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)

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)

Suppose that one initiates a causal sequence leading to a basically evil state of affairs, but does not intend the evil effect, and the good effects of the action are proportionate to the bad. A state of affairs is a “basic evil” provided it is evil in virtue of itself and not in virtue of its connection with other states of affairs. The classic form of the Principle of Double Effect (PDE) can be taken to state (...) that then the action that initiated the causal sequence is not wrong on account of the basically evil state of affairs it produces. The action might still be wrong for some other reason, say by violating a promise, or causing some other basically evil state of affairs, or being a.. (shrink)

The classical principle of double effect offers permissibility conditions for actions foreseen to lead to evil outcomes. I shall argue that certain kinds of closeness cases, as well as general heuristic considerations about the order of explanation, lead us to replace the intensional concept of intention with the extensional concept of accomplishment in double effect.

There are some interesting similarities between Aristotle’s ‘mixed actions’ in Book III of the Nicomachean Ethics and the actions often thought to be justifiable with the Doctrine of Double Effect. Here I analyse these similarities by comparing Aristotle’s examples of mixed actions with standard cases from the literature on double effect such as, amongst others, strategic bombing, the trolley problem, and craniotomy. I find that, despite some common features such as the (...) dilemmatic structure and the inevitability of a bad effect, Aristotle’s mixed actions do not count as cases justifiable through application of the Doctrine of Double Effect because they fail to meet the crucial necessary condition of the Doctrine according to which the bad effect can only be a merely foreseen side-effect and not an intended means. (shrink)

Few moral theorists would disagree that the fundamental principle of morality – perhaps of practical rationality itself – is “ Do good and avoid evil. ” Yet along with such an uncontroversial principle comes a major question: Can you fulfi l both halves satisfactorily across your life as a moral agent? We all have opportunities to perform acts that do good with no accompanying evil, but these are not as common as we might think. We can avoid evil (...) by doing nothing, but doing nothing implies doing no good either. Clearly the fundamental principle does not require that you go about your life doing good on any and every possible occasion any more than that you sit on your hands and abstain from action out of fear of doing evil. The principle tells us to avoid evil, not to refrain from ever causing it. And the simple fact is that the complexities of life make it inevitable that, much of the time when we go about doing good, we will also be doing evil. Further, they are such that sometimes we can avoid evil only at the cost of not performing a good act which reasonable people would regard as at least permissible, if not sometimes obligatory. So how, as rational, morally responsible agents, are we to satisfy the fundamental principle in an adequate, harmonious fashion, given life ’ s exigencies? This is where the so - called ‘ doctrine of double effect ’ comes into play. Some call it a doctrine, infl uenced by the fact that Catholic ethicists and moral theologians have, since the Middle Ages, codifi ed and ratifi ed it as something akin to a doctrine of Catholic moral philosophy. Others call it the ‘ principle of double effect, ’ though it breaks down into a set of principles unifi ed by a common idea. Yet other writers see it simply as a kind of reasoning about certain types of hard case in ethics. Whatever the preferred nomenclature, the DDE, as I will call it here, is – for all its critics and the diffi culties it faces – a keystone of sound moral thinking, without which the fundamental principle would remain nothing but a high ideal with little consistent applicability. So consider a simple example.. (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)

ABSTRACT This article attempts to show that affirmative action can be supported by the doctrine of double effect which recognises distinctions between desired and unintended effects such that the responsibility for acts falls on the side of the former rather than the latter. With this doctrine it may also be seen why affirmative action programmes cannot be simply equated with numerical quota systems, nor can they be called discriminatory, at least not under the definition of discrimination (...) utilised. (shrink)

The Doctrine of Double Effect (DDE) is an influential non-consequentialist principle positing a role for intention in affecting the moral permissibility of some actions. In particular, the DDE focuses on the intend/foresee distinction, the core claim being that it is sometimes permissible to bring about as a foreseen but unintended side-effect of one’s action some harm it would have been impermissible to aim at as a means or as an end, all else being equal. This article (...) explores the meaning and application of the DDE along with current debates over the nature of the intend/foresee distinction and its moral significance. How is the line between intended effects and merely foreseen but unintended side-effects to be drawn, and how are problem cases best handled? What is an appropriate methodology for debating the tenability of the DDE? How might the DDE interact with other non-consequentialist principles, and how might it be modified to capture other related factors (resulting perhaps in a Doctrine of Triple Effect) or to avoid certain problem cases? Does the DDE make permissibility turn on the actual intentions of particular agents, as critics such as Thomson and Scanlon assume, or is the role of intention more abstract? (shrink)

