach that question by considering one particular aspect of folk psychology – the distinction between intentional and unintentional behaviors. The aim is to determine whether this distinction is best understood as a tool (...) used in prediction, explanation and control or whether it has been shaped in fundamental ways by some other aspect of its use. (shrink)

There has been a long-standing dispute in the philosophical literature about the conditions under which a behavior counts as 'intentional.' Much of the debate turns on questions about the use of certain words and phrases in ordinary language. The present paper investigates these questions empirically, using experimental techniques to investigate people's use of the relevant words and phrases. g.

In a recent edition of the journal Philosophy, Sophie Botros asserts that modern ethical theorists have badly misunderstood the role of the Doctrine of Double Effect, turning it into a device by which to prohibit actions which are deemed impermissible; whereas the true function of the Doctrine is rather one of justifying actions. In my reply, I argue that Dr Botros has misunderstood the Doctrine: that its ‘prohibitive’ and its ‘justificatory’ roles are merely two sides of the same coin, since (...) its function is to decide for a given action whether it is permissible or impermissible. Furthermore, Dr Botros has misconstrued the essential contribution of the DDE is not the balancing of good results against bad ones, but the quite different position that the crucial moral distinction is between intended and merely foreseen results. (shrink)

Frances Kamm sets out to draw and make plausible distinctions that would show how and why it is, in some circumstances, permissible to kill some to save many more, but is not so in others. To do so she draws on a famous, and famously artificial, example of Judith Thomson, which illustrates the fact that people intutitively reject some instances of such killings but not others. The irrationality, implausibility and in many cases the self-defeating nature of such distinctions I had (...) attempted to expose in my 'The Survival Lottery' over 25 years ago. I still think these distinctions irrational and implausible and I will try, in this response, to show why this remains the case and why doctrines of additional effects, to however many powers they are taken, remain unhelpful in ethics. (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)

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)

Most people believe that there are limits to the sacrifices that morality can demand. Although it would often be meritorious, we are not, in fact, morally required to do all that we can to promote overall good. What's more, most people also believe that certain types of acts are simply forbidden, morally off limits, even when necessary for promoting the overall good. In this provocative analysis Kagan maintains that despite the intuitive appeal of these views, they cannot be adequately defended. (...) In criticizing arguments for limited moral requirements as well as those for unconditionally prohibited acts, Kagan offers a sustained attack on two of the most basic features of ordinary common sense morality. (shrink)

ABSTRACT William Cooney has recently argued (The Journal of Applied Philosophy, Vol. 6, pp. 201–204) that the social programme of affirmative action, though controversial, can be supported by the doctrine of double effect in that, according to the doctrine, responsibility falls on the side of intended consequences and not on that of unintended consequences. The point of affirmative action is to include certain disadvantaged groups; it is not to exclude other groups, though this is an inevitable and foreseeable by‐product. In (...) this article I contend that Cooney's argument ignores two important conditions of the doctrine of double effect; namely, that the good which results from the intended effect must be at least commensurate with the harm that results from the unintended effect; and, that the intended good effect is causally separate from the unintended harmful effect. Any use of the doctrine which neglects these conditions leads to morally problematic cases. Further, once we take the conditions into account, we have good reason to think that the doctrine of double effect has no relevance to the affirmative action debate. (shrink)

Defenders of categorically exceptionless rights sometimes rely on a principle of double effect to maintain their position. But critics of a principle of double effect charge that it admits sophistical solutions to many moral dilemmas. I try to meet this criticism (1) by offering a more precisely formulated principle of double effect than its critics usually consider and (2) by showing that this formulation need not lead to sophistical normative judgments. In sketching my tentative defense of a principle of double (...) effect I indicate the importance of a carefully worked out theory of act individuation. (shrink)

My interest is in two of the four conditions which must be satisfied if the doctrine of double effect is to be successfully employed. One of these involves the distinction between direct and oblique intention, And I deny that this distinction is the index of character or goodness adherents to the doctrine take it to be. Rather, I emphasize the notion of "control responsibility", In considering several cases around which discussion of the doctrine has focused. I develop this notion, In (...) the course of rejecting several attempts to render it superfluous, And then sustain it, In the face of a possible rival. Finally, I consider a second condition of the doctrine, One which turns upon the view that the order of causation between an evil and a good effect of an act is morally significant, And I suggest that this view is mistaken. (shrink)

Baedeker -- Independence. Truth in morals -- External skepticism -- Morals and causes -- Internal skepticism -- Interpretation. Moral responsibility -- Interpretation in general -- Conceptual interpretation -- Ethics. Dignity -- Free will and responsibility -- Morality. From dignity to morality -- Aid -- Harm -- Obligations -- Politics. Political rights and concepts -- Equality -- Liberty -- Democracy -- Law -- Epilogue. Dignity indivisible.

I discuss a significant distinction between two different applications of the principle of double effect. It serves sometimes to distinguish the intended effects of an action from side-Effects which are "relevant" to it, As providing reasons against it, For which the agent must admit responsibility, And of which he is the intentional agent; and sometimes to distinguish intended effects from side-Effects which are "irrelevant" to the action, As to which the agent denies responsibility and intentional agency.

