In this article I attempt to show conclusively that the apparent intrinsic difference between causing collateral damage and directly attacking innocents is an illusion. I show how eleven morally irrelevant alterations can transform an apparently permissible case of harming as a side-effect into an apparently impermissible case of harming as a means. The alterations are as obviously irrelevant as the victims’ skin colour, and consistently treating them as relevant would have unacceptable implications for choices between more and less harmful ways (...) of securing greater goods. This shows not only how the principles philosophers have proposed for distinguishing between these cases cannot withstand scrutiny, but how we can be sure that there are no relevant differences yet to be discovered. I conclude by considering reasons to think that there are deontological constraints against harming, but that they apply just as forcefully against collateral harms as they do against intended harms. (shrink)

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but may (...) be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...) version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation. (shrink)

The principle of the double effect is one of the most practical in the study of moral theology. As a principle it is important not so much in purely theoretical matters as in the application of theory to practical cases. It is especially necessary in the subject matter of scandal, material cooperation, illicit pleasure and of injury done to oneself or to another. Although it is a fundamental principle, it is far from a simple one; and moralists readily admit its (...) complexity. Moreover, it is not an inflexible rule or mathematical formula, but rather an efficient guide to prudent moral judgment in solving the more difficult cases. (shrink)

In this major new book, the internationally renowned thinker Jonathan Bennett offers a deeper understanding of what is going on in our own moral thoughts about human behavior. The Act Itself presents a conceptual analysis of descriptions of behavior on which we base our moral judgements, and shows that this analysis can be used as a means toward getting more control of our thoughts and thus of our lives.

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

Philosophers from Hart to Lewis, Johnston and Bennett have expressed various degrees of reservation concerning the doctrine of double effect. A common concern is that, with regard to many activities that double effect is traditionally thought to prohibit, what might at first look to be a directly intended bad effect is really, on closer examination, a directly intended neutral effect that is closely connected to a foreseen bad effect. This essay examines the extent to which the commonsense concept of intention (...) supports a reasonably consistent and coherent application of double effect. Two important conclusions are these: (1) a number of traditionally proscribed activities involve a kind of “targeting” of innocents that can be taken to exhibit a direct intention to harm them; (2) a direct intention to harm need not involve a desire to harm in any ordinary sense of the latter expression. (shrink)

In an earlier article, I introduced the “restricting claims principle” to explain what is right about the means principle: the idea that it is harder to justify causing or allowing someone to suffer harm if using him as a means than if causing or allowing harm as a side effect. The RCP appeals to the idea that claims not to be harmed as a side effect push to restrict an agent from doing what she would otherwise be free to do (...) for herself or others, given an appropriate account of her baseline freedom. Claims not to be harmed as a means are not in that way ‘‘restricting.’’ The original RCP relied on a counterfactual account of the agent’s baseline freedom: What could the agent permissibly do if the patient were not present? I argue here that that counterfactual baseline fails. The revised RCP relies instead on a ‘‘toolkit baseline’’: Do the patient claims concern the property the agent needs to use? This toolkit baseline reflects the different ways that agents relate to others: as fellow agents with whom they divide up the resources of the world, and as patients who might be affected by their actions. The toolkit baseline, resting on this agent-patient divide, provides a superior account of an agent’s baseline freedom, and a better account of the moral ground for the means principle. (shrink)