Abstract: This essay consists of some clarifying remarks on the doctrine of double effect (DDE). After providing a contemporary formulation of the doctrine we put special emphasis on the distinction between those aspects of an action plan that are intended and those that are merely foreseen (the I/F distinction). Making use of this distinction is often made difficult in practice because salient aspects of the action plan exhibit a felt “closeness” to one another that is difficult if not (...) impossible to articulate with the precision we might like. The essay goes on to examine an especially adroit criticism of DDE best articulated by J.J. Thomson. We conclude with a brand new double effect case (new to the philosophical literature anyway) taken from medicine and Roman Catholic pastoral ministry. (shrink)

The doctrine of double effect (DDE) can have two different functions, permissive and restrictive. According to the first function, agents are exculpated from the negative consequences of their actions, consequences that would be deemed illicit were they intentionally chosen. According to the second, agents are reminded that they are responsible, albeit in a distinctive manner, for the foreseeable damages that flow from their chosen actions. Aquinas has standardly been credited with a permissive version of DDE. (...) I argue by contrast (drawing on the treatment of this issue in my Thomas Aquinas on War and Peace, Cambridge University Press, 2017) that the permissive version results from a misreading of Sum. theol. II-II, q. 64, a. 7. Other texts in the same work indicate that he embraced a restrictive version of DDE. (shrink)

The doctrine of double effect can have two different functions, permissive and restrictive. According to the first function, agents are exculpated from the negative consequences of their actions, consequences that would be deemed illicit were they intentionally chosen. According to the second, agents are reminded that they are responsible, albeit in a distinctive manner, for the foreseeable damages that flow from their chosen actions. Aquinas has standardly been credited with a permissive version of DDE. I (...) argue by contrast that the permissive version results from a misreading of Sum. theol. II-II, q. 64, a. 7. Other texts in the same work indicate that he embraced a restrictive version of DDE. (shrink)

BackgroundPalliative sedation and analgesia are employed in patients with refractory and intractable symptoms at the end of life to reduce their suffering by lowering their level of consciousness. The doctrine of double effect, a philosophical principle that justifies doing a “good action” with a potentially “bad effect,” is frequently employed to provide an ethical justification for this practice. Main textWe argue that palliative sedation and analgesia do not fulfill the conditions required to apply the doctrine (...) of double effect, and therefore its use in this domain is inappropriate. Furthermore, we argue that the frequent application of the doctrine of double effect to palliative sedation and analgesia reflects physicians’ discomfort with the complex moral, intentional, and causal aspects of end-of-life care. ConclusionsWe are concerned that this misapplication of the doctrine of double effect can consequently impair physicians’ ethical reasoning and relationships with patients at the end of life. (shrink)

The doctrine of double effect is a principle of crucial importance in law and medicine. In medicine, the principle is generally accepted to apply in cases where the treatment necessary to relieve pain and physical suffering runs the risk of hastening the patient’s death. More controversially, it has also been used as a justification for withdrawal of treatment from living individuals and physician-assisted suicide. In this paper, I will critique the findings of the controversial Victorian Civil and Administrative (...) Tribunal hearing Syme vs the Medical Board of Australia. In that hearing, Dr Rodney Syme, a urologist and euthanasia advocate, was defending his practice of prescribing barbiturates to terminally ill patients. Syme claimed that he prescribed the drugs with the intention of relieving their existential suffering and not to assist in suicide; he argued that the DDE could be applied. Pace VCAT, I argue that this is an illegitimate application of DDE. I argue that a close scrutiny of Syme’s actions reveals that, at the very least, he intended to give patients the option of suicide. He furthermore used what on a traditional definition of DDE would be considered a ‘bad’ means—the prescription of Nembutal—to achieve a ‘good’ end—the relief of suffering. The case demonstrates the crucial importance of analysing an agent’s ‘intention’ and the ‘effects’ of their actions when applying DDE. Ethicists and, indeed, the judiciary need to attend to the ethical complexities of DDE when they assess the applicability of DDE to end of life care. If they fail to do this, the doctrine risks losing its legitimacy as an ethical principle. (shrink)

