7.18.2006

An important first principle to remember:

Before I get a chance to blog on what's going on in the Middle East, I want to recall an important principle that is often forgotten when politics is discussed, the principle that is the foundation for any Catholic consideration of morality and therefore politics: that evil can never, ever, be intended, for any reason.

When I was younger I used to read a lot of Tom Clancy. If a tightly wound plot, espionage, and gadgetry are your thing, he's fun. But he's a bit less pleasing to read now. Clancy does not shy away from a good guy/bad guy kind of characterization--it's clear who they are. The good guys, however, find themselves in a dangerous world where many diplomats, agents, provaceteurs, soldiers, terrorists, etc. pursue malicious goals with no moral compunction.

Clancy's heroes, on the other hand, are notable for their boy-scout warrior code, their sense of fair-play, honor, concern for noble values and traditional institutions like the family. There are many minor characters of course who fill in the pages who exhibit more of a muddled sense of right and wrong, but the major characters nonetheless are on either side of the moral hemisphere.

Except for one thing: in every Clancy novel the good characters are faced with situations, problems, where they have to compromise and do something seemingly immoral for the sake of a greater good. Most of Clancy's works can be read as a sort of apologetic for this kind of statecraft, and particularly for the importance and need of state agencies (like the CIA) that are willing and able to bend a few rules so lives can be saved: a realpolitik. The moral of his stories: sometimes you just have to get your hands dirty, and we should be grateful that some are willing to do this; we live in peace and security because of their willingness.

Many people I talk to, people who would purport to have an objective sense of right and wrong, happen to share the same sense of morality as the Clancy good guys when push comes to shove, which fundamentally is the utilitarian one: the right thing to do is a consequence of a calculation where we figure out how to achieve the best for the greatest amount of people. Accordingly, in such a moral calculus, no action is strictly "off-limits". In certain grave situations, even heinous acts may need to take place to save lives. It's what I call, the Tom Clancy (or perhaps, the Jack Ryan) morality--which is really not all that different (except for the details of their personal lives) with the James Bond morality.

The Catholic understanding of morality is different.

What most don't seem to get is, the Church holds that evil can never be done for the sake of a good end. Full stop.

Furthermore, some actions, like the taking of innocent life, are always evil, and so we can never rightly intend such actions. This is why, for example, the Church has always opposed the reasoning that led to the atomic bombing of Hiroshima and Nagasaki. These actions are usually defended with a nuanced moral calculus, that amounts to the criterion of saving more American and Japanese lives in the long run. No matter. The intended (and as G.E.M. Anscombe pointed out, what you knowingly do you willingly intend) targeting of non-combatents in war is always evil, as is any taking of innocent life. It simply can never be justified. The torture of even one innocent babe to save the lives of the whole world, and other moral scenarios, illustrate this.

So in discussions of war, statecraft, realpolitik, particularly apposite the whole Middle East-Iraq-Israel situation, many find themselves apoplectic when confronted with things the Vatican says in response. Why? Well, my guess is they have implicitly adopted a kind of consequentialist thinking that says, sometimes things are so bad that you've got to do bad to clean it up.

But the Church says, the stakes are never so bad that evil becomes justified. And it wants to be heard loud and clear. And it knows and wants others to know well the many evil consequences that always come from war.

A deep consideration of this principle is critical for understanding the Church's invective against war: the principle that evil can never be done, that is the reason why the Church can say war is "a failure," "always a defeat for humanity," "the failure of all true humanism," "an adventure without return," etc. War as it is now considered by the Magisterium can only be legitimate if it is a defensive action. (See CSD, 496, 497)

The Church teaches that "violence is never a proper response." This strikes many as limp-wristed, if not naive and simply stupid. What about self-defense? they say. Well, even St. Thomas noted that a private individual can never intend to take another life; only the state in certain circumstances can even do that. Even in defense, a private individual cannot intend to kill; he can only intend to defend with force. I won't get into the differences here; if they are not obvious, well, that's a whole other discussion (cf. the end of this post).

Violence as aggression however is what the Church is condemning; and this is always evil. Beginning a war, or covert ops, or whatever, for some good end, can never be justified. This does put most statecraft outside the pale of Catholic morality. Yes, it's true--part of the inherent problem of the modern state.

The Church is clear: "One may not do evil so that good may result from it."(CCC 1761) For individuals or states. The use of force (as distinguished from violence) can only be used by the state as a defensive measure, and then only according to strict rules (e.g. The reasons for just war).