A robust, if not absolute, prohibition on treating people merely as a means seems to sit at the core of common sense deontological morality. But the principle prohibiting such treatment, the ‘means principle’ (MP), has been notoriously hard to defend: both the subjective, intention-focused and the objective, causal-role-focused interpretations of what it means to use someone as a means face potent objections. In this paper, my goal is not to defend the MP, but to articulate and defend a new principle, (...) which I call the Restricting Claims Principle (RCP), that explains why a person’s causal role is morally significant. The RCP broadens the basic frame of relevant considerations from the MP’s concern with the dyadic relationship between agent and patient to a global balance of patient-claims on an agent. It distinguishes two kinds of patient-claims that weigh in that balance: restricting and non-restricting. In most cases, these can be distinguished as follows: Restricting claims, if respected as rights, would restrict an agent from doing what she could otherwise permissibly do if the claimant (or his property) were absent; non-restricting claims, if respected as rights, would not in that way restrict an agent. Only restricting claims press to make others worse off than if the claimant were absent. The RCP holds that restricting claims must therefore be substantially weaker than non-restricting ones. The claims of those who would be used as a means are non-restricting, while the claims of those who would be harmed as a side effect are restricting. Thus the RCP can account for the same cases (mostly) as the MP, without having to rely on the MP to do so. (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 the Trolley Case (Figure 1), as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley (i.e. tram) is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

The constraint against harming people in order to save yourself and others seems stronger than the constraint against harming people as a consequence of saving yourself and others. The reduced constraint against acting in one type of case is often justified with reference to the intentions of the agent or to the fact that she does not use the people she harms as a means. In this article I offer a victim-centered account. I argue that the circumstances in which the (...) people to be harmed find themselves are significant in distinguishing morally between two instances of harming. (shrink)

Many people believe in the intention principle, according to which an agent’s intention in performing an act can sometimes make an act that would otherwise have been permissible impermissible, other things being equal. Judith Jarvis Thomson, Frances Kamm and Thomas Scanlon have offered cases that seem to show that it can be permissible for an agent to act even when the agent has bad intentions. If valid, these cases would seem to cast doubt on the intention principle. In this paper, (...) I point out that these cases have confounding factors that have received little attention in the literature. I argue that these confounding factors undermine the putative force of these cases against the intention principle. Indeed, when cases without these confounding factors are considered, it becomes clear, so I argue, that intentions can be relevant for the permissibility of an act. (shrink)

Most people believe that it is permissible to kill a nonresponsible threat, or someone who threatens one's life without exercising agency. Defenders of this view must show that there is a morally relevant difference between nonresponsible threats and innocent bystanders. Some philosophers, including Jonathan Quong and Helen Frowe, have attempted to do this by arguing that one who kills a bystander takes advantage of another person, while one who kills a threat does not. In this paper, I show that the (...) proposals offered by Quong and Frowe have unacceptable implications. I then argue that those who claim that nonresponsible threats may be killed face a dilemma generated by the possibility of a stationary threat, or someone who endangers another person's life without moving. Unless we arbitrarily distinguish between stationary and moving nonresponsible threats, it is unclear how the permission to kill nonresponsible threats is to be explicated. I conclude that nonresponsible threats are not legitimate targets of self-defence. (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)

T. A. Cavanaugh defends double-effect reasoning (DER), also known as the principle of double effect. DER plays a role in anti-consequentialist ethics (such as deontology), in hard cases in which one cannot realize a good without also causing a foreseen, but not intended, bad effect (for example, killing non-combatants when bombing a military target). 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 (especially medical and military), and moral theology. It will also interest legal and public policy scholars. (shrink)

American criminal law is committed to some version of the doctrine of double effect. In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular feature of (...) the former in virtue of which it is pro tanto more culpable than the latter. Providing an agent-centered argument of this kind for a culpability version of DDE, I argue, is an especially attractive route to take for those who are interested in vindicating the way the criminal law actually encodes DDE. (shrink)

There has been a great deal of philosophical discussion about using people, using people intentionally, using people as a means to some end, and using people merely as a means to some end. In this paper, I defend the following claim about using people: NOT ALWAYS WRONG: using people—even merely as a means—is not always morally objectionable. Having defended that claim, I suggest that the following claim is also correct: NO ONE FEATURE: when it is morally objectionable to use people, (...) this is for many different kinds of reasons—there is no one wrong-making feature that every morally objectionable using has in common. After discussing these claims, I use them to present and motivate what I call the “precaution” theory of norms against using people. I conclude by considering a few cases from the criminal law context—cases that are naturally described as using people—to assess the moral appropriateness of this kind of use in these cases, and to demonstrate how the theory applies to the real world. (shrink)