Along with the growing utilization of the total artificial heart comes a new set of ethical issues that have, surprisingly, received little attention in the literature: How does one apply the criteria of irreversible cessation of circulatory function given that a TAH rarely stops functioning on its own? Can one appeal to the doctrine of double effect as an ethical rationale for turning off a TAH given that this action directly results in death? And, On what ethical (...) grounds can a physician turn off a TAH in view of the fact that either the intent of such an action or the outcome is always, and necessarily, death? The aim of this article is not to answer these questions but to highlight why these questions must be explored in some depth given the growing use of TAH technology. (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)

After the terrorist attacks of September 11, 2001, most legacy airlines filed for bankruptcy protection as a way to cut costs drastically, with the exception of American Airlines. This article applies the Principle of Double-Effect to the act of filing for Chapter 11 bankruptcy protection for reasons of management strategy, in particular, cost-cutting. It argues that the Principle can be a useful tool for discerning the ethicality of the action, and demonstrates the usefulness by proposing three (...) class='Hi'>double-effect criteria that, when fulfilled, argues for the ethical justifiability the action in question. (shrink)

Producing food on a large scale without killing any animals seems currently impossible. This poses a challenge for deontological positions that involve a prohibition against killing sentient creatures: it seems that according to these positions omnivorous, vegetarian and vegan diets all rely on food produced in impermissible ways. In order to meet this challenge, deontologists might introduce consequentialist considerations into their theories, for example some principles that effectively require to kill as few animals as possible. This is the kind of (...) strategy Tom Regan has pursued. However, we argue that the challenge for deontological positions on the ethics of food production can also be met by invoking a prominent deontological principle. The doctrine of double effect, with its distinction between bringing about harm intentionally and bringing about harm as a merely foreseen consequence of one’s action, enables us to see a morally significant difference between the various ways to produce food other than the number of animals killed. In this paper we will review some of these ways using Warren S. Quinn’s version of the DDE and show that a more thoroughgoing deontological ethics of food production than Regan’s classic theory is possible. We thereby present a novel way of evaluating modes of food production. (shrink)

In this paper, I argue that the doctrine of double effect is disposed toward abuse. I try to identify two distinct sources of abuse of double effect: the conditions associated with standard formulations of double effect and the difficulty of fully understanding one’s own intentions in action. Both of these sources of abuse are exacerbated in complex circumstances, where double effect is most often employed. I raise this concern about abuse not (...) as a criticism of double effect but rather as a problem that defenders should observe and try to prevent. I go on to suggest certain methods for avoiding the abuse of double effect such as hesitating to use it, applying it only with other agents, and selectively and carefully propagating it. (shrink)

I argue that hanink's account of the principle of double effect ("some light on double effect," "analysis", volume 35, number 5) is inadequate, and rests on the mistaken assumption that the criteria for distinguishing acts from each other, intention from foresight, acting from refraining, can be specified independently of any moral perspective. i try to indicate the way to a better understanding of these distinctions, and the essential features of the kind of absolutist morality which invokes (...) them--its concern with "agency", with "transcendent values", and with "limits" on human action. i illustrate these points by a brief discussion of suicide. (shrink)

Whereas indirect euthanasia is a common clinical practice, active euthanasia remains forbidden in most countries. The reason for this differentiation is usually seen in the principle of double-effect (PDE). PDE states that there is a morally relevant difference between the intended consequences of an action and merely foreseen, unintended side-effects. This article discloses the fundamental assumptions presenting the basis for this application of the PDE and examines whether these assumptions are compatible with the PDE. It is shown (...) that neither a liberal nor a utilitarian point of view makes the utilization of the PDE possible. In accordance with philosophical tradition, only within the doctrine of the sanctity of life does the PDE seem to be applicable. By analysing the premises of this doctrine, and comparing them with those of the PDE, the inconsistency of this idea is demonstrated. It is suggested that the role of the PDE in the current discussion on euthanasia is largely exaggerated. (shrink)

