Law and Philosophy 39 (5):503-526 (2020)

S. Matthew Liao
New York University
Christian Barry
Australian National University
Recently, Gerhard Øverland and Alec Walen have developed novel and interesting theories of nonconsequentialism. Unlike other nonconsequentialist theories such as the Doctrine of Double Effect, each of their theories denies that an agent’s mental states are relevant for determining how stringent their moral reasons are against harming others. Instead, Øverland and Walen seek to distinguish morally between instances of harming in terms of the circumstances of the people who will be harmed, rather than in features of the agent doing the harming. In this paper, we argue that these theories yield counterintuitive verdicts across a broad range of cases that other nonconsequentialist theories handle with relative ease. We also argue that Walen’s recent attempt to reformulate this type of theory so that it does not have such implications is unsuccessful.
Keywords doctrine of double effect  doing and allowing  rights
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DOI 10.1007/s10982-020-09376-5
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Transcending the Means Principle.Alec Walen - 2014 - Law and Philosophy 33 (4):427-464.

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