According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the second of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the moral status of the distinction between doing and allowing harm. I look at objections to the doctrine such as James’ Rachels’ Wicked Uncle Case and Jonathan (...) Bennett’s argument that any acceptable analysis of the distinction leaves it implausible that the distinction is morally relevant. I consider putative defences of the Doctrine from Philippa Foot and Warren Quinn. I argue that neither Foot not Quinn provides a satisfactory justification of the Doctrine of Doing and Allowing, but that the idea of self-ownership discussed by Quinn can be developed to provide a justification of the doctrine. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the first of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the analysis of the distinction between doing and allowing harm. I explore some of the most prominent attempts to analyse this distinction:. Philippa Foot’s sequence account, Warren (...) Quinn’s action/ inaction account, and counterfactual test accounts put forward by Shelly Kagan and Jonathan Bennett. I also discuss Jeff McMahan’s account of the removal of barriers to harm. I argue that analysis of the distinction has often been made more difficult by two mistaken assumption: (1) the assumption that when an agent does or allows harm his behaviour makes the difference to whether or not the harm occurs (2) the assumption that the distinction between doing and allowing and the distinction between action and inaction are interchangeable. I suggest that Foot’s account is the most promising account of the doing/allowing distinction, but that it requires further development. (shrink)

Breastfeeding advocates have criticised the phrase ‘breast is best’ as mistakenly representing breastfeeding as a departure from the norm rather than the default for infant feeding. Breastfeeding mothers have an interest in representing breastfeeding as the default, for example, to counteract criticism of breastfeeding outside the home. This connects to an increasing trend to frame feeding babies formula as harmful, which can be seen in research papers, public policy and information presented to parents and prospective parents. Whether we frame infant-feeding (...) decisions in terms of harming or benefit, protection or risk matters because these distinctions are generally morally significant and thus holding that those who decide to use formula ‘harm’, ‘risk harm’ to their babies or describing formula feeding as ‘dangerous’ is likely to contribute to guilt associated with formula feeding and thus to undermine the well-being of vulnerable women. It may undermine attempts to improve breastfeeding rates by leading women to reject information about health outcomes surrounding infant-feeding decisions. However, these distinctions do not apply easily to infant-feeding decisions, in part because of difficulties in determining whether we should treat breastfeeding as the normative baseline for infant feeding. I show that neither the descriptive ‘facts of the matter’ nor moral or pragmatic considerations provide an easy answer before discussing how to respond to these considerations. (shrink)

Many philosophers display relaxed scepticism about the Doctrine of Doing and Allowing and the Doctrine of Double Effect, suspecting, without great alarm, that one or both of these Doctrines is indefensible. This relaxed scepticism is misplaced. Anyone who aims to endorse a theory of right action with Nonconsequentialist implications should accept both the DDA and the DDE. First, even to state a Nonconsequentialist theory requires drawing a distinction between respecting and promoting values. This cannot be done without accepting some deontological (...) distinction. Second, if someone is going to accept any deontological distinction she should accept either the DDE or the DDA or some replacement. Finally, anyone who accepts either the DDE or the DDA should accept both doctrines or a replacement of each. Unless both Doctrines can be defended or given a defensible replacement, any Nonconsequentialist is in trouble. (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)

Most people believe that the rights of others sometimes require us to act in ways that have even substantially sub-optimal outcomes, as viewed from an axiological perspective that ranks outcomes objectively. Bringing about the optimal outcome, contrary to such a requirement, is an ‘optimific wronging’. It is less clear, however, that we are required to prevent optimific wrongings. Perhaps the value of the outcome, combined with the relative weakness of prohibitions on allowing harm as compared to those against doing harm, (...) justifies non-intervention. In this article, I consider arguments to that effect, focusing on a recent paper in this journal by Andreas Mogensen. I argue that while we do not, in general, do wrong by failing to prevent optimific wrongings, we are nevertheless not permitted, in key cases, to refrain from intervening on the grounds that not intervening will secure the optimal outcome. (shrink)

Philosophers debate over the truth of the Doctrine of Doing and Allowing, the thesis that there is a morally significant difference between doing harm and merely allowing harm to happen. Deontologists tend to accept this doctrine, whereas consequentialists tend to reject it. A robust defence of this doctrine would require a conceptual distinction between doing and allowing that both matches our ordinary use of the concepts in a wide range of cases and enables a justification for the alleged moral difference. (...) In this article, I argue not only that a robust defence of this doctrine is available, but also that it is available within a consequentialist framework. (shrink)

Of great importance to many non-consequentialists is a claimed moral difference between doing and allowing harm. I argue that non-consequentialism is best understood, however, as consisting in three morally distinct categories where commentators typically identify two: standard doings of harm, standard allowings of harm, and denials of resources. Furthermore, the moral distinctness of denials of resources is independent of whether denials are doings or allowings of harm, I argue. I argue by way of matched examples, as well as by way (...) of two widely accepted features of non-consequentialism: stringent rights of persons, and the susceptibility of resources to distribution within political society. (shrink)

A popular informal argument suggests that statistics about the preponderance of criminal involvement among particular demographic groups partially justify others in making defensive mistakes against members of the group. One could worry that evidence-relative accounts of moral rights vindicate this argument. After constructing the strongest form of this objection, I offer several replies: most demographic statistics face an unmet challenge from reference class problems, even those that meet it fail to ground non-negligible conditional probabilities, even if they did, they introduce (...) new costs likely to cancel out any justificatory contribution of the statistic, but even if they didn’t, demographic facts are the wrong sort to make a moral difference to agents’ negative rights. I conclude that the popular argument should be rejected, and evidence-relative theories do not have the worrisome implication. (shrink)

Many assert that affluent countries have contributed in the past to poverty in developing countries through wars of aggression and conquest, colonialism and its legacies, the imposition of puppet leaders, and support for brutal dictators and venal elites. Thomas Pogge has recently argued that there is an additional and, arguably, even more consequential way in which the affluent continue to contribute to poverty in the developing world. He argues that when people cooperate in instituting and upholding institutional arrangements that foreseeably (...) result in more severe or more widespread poverty or human rights deficits than would foreseeably result under feasible alternative arrangements, they are contributors to these harms. Because of this, he argues, they have stringent, contribution-based (or negative) duties to address this poverty. We will call this the ‘Feasible Alternatives Thesis' (FAT), and our aim in this article is to examine it critically. (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)