According to the principle of double effect, there is a strict moral constraint against bringing about serious harm to the innocent intentionally, but it is permissible in a wider range of circumstances to act in a way that brings about harm as a foreseen but non-intended side effect. This idea plays an important role in just war theory and international law, and in the twentieth century Elizabeth Anscombe and Philippa Foot invoked it as a way of resisting (...) consequentialism. However, many moral philosophers now regard the principle with hostility or suspicion. Challenging the philosophical orthodoxy, Joshua Stuchlik defends the principle of double effect, situating it within a moral framework of human solidarity and responding to philosophical objections to it. His study uncovers links between ethics, philosophy of action, and moral psychology, and will be of interest to anyone seeking to understand the moral relevance of intention. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction (...) marked out by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Scanlon (2008) has argued that his theory of permissibility (STP) has more explanatory power than the Doctrine of Double Effect (DDE). I believe this claim is wrong. Borrowing Michael Walzer’s method of inquiry, I will evaluate the explanatory virtue of these accounts by their understanding of actual moral intuitions originated in historical cases. Practically, I will evaluate these accounts as they explain cases of hostage crises. The main question in this context is: is it permissible that nation-states act (...) with military force in order to liberate hostages, even if those actions put the lives of the hostages at risk? The first part of this paper has an operative reconstruction of the relevant theories. In the second section, two cases of hostage crises will be considered: the Moscow theater hostage crisis of 2002, and the Jaque Operation, which occurred in Colombia in 2008. Additionally, it will be shown that DDE explains these cases better than STP. Finally, this paper offers a critical analysis of Scanlon’s account of the explanatory power of both STP and DDE. (shrink)

The Principle of Double Effect has been with us since the Middle Ages and has sanctified actions that might otherwise be viewed as morally wrong. What I wish to show in this brief perspective is that an overlooked element in the discussions of this principle raises a serious question about its applicability.

It is commonly believed that the Doctrine of Double Effect is identical with, or presupposes, the Intention Principle according to which an act can be impermissible if done with a wrongful intention. A main line of objections to the DDE, then, stems from the worry that the Intention Principle implausibly interiorizes the wrongness of an action. I will argue, first, that the DDE does not presuppose the Intention Principle, and, second, that intuitions brought against the Intention (...) Principle do not warrant us to reject the DDE. Therefore, a main line of objections to the DDE is misguided. (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)

One's conception of the conditions and applicability of the principle of double effect derive from one's broader convictions about moral methodology. Developed in a Catholic context which presumed the existence of moral absolutes, the principle of double effect was originally a conceptual tool to aid priests in being skilled confessors. In recent decades, as the practice of moral theology has become less connected with its earlier ecclesial and sacramental context, the principle of double (...) class='Hi'>effect has fallen into an epistemological crisis. Contemporary moral theological discussion of the principle of double effect usually operates in one of the following four contexts: interpretation of Aquinas; in relation to manualist casuistry; as understood within proportionalist methodology; as defended within the new natural law methodology. The essay argues that juridically-oriented methodologies do not adequately sustain the principle of double effect. To be sustained, it must be viewed as a theological achievement based upon the meaning of our redemption in Christ and the concomitant possibilities regarding our actions in pursuit of our true good and true end. (shrink)