In recent years, a number of philosophers have conducted empirical studies that survey people's intuitions about various subject matters in philosophy. Some have found that intuitions vary accordingly to seemingly irrelevant facts: facts about who is considering the hypothetical case, the presence or absence of certain kinds of content, or the context in which the hypothetical case is being considered. Our research applies this experimental philosophical methodology to Judith Jarvis Thomson's famous Loop Case, which she used to call into question (...) the validity of the intuitively plausible Doctrine of Double Effect. We found that intuitions about the Loop Case vary according to the context in which the case is considered. We contend that this undermines the supposed evidential status of intuitions about the Loop Case. We conclude by considering the implications of our findings for philosophers who rely on the Loop Case to make philosophical arguments and for philosophers who use intuitions in general. (shrink)

In the Trolley Case (Figure 1), as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley (i.e. tram) is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

Arguing against the doctrine of double effect, Bennett claims that the terror bomber only intends to make his victims appear dead. An obvious reply is that he intends to make them appear dead by killing them. I argue that the alleged refutations of this reply rest on a mistaken test question to determine what an agent intends, as Bennett's own test question confirms, and that Bennett is misled by confusing metaphorical death and literal death. Moreover, Bennett's argument is half-hearted anyway, (...) and going the whole way would not only undermine the DDE but also Quinn's revision of it. (shrink)

The mere means principle says it is impermissible to treat someone as merely a means to someone else’s ends. I specify this principle with two conditions: a victim is used as merely a means if the victim does not want the treatment by the agent and the agent wants the presence of the victim’s body. This principle is a specification of the doctrine of double effect which is compatible with moral intuitions and with a restricted kind of libertarianism. An extension (...) of this mere means principle, where not only using but also considering someone as merely a means is immoral, can explain and unify other deontological principles: doing versus allowing, partiality in imperfect duties of beneficence, and the asymmetry of procreational duties. A loop trolley dilemma is often presented as a counterexample of the mere means principle, but I argue that this dilemma generates a moral illusion, comparable to perceptual illusions. (shrink)

The doctrine of double effect is a moral principle that distinguishes between harm we cause as a means to an end and harm that we cause as a side-effect. As a purely descriptive matter, the DDE is well established that it describes a consistent feature of human moral judgment. There are, however, several rival theories of its psychological cause. I review these theories and consider their advantages and disadvantages. Critically, most extant psychological theories of the DDE regard it as an (...) accidental byproduct of cognitive architecture. This may provide philosophers with some reason to question its normative significance. (shrink)

According to the Principle of Double Effect (PDE), there are conditions under which it would be morally justifiable to cause some harm as a foreseen side-effect of one's action even though it would not be justifiable to form and execute the intention of causing the same harm. If we take the kind of justification in question to be that of moral permissibility, this principle correctly maps common intuitions about when it would be permissible to act in certain ways. T.M. Scanlon (...) argues that the PDE so interpreted is problematic, as it returns implausible verdicts in other scenarios. Scanlon is unable to account for the common pattern of moral reasoning that we employ in the relevant cases. I argue that we can account for this pattern while avoiding implausible verdicts if we interpret the PDE as a principle about when it is licit to inflict harm rather than when it is permissible to do so, and if we connect the concept of the licit with that of the permissible in the right way. (shrink)