I am very much pro-Israel, and quite sympathetic to its concerns. However, if Israel decides to wage war which permissively results in the deaths of non-combatants, this cannot be justified. The reasons for war may be justified, but certainly the kind of warcraft (in war) that relies on permitting collateral damage is evil and unjust. If it is decided that proportionality can be ignored, this too is an evil.

Admittedly, the situation is more complex with terrorism and urban warfare. However the tactics are conceived, it is still true, that evil may never be intentionally done, for any reason.

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[If someone wants to argue for double effect, this is typically a red-herring, or perhaps just simply a misunderstanding of double effect. For St. Thomas, double effect can only apply to unintended consequences. (Cf. G.E.M. Anscombe's point, very important, that what we knowingly do we always intend. Also cf. St. Thomas on the difference between ignorance and involuntariness.)

Here is St. Thomas's brief discussion of the issue, in ST II-II 64.7. I find most people are surprised by his conclusions:

I answer that, Nothing hinders one act from having two effects, only one of which is intended, while the other is beside the intention. Now moral acts take their species according to what is intended, and not according to what is beside the intention, since this is accidental as explained above (43, 3; I-II, 12, 1). Accordingly the act of self-defense may have two effects, one is the saving of one's life, the other is the slaying of the aggressor. Therefore this act, since one's intention is to save one's own life, is not unlawful, seeing that it is natural to everything to keep itself in "being," as far as possible. And yet, though proceeding from a good intention, an act may be rendered unlawful, if it be out of proportion to the end. Wherefore if a man, in self-defense, uses more than necessary violence, it will be unlawful: whereas if he repel force with moderation his defense will be lawful, because according to the jurists, "it is lawful to repel force by force, provided one does not exceed the limits of a blameless defense." Nor is it necessary for salvation that a man omit the act of moderate self-defense in order to avoid killing the other man, since one is bound to take more care of one's own life than of another's. But as it is unlawful to take a man's life, except for the public authority acting for the common good, it is not lawful for a man to intend killing a man in self-defense, except for such as have public authority, who while intending to kill a man in self-defense, refer this to the public good, as in the case of a soldier fighting against the foe, and in the minister of the judge struggling with robbers, although even these sin if they be moved by private animosity.
Consequences may be anticipated or guessed at, but an act can only ever be justified if it is good or at least morally neutral. If some evil may result in an action, as an unintended consequence, a side effect, the good that is intended must be a result of the act itself and not the peripheral evil. The evil cannot be intentionally willed; only guessed at and tolerated, proportionally.

Double effect only applies to good actions, never evil ones
.

And if the guess amounts to, more evil may result from this act (i.e. proportionality), or even, some evil will certainly result from this action, then it cannot be done (since evil can never, ever, willfully be done). In any situation, the moral actor must always try to avoid all evil that is in his power, perhaps even by abstaining to act if proportionality demands. Since we have minds that can anticipate future consequences, we can be held responsible for evil that we did, or should of, anticipated as probable. (e.g. why a drunk driver who has lost the capacity to reason well is still held responsible for what he does, based on the fact that he should have known better; or why someone in a fight who hits someone so hard that they accidentally kill them is guilty of murder and not simply manslaughter--the response, I didn't mean to, as any parent knows, is usually fallacious) A fallacy in consequentialism is the denial of any distinction between forseen and intended consequences. Here is an excerpt of a reviewer summarizing Anscombe's point:

In Modern Moral Philosophy Anscombe singled out Henry Sidgwick for taking a step in thought with fatal consequences. He held any foreseen consequence of a voluntary act to be intended. She distinguishes a foreseen effect of an action from the intention with which it was done. The intention does not lie only in the end for which it was done; it comprises the chosen means as well, and the act is bad if those means were bad. But the action may have an unintended but foreseen side-effect. The end was not attained through the side-effect; if it had been, that subsidiary effect would have been the means, or part of the means, to that end.

Anscombe accepts the principle of double effect, which she prefers to call that of “side-effects”, but thinks that of itself it does not say when an act with a bad foreseen but unintended side-effect is permissible; it merely allows that it may be permissible. Further principles are required to determine when the side-effect renders the action bad. Obviously it does so when an alternative course of action was to hand, or when the end is trivial;

Anscombe suggests that it may also do so when the side-effect is both immediate and certain.

She complains of the abuse of double effect by some Catholic moralists, who think bad actions can be excused by “directing the intention”. This means selecting one of several descriptions under which the act is intentional, and nominating that as one’s intention, so that all else becomes a side-effect.

Here is a great article on Anscombe if anyone wants to know more about her; one of the greatest Catholic philosophers ever.]

15 Comments:

Anonymous Jeff Samardzija said...