This paper claims as erroneous the current widespread representation of the Doctrine of Double Effect (DDE) as primarily condemning as intrinsically bad actions involving intentional harm. The DDE's Four Conditions are in fact used solely for justifying certain intrinsically good actions with both intended good and unintended bad effects. Though contemporary writers assign a minor justificatory role to the DDE this is incompatible with their attribution to it of a primary prohibitive role. Not only (...) is the conduct cited by these writers as justifiable under the DDE so morally innocuous as to require no justification, but any attempt to justify it by appeal to the DDE leads to incoherence. We finally suggest reasons for this misinterpretation in current concerns with the structure of deontological moral theories. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Intention and Wrongdoing: A Defense of the Principle of Double Effect by Joshua StuchlikMichael J. DegnanSTUCHLIK, Joshua. Intention and Wrongdoing: A Defense of the Principle of Double Effect. Cambridge: Cambridge University Press, 2021. xvi + 220 pp. Cloth, $99.99In this book Joshua Stuchlik vigorously defends the principle of double effect (PDE), which states, "There is a strict moral constraint against bringing about (...) serious evil (harm) to an innocent person intentionally, but it is permissible in a wider range of circumstances to act in a way that brings about serious evil incidentally, as a foreseen but non-intended side effect." After defining the terms of the principle and considering an intuitive case-based defense, he supports its truth based on a standard of solidarity. Since the PDE requires the distinction between intended consequences and nonintended side effects, he explains Elizabeth Anscombe's theory of intention, which supports the distinction's moral significance. He uses her theory to treat the closeness problem, the irrelevance of intention critique, and a challenge from Joshua Greene's empirical moral psychology that purports to undermine deontological constraints on causing harm.I present Stuchlik's grounding for the PDE followed by an uncontroversial example of its application. After this I consider two important objections to the PDE that Stuchlik critiques: the closeness problem and James Rachels's argument that intentions are irrelevant to judging the moral permissibility of actions. I conclude by examining Stuchlik's treatment of these challenges.Stuchlik interprets the PDE's very strict constraint against intentional killing or seriously harming the innocent as a near absolute prohibition, for he believes innocent persons are not suitable recipients of intentional harm. He grounds this constraint on the principle of solidarity. Being in solidarity with another is possessing concern for that other's sake. The ground for this concern is a shared human nature that enables members to think of themselves as making a "we." Human nature consists in the structured potentialities for knowing and freely choosing. Evidence of these rational potentialities is the human orientation toward the transcendent values of truth and goodness. Such embodied potentialities have inviolable worth.The scenarios of the precision bomber and the terror bomber illustrate the moral significance of the intended harm versus the nonintended but foreseen harm that Stuchlik adopts from Elizabeth Anscombe's action theory. Each bombers' goal is to help his country win a just war. The precision bomber pursues that goal by targeting a munitions factory. Though he foresees that many noncombatants will be killed or seriously [End Page 367] injured from the bomb, he does not necessarily intend these harms. By contrast, the terror bomber targets a civilian center necessarily intending harm for noncombatants. The PDE rules out his conduct.Anscombe's account of intention can lead to the problem of closeness in which the content of an intention is sufficiently fine-grained that an agent need not intend harm in almost any situation. Stuchlik illustrates the problem with Alexander Pruss's zookeeper scenario.An eccentric literalistic but always truthful magnate tells Sam he will donate to famine relief saving a hundred lives if and only if Sam follows his directions to the iota. Sam is to purchase a gun, sneak at night into a zoo owned by the magnate and kill the first mammal he sees. Sam sneaks into the zoo, sees a mammal in the distance, and forms the intention to shoot it. Then he notices that the mammal is human but shoots nonetheless on utilitarian grounds.In this case applying the PDE shows that Sam is simply intending that a mammal be killed. The fact that the mammal is a human is irrelevant, according to Anscombe's action theory.Stuchlik's response clarifies the scope of intention in the PDE. As stated above, the intention's content includes seriously harming an innocent human. However, if the intention ranges only over an intention to bring about an effect, E, and it turns out that E is a serious harm for an innocent human being, then applying the principle shows that Sam's action is wrong. The intended effect of killing the mammal is, as a matter of fact, an... (shrink)

Intuitively, we judge that our responsibility has more to do with what we do than what we omit to do, and that it extends more to intended effects than to side-effects of our deeds. These intuitions have been expressed in our tradition through two principles: the doctrine of acts and omissions and the doctrine of double effect. Jonathan Glover acknowledges that these two principles are important, but believes that it is eventually better to discard them and, instead, (...) to stick to the consequentialist view that our responsibility extends equally to all the consequences of our behavior. I first examine Glover’s objections against the two principles and then present Joshua Greene’s research on the neuropsychology of moral judgment. These rest heavily on our reactions to certain moral dilemmas, in particular the trolley problem, and have recourse to neuroimaging. Greene’s conclusions go in the same direction as Glover’s more conceptual arguments. However, both authors share a common philosophical view, i.e., consequentialism. Thus, in a last section I consider some difficulties that this moral view encounters, and with the aid of other neuropsychological studies, I conclude that it is not judicious to put aside the intentions of an agent. (shrink)

The ability to learn sequential contingencies of actions for predicting future outcomes is indispensable for flexible behavior in many daily decision-making contexts. It remains open whether such ability may be enhanced by transcranial direct current stimulation. The present study combined tDCS with functional near-infrared spectroscopy to investigate potential tDCS-induced effects on sequential decision-making and the neural mechanisms underlying such modulations. Offline tDCS and sham stimulation were applied over the left and right dorsolateral prefrontal cortex in young male adults (...) in a double-blind between-subject design using a three-state Markov decision task. The results showed an enhanced dlPFC hemodynamic response during the acquisition of sequential state transitions that is consistent with the findings from a previous functional magnetic resonance imaging study; a tDCS-induced increase of the hemodynamic response in the dlPFC, but without accompanying performance-enhancing effects at the behavioral level; and a greater tDCS-induced upregulation of hemodynamic responses in the delayed reward condition that seems to be associated with faster decision speed. Taken together, these findings provide empirical evidence for fNIRS as a suitable method for investigating hemodynamic correlates of sequential decision-making as well as functional brain correlates underlying tDCS-induced modulation. Future research with larger sample sizes for carrying out subgroup analysis is necessary in order to decipher interindividual differences in tDCS-induced effects on sequential decision-making process at the behavioral and brain levels. (shrink)