It is widely held by moral philosophers that J.J. Thomson’s “Loop Variant,” a version of the Trolley Problem first presented by her in 1985, decisively refutes the Doctrine of Double Effect as the right explanation of our moral intuitions in the various trolley-type cases.See Bruers and Brackman, “A Review and Systematization of the Trolley Problem,” Philosophia 42:2 : 251–269; T. Scanlon, Moral Dimensions: Permissibility, Meaning, Blame ; Peter Singer, “Ethics and Intuitions,” Journal of Ethics 9:314 : 331–352, p. 340; Matthew (...) Liao, “The Loop Case and Kamm’s Doctrine of Triple Effect,” Philosophical Studies 146:2 : 223–231; H. Sauer, “Morally Irrelevant Factors: What’s Left of the Dual Process Model of Moral Cognition?,” Philosophical Psychology 25:6 : 783–811, p. 797. Frances Kamm suggests the DDE can be saved from the objection, but only by radically revising it into a doctrine of “Triple Effect” (In .. (shrink)

Jonathan Quong Ethics, 119, 507–537 has recently argued that the permissibility of killing innocent threats turns on a distinction between eliminative and opportunistic agency. When we kill bystanders we view them under the guise of opportunism by using them as mere survival tools, but when we kill threats we simply eliminate them. According to Quong, the distinction between opportunistic and eliminative agency reveals that there are two different ways of killing someone as a means to save your own life. Call (...) this the Means Distinction. In this note, I argue that although the Means Distinction seems prima facie plausible it is not a sufficient explanation for the permissibility of killing threats. My argument against the Means Distinction is two-fold. Most non-consequentialists accept that the Means Distinction carries some moral significance, but I argue that this is a mistake: we do not have any reason to believe that opportunistic killings are, in general, worse than eliminative killings. Following this, I argue that even if we accept the Means Distinction, there are threat-type scenarios in which there is no intuitive difference between killing a threat opportunistically and killing a threat eliminatively. (shrink)

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)

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)

I focus on the question as to what rationale could possibly underlie the doctrine of double effect or related principles. I first briefly review the correct critiques of the claim that people who intend some evil as a means to a good must be “guided by evil,” and that this is allegedly always wrong. I then argue that Quinn’s claim that violations of the DDE express certain negative attitudes of the agent and that agents violating the DDE must make an (...) additional morally problematic presumption regarding their victims is mistaken. Tadros claims that an agent violating the means principle must force his victims to adopt his goals. I demonstrate that the difference Tadros tries to construe between an agent inflicting intended harm and an agent inflicting merely foreseen harm is non-existent. Sarch’s official rationale for the DDE also fails to distinguish harming as a means from side-effect harming, and reformulations of his rationale that suggest themselves run into severe problems. Walen’s defense of the means principle in terms of the “restricting claims principle” and Øverland’s appeal to “moral obstacles” are susceptible to counter-examples and appear to be question-begging. Recently, Walen has offered a revised formulation of his Restricting Claims Principle, claiming that it overcomes counter-examples and explains the means principle. I will argue that it contradicts the means principle and does not overcome the counter-examples. Thus I conclude that so far we are still left without a reasonable rationale for the DDE or related principles. (shrink)

The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...) version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation. (shrink)

THOMAS A. CAVANAUGH Oxford: Oxford University Press, 2006, 256 pp., ISBN 0 199 27219 0 Thomas Cavanaugh has written a fine book and the problem he is struggling with ought to be of great concern to...

In his book Moral Dimensions. Permissibility, Meaning, Blame , T.M. Scanlon proposes a new account of permissibility, and argues, against the doctrine of double effect (DDE), that intentions do not matter for permissibility. I argue that Scanlon's account of permissibility as based on what the agent should have known at the time of action does not sufficiently take into account Scanlon's own emphasis on permissibility as a question for the deliberating agent. A proper account of permissibility, based on the agent's (...) actual beliefs, will allow us to revise the principle Scanlon proposes for regulating the use of violence in war, and to show that, while the DDE as such might be invalid, its focus on intentions does point toward an important element which Scanlon's proposal lacks, viz. the requirement that the agent believes that her actions will have certain consequences and can be justified for that reason. (shrink)