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)

The majority of embryos created in natural reproduction die spontaneously within a few weeks of conception. Some have argued that, therefore, if one believes the embryo is a person (in the normative sense) one should find ‘natural’ reproduction morally problematic. An extension of this argument holds that, if one accepts embryo deaths in natural reproduction, consistency requires that one also accepts embryo deaths that occur in (i) assisted reproduction via in vitro fertilisation (IVF) and (ii) embryo research. In a recent (...) paper in this journal, Timothy Murphy criticises both the initial argument and its extension. Murphy argues that double-effect reasoning can justify embryo deaths both in natural reproduction and IVF, but not in embryo research. Thus, according to Murphy, one can, without being inconsistent, (1) believe the embryo is a person and accept natural reproduction and IVF, and (2) accept natural reproduction and IVF, while rejecting embryo research on the ground that it involves embryo deaths. I show that Murphy's argument is problematic because double effect cannot justify embryo deaths in standard IVF practices. The problem is that the proportionality criterion of double effect is not met by such practices. Thus, Murphy's argument fails to support (1) and (2). An implication of his argument failing to support (2) is that it does not defeat the position I have defended in the past—that if one accepts standard IVF practices one should also accept embryo research, including research with embryos created solely for that purpose. (shrink)

Against the domination of moral deliberation by rights-talk In Defence of War asserts that belligerency can be morally justified, even while it is tragic and morally flawed. Recovering the early Christian tradition of just war thinking, Nigel Biggar argues in favour of aggressive war in punishment of grave injustice.

T. A. Cavanaugh defends double-effect reasoning, also known as the principle of double effect. DER plays a role in anti-consequentialist ethics, in hard cases in which one cannot realize a good without also causing a foreseen, but not intended, bad effect. 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, and moral theology. It will also interest legal and public policy scholars.

Applied Ethics focuses the central concepts of traditional morality from the companion book Moral Theory - rights, justice, the good, virtue, and the fundamental value of human life - on a number of pressing contemporary problems, including abortion, euthanasia, animals, capital punishment, and war.

Many philosophers think that if you're morally responsible for a state of affairs, you must be a cause of it. Ingmar Persson argues that this strand of common sense morality is asymmetrical, in that it features the act-omission doctrine, according to which there are stronger reasons against performing some harmful actions than in favour of performing any beneficial actions. He analyses the act-omission doctrine as consisting in a theory of negative rights, according to which there are rights not to have (...) one's life, body, and property interfered with, and a conception of responsibility as being based on causality. This conception of responsibility is also found to be involved in the doctrine of double effect. The outcome of Persson's critical examination of these ideas is that reasons of rights are replaced by reasons of beneficence, and we are made responsible for what is under the influence of our practical reasons. The argument gives rise to a symmetrical, consequentialist morality which is more demanding but less authoritative than common sense morality, because reasons of beneficence are weaker than reasons of rights. It is also argued that there are no non-naturalist external practical reasons, and all practical reasons are desire-dependent: so practical reasons cannot be universally binding. The question is whether such a morality possesses enough authority to command our compliance. This seems necessary in order for us to cope with the greatest moral problems of our time, such as aid to developing countries and anthropogenic climate change. (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 this book Uwe Steinhoff describes and explains the basic tenets of just war theory and gives a precise, succinct and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain in effect medieval assumptions of traditional just war theory and advancing a liberal outlook, Steinhoff argues that every single individual is a legitimate authority and has under certain circumstances the right to declare war on others or the state. He (...) also argues that the just cause cannot be established independently of the other criteria of jus ad bellum (the justification of entering a war), except for right intention, which he interprets more leniently than the tradition does. Turning to jus in bello (which governs the conduct of a war) he criticizes the Doctrine of Double Effect and concludes that insofar as wars kill innocents, and be it as "collateral damage", they cannot be just but at best justified as the lesser evil. Steinhoff gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference he argues that the four principles underlying them all need to be taken into account and outlines how their weighing can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians, which has extremely important consequences for the conduct of war. Finally, Steinhoff analyses the concept of terrorism and argues that some forms of "terrorism" are actually not terrorism at all and that even terrorism proper can under certain circumstances be justified. (shrink)

According to the "sanctity-of-life" view, all human lives are equally valuable and inviolable, and it would be wrong to base life-and-death medical decisions on the quality of the patient's life. Examining the ideas and assumptions behind the sanctity-of-life view, Kuhse argues against the traditional view that allowing someone to die is morally different from killing, and shows that quality-of-life judgments are ubiquitous. Refuting the sanctity-of-life view, she provides a sketch of a quality-of-life ethics based on the belief that there is (...) a profound difference between merely being alive and life being in the patient's interest. (shrink)

_Ethics: The Fundamentals_ explores core ideas and arguments in moral theory by introducing students to different philosophical approaches to ethics, including virtue ethics, Kantian ethics, divine command theory, and feminist ethics. The first volume in the new Fundamentals of Philosophy series. Presents lively, real-world examples and thoughtful discussion of key moral philosophers and their ideas. Constitutes an excellent resource for readers coming to the subject of ethics for the first time.

1. The traditional position and the pressures for change. The Western legal tradition -- The Christian ethical hinterland -- The exceptional value of human life -- The justification of taking human life -- Suicide -- Christian ethics, assisted suicide, and voluntary euthanasia -- The cultural pressures for change -- 2. The value of human life -- 3. The morality of acts of killing -- 4. Slippery slopes.

Stable URL: http://links.jstor.org/sici?sici=0048-3915%28198923%2918%3A4%3C334%3AAIACTD%3E2.0.CO%3B2-P..