This dissertation consists in three essays, one in ethics, one in action theory and one at the intersection of these fields. The first essay concerns romantic love, and makes explicit both the psychological needs people commonly expect it to service and the robust yet conditional commitment it demands. The basic ideas are the following: people regularly want to form an intimate union with another, to be loved for properties of certain sorts, and to have this love generate and sustain (...) a distinctive sort of commitment to them. In particular I argue that the third idea has been underarticulated and underappreciated, and its underappreciation has given rise to seeming inconsistencies amongst peoples' wishes for lasting loving relationships. I close with a detailed account of what I term a "loving commitment." ;The second essay is devoted to a detailed examination and assessment of the Doctrine of Double Effect . I argue that in order to employ the DDE to obtain intuitively satisfying moral evaluations it needs to be supplemented by an additional principle or set of principles that specify how various aspects of the relevant action are to be classified as intended or merely foreseen. After discrediting various plausible candidates I offer a puzzle case that seems peculiarly prone to mischaracterization by the DDE. I close with some tentative suggestions as to how the DDE should be considered against the backdrop of our moral practices. ;The third essay is a detailed examination of intention, belief, intentional action, and planning, and the relations obtaining between them. I contend that plans are nothing more than clusters of intentions of greater and lesser range and immediacy and that practical rationality essentially consists in forming and acting on intentions. I then argue that while intentionally acting does not require an intention to perform that very act, Michael Bratman's powerful argument to that effect is ultimately unsatisfying. I propose that the two phenomena diverge because there is a justified belief requirement on intention that does not apply to acting intentionally, and that this justified belief requirement is tied to the intimate relation between intention and rationality. I go on to consider other features of intention, most notably its relations to skillful and habitual activity. (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)

Trolley dilemmas have been used to justify the intuitive appeal of the doctrine of double effect. According to this doctrine, if a good action has a harmful side effect, it is morally acceptable to do it, provided the harmful effect is not intended. However, in some variants of the dilemma, most people are willing to forego this doctrine, thus making responses inconsistent. In this study, 404 university students from the United Arab Emirates (UAE) were presented (...) class='Hi'>with 4 versions of the trolley dilemma. Results came out showing that higher levels of depressive symptoms predict greater consistency in adherence (or rejection) to the doctrine of double effect. Likewise, higher levels of depressive symptom predict utilitarian responses to trolley dilemmas. Anxiety symptoms had similar effects, but more moderate. Demographic variables (age, gender) were also assessed as predictors of responses and consistency to trolley scenarios, but no significant effects were found. (shrink)

David K. Chan provides an account of various mental entities that interact with each other to produce human action. Once we have a theory of human action, Chan states, we will be in a better position to examine how to evaluate human actions from a moral perspective. I will address only two sets of claims that I don't find convincing. The first concerns Chan's idea that we need to introduce a new category of non-intentional action (besides intentional and (...) unintentional) to account for actions that do not result from practical reasoning. The second concerns Chan's claim that the traditional Doctrine of Double Effect is not tenable, and needs to be replaced by another doctrine he introduces. (shrink)

In this paper, I explore how to accommodate non-consequentialist constraints with a broadly value-based conception of reasons for action. It turns out that there are two grades of non-consequentialist constraints. The first grade involves attaching ethical importance to such distinctions as the doing/allowing distinction, and the distinction between intended and unintended consequences that is central to the Doctrine of Double Effect. However, at least within the value-based framework, this first grade is insufficient to explain rights, which ground (...) weighty reasons against infringing those rights that need not be outweighed even when infringing those rights is necessary for preventing a larger number of people from having their rights infringed in the same way. Such rights form a second grade of non-consequentialist constraints: within the value-based framework, this second grade is best explained in terms of the intrinsically relational values and disvalues of interpersonal interactions and relationships. (shrink)