I would challenge this sentence:

And if the guess amounts to, more evil may result from this act (i.e. proportionality), or even, some evil will certainly result from this action, then it cannot be done (since evil can never, ever, willfully be done).

I don't think it is congruent with the sources you quote or some other portions of your post. If the principle of double effect has any utility - even if you are right that it should only be a starting point in the analysis - then that sentence must be false. The point of the principle is that the actor has knowledge that some evil "side-effect" will result from an act but - perhaps only under certain circumstances - is allowed to do the act anyway because the evil side effect is not the means to the desired end and is also not intended (though one is aware of it). So in the classic example the self defender's end is self-preservation, his means is to repel the aggressor's force, and the unintended side-effect is to harm or kill the aggressor. Certainly the self-defender is aware that this side-effect will result. Certainly the self-defender is aware that harm to the aggressor will result from his action. Therefore I think it follows that if self-defense can ever be justified, there must be a distinction between acting knowingly (in the sense of being aware of what will inevitably result from an act) and intentionally. Certainly American criminal law makes this distinction.

3:20 PM  
Blogger Matthew Fish said...

Jeff, I would argue you have not read what St. Thomas argued carefully enough.

First, there is an important difference between intending something that you know or believe will happen, and something that may happen. According to St. Thomas, if I know that shooting an assailant in the heart will kill him, and I do so, I have intentionally willed to kill him. If I intend to merely stop him and try my best not to kill him, but I inadvertedly kill him, you have double effect. The case of a police officer is different for St. Thomas, as he acts in the name of the state, and has been sanctioned to do so, and only uses lethal force as a last option.

Similarly, if I know that using a condom will prevent the sexual act from reaching its natural end, but I "intend" to use it for the prevention of STDs, not as a contraceptive, the act is still wrong. One cannot "direct" intentions.

If a woman decided to take birth control pills for some non-contraceptive purpose such as medicine, but she is a wife and has sex with her husband, and conception is still a possibility, the act (although good in nature) is wrong because of the possible evil effect, and she indeed knowingly intended this if she knew it was a contraceptive.

If I choose to have sex with my wife (a good action) at a time when conception is probable, but am aware that in this extraordinary circumstance doctors have told me that if my wife has another child, she will surely die, I may not selectively avoid such an evil effect in my intention; I must abstain.

The whole point of double effect is not to justify otherwise evil actions: it presupposes the principle that one should make every effort to avoid evil, and the truth that one is never forced to intentionally commit evil. If one is unsure whether evil may occur, but if it may, and it seems to be proportionally less than the good intended, one may proceed with the good action.

For St. Thomas, as he explicitly states, self-defense is not an excuse to intentionally kill. Similar faulty logic that would justify such killing, could be used to try to justify snipering an abortion doctor about to perform an abortion. The act is not licit, because it is not just to kill a doctor to save a unborn child (to do evil for a good). And only in exceptional circumstances could a private citizen act in the name of the state, as in for example, a country where there is no law or enforcing state.

Anscombe's point is, there is no such "principle" of double effect as most conceive of it. St. Thomas never mentions the term. He only speaks of unintended side effects. An act may have unintended side effects--that's the principle. The principle is not, "double intention," but unintended effect. And if you read what he says about intention, and voluntary vs. involuntary acts, it is clear that he holds a moral actor cannot "know" that some evil will happen and still act rightly regardless. I would say, not even "probably," but only "possibly" if some unintended evil may result can the act be done. If "probably," the actor must modify his act so as to prevent the evil, or abstain altogether.

St. Thomas's responses to the first and second objections make this clear. His response to the fourth, "the act whence sometimes results the taking of a man's life," makes it clear that St. Thomas is talking about an act of force that may possibly result in death. He is concerned about whether the act may result in death at all, rendering the actor then guilty of killing, not whether it would certainly do so; in the latter case, the prohibition of St. Augustine's still holds, as St. Thomas points out.

Furthermore, note St. Thomas's use of the adjective "moderate" to describe the kind of force that could be used. You can intend moderate force. Moderation implies that you intend not to kill him. But the realities of force and combat as they are, you may kill him. But as long as you sincerely try to only stop him, not kill him, that is just. What you cannot intend, and only the state can, St. Thomas makes clear: "Wherefore if a man, in self-defense, uses more than necessary violence, it will be unlawful: whereas if he repel force with moderation his defense will be lawful." What else could "more than necessary violence" over-against "moderation" mean in this case, but a violence that would always lead to death?

There are many theologians who disagree with St. Thomas on this. Certainly double effect has a life of its own now in contemporary moral theology. I see no reason to disagree with St. Thomas however.

It may be possible to argue the use of double effect with a gun, but I doubt it, since most people unless expertly