As media reports have made widely known, in November 2009, the ethics committee of St. Joseph’s Hospital in Phoenix, Arizona, permitted the abortion of an eleven-week-old fetus in order to save the life of its mother. This woman was suffering from acute pulmonary hypertension, which her doctors judged would prove fatal for both her and her previable child. The ethics committee believed abortion to be permitted in this case under the so-called principle of double effect, but Thomas J. (...) Olmsted, the bishop of Phoenix, disagreed with the committee and pronounced its chair, Sister Margaret McBride, excommunicated latae sententiae, “by the very commission of the act.” In this article, I take the much discussed Phoenix case as an occasion to subject the principle of double effect to another round of philosophical scrutiny. In particular, I examine the third condition of the principle in its textbook formulation, namely, that the evil effect in question may not be the means to the good effect. My argument, in brief, is that the textbook formulation of the principle does not withstand philosophical scrutiny. Nevertheless, in the end, I do not claim that we should then “do away” with the principle altogether. Instead, we do well to understand it within the context of casuistry, the tradition of moral reasoning from which it issued. (shrink)

The Doctrine of Double Effect [DDE] states roughly that it is harder to justify causing or allowing harm as a means to an end than it is to justify conduct that results in harm as a side effect. This chapter argues that a theory of deontological constraints on harming needs something like the DDE in order to avoid the charge that it reflects a narcissistic obsession with the cleanliness of our own hands. Unfortunately, the DDE is (...) often interpreted as maintaining that we must avoid acting with certain intentions, which, this chapter contends, embodies an equally narcissistic obsession with the purity of our own hearts. The chapter argues that the DDE is better interpreted as a denial of the Machiavellian idea that beneficial ends justify harmful means. On this view, the objective fact that our conduct will secure benefits for some individuals at the expense of other individuals weakens the extent to which those benefits count as reasons to engage in that conduct. The chapter argues that this version of the DDE provides a plausible, non-narcissistic foundation for deontological constraints. (shrink)

The dead donor rule (DDR) prohibits retrieval protocols that would be lethal to the donor. Some argue that compliance with it can be maintained by satisfying the requirements of double‐effect reasoning (DER). If successful, one could support organ donation without reference to the definition of death while being faithful to an ethic that prohibits intentionally killing innocent human life. On the contrary, I argue that DER cannot make lethal organ donation compatible with the DDR, because there (...) are plausible ways it fails DER's requirements. A key takeaway is that the theories of intention and proportionality assumed in DER matter for its plausibility as a constraint on practical reasoning. (shrink)

Intuitively, we judge that our responsibility has more to do with what we do than what we omit to do, and that it extends more to intended effects than to side-effects of our deeds. These intuitions have been expressed in our tradition through two principles: the doctrine of acts and omissions and the doctrine of double effect. Jonathan Glover acknowledges that these two principles are important, but believes that it is eventually better to discard them and, instead, (...) to stick to the consequentialist view that our responsibility extends equally to all the consequences of our behavior. I first examine Glover’s objections against the two principles and then present Joshua Greene’s research on the neuropsychology of moral judgment. These rest heavily on our reactions to certain moral dilemmas, in particular the trolley problem, and have recourse to neuroimaging. Greene’s conclusions go in the same direction as Glover’s more conceptual arguments. However, both authors share a common philosophical view, i.e., consequentialism. Thus, in a last section I consider some difficulties that this moral view encounters, and with the aid of other neuropsychological studies, I conclude that it is not judicious to put aside the intentions of an agent. (shrink)

The article investigates the resources of contractualist moral theory to make sense of the ethics of risk imposition. In some ways, contractualism seems well placed to explain how it can be reasonable to accept exposure to risk of harms whose direct imposition would not be acceptable. However, there are difficulties getting clear about what directness comes to here, especially given the difficulty of adequately motivating traditional views that assign ethical significance to what the agent intends as opposed to merely foreseeing. (...) The article considers two principles which might help the contractualist: the Redistribution Principle, which, while attractive, is perhaps somewhat too restrictive, and the Aim Consistency Principle, which grants ethical significance to the aims with which our actions are in principle consistent whatever our actual intentions may be. The article also considers the relative significance of ex ante and ex post perspectives from which to evaluate actions and principles. Key Words: contractualism • Doctrine of Double Effect • ethics • intention • justice • risk • T.M. Scanlon • utilitarianism. (shrink)

The “principle of double effect” is a vital tool for moral decision making and is applicable to all areas of medical practice, including (for example) end-of-life care, transplant medicine, and cases of conscientious objection. Both our ultimate and our more immediate intentions are relevant in making and evaluating choices— though side effects must be kept proportionate and can be morally conclusive when linked with some intentions. Intentions help to form the character of doctors, and of human beings (...) generally. While hypocrisy is certainly possible in regard to this form (and other forms) of moral reasoning, double effect reasoning, sincerely practised, remains indispensable in identifying moral problems and solutions. (shrink)

This paper looks at the Catholic justification of medical interventions in ectopic pregnancies. The paper first shows that the way how Double Effect Reasoning is often applied to ectopic pregnancies is not consistent with the way Aquinas introduces this mode of reasoning. The paper then shows certain problems in common defences of the use of salpingectomies. The paper then re-evaluates the medical interventions used in the management of ectopic pregnancies, with both a focus on the aim (...) of the treatment and the timing of the treatment. (shrink)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of Terror Bomber and Strategic Bomber which dominates this debate is underdetermined in three crucial respects: (1) the non-psychological worlds of Terror Bomber and Strategic Bomber; (2) the psychologies of Terror Bomber and Strategic Bomber; and (3) the structure of the thought-experiment, especially in relation to its similarity with the Trolley Problem. (1) (...) If the two worlds are not identical, then it may be these differences between the two worlds and not the Doctrine of Double Effect to explain the moral difference; (2a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double Effect that explains the moral difference; (2b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. Finally, (3) the Strategic Bomber scenario could also be constructed so as to be structurally equivalent to the Fat Man scenario in the Trolley Problem: but then the Doctrine of Double Effect would give different answers to two symmetrical cases. (shrink)

This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents (...) must comply with high standards of care. In order for incidental harm to be permissible, an agent must take pains to avoid such harm even at higher cost to him- or herself. It is argued that accidentally but negligently caused collateral damage may be just as difficult to excuse as incidental harm. Only if high precautionary standards of care are met, can unintended harm to innocents – incidental or accidental – be permissible. In practice, such a strong commitment to avoiding harm to civilians may well lead us to question more generally and rethink more radically how violent conflicts ought to be fought, how military violence ought to be used and whether there are better ways of achieving those aims that we think are legitimate than those we are currently using. (shrink)

What is the relation between monetary policy and inequalities in income and wealth? This question has received insufficient attention, especially in light of the unconventional policies introduced since the 2008 financial crisis. The article analyzes three ways in which the concern central banks show for inequalities in their official statements remains incomplete and underdeveloped. First, central banks tend to care about inequality for instrumental reasons only. When they do assign intrinsic value to containing inequalities, they shy away from trade-offs (...) class='Hi'>with the standard objectives of monetary policy that such a position entails. Second, central banks play down the causal impact monetary policy has on inequalities. When they do acknowledge it, they defend their actions by claiming that it is an unintended side effect, that it is temporary, and/or that any alternative policy would fare even worse. The article appeals to the doctrine of double effect to criticize these arguments. Third, even if one accepts that inequalities should be contained and that today’s monetary policies exacerbate them, is it both desirable and feasible to make containing inequalities part of the mandate of central banks? The article analyzes and rejects three attempts on the part of central banks to answer this question negatively. (shrink)

Flannery’s volume looks in two directions. On the one hand, as Flannery announces in the book’s introduction, the chapters in the volume were intended to shed light on three specific ‘background’ issues in contemporary ethics and the interpretation of Thomas Aquinas, namely, Aquinas’ notion of ethical theory (as articulated especially in Summa Theologica 1-2.6-21), the ramifications of physical actions on moral evaluation in contemporary ethics (for instance, whether the fact that an abortion consists specifically in the crushing of a (...) fetus’ skull rather than some other form of terminating the fetus has moral relevance), and the understanding of Aquinas’ ‘principle of double effect’ (Summa Theologica 2-2.64.7). On the other hand, the eight chapters (and two appendices) are all devoted to the exegesis of passages in Aristotle’s corpus (primarily the ethical treatises, but with substantial discussions of passages from the Prior Analytics, the Physics, and the Metaphysics insofar as they shed light on passages in the eth-ical corpus). Although the exegetical chapters are motivated by contemporary and Thomistic background issues, the exegesis appears entirely grounded in Aristotle’s (rather than Aristotelian) texts. (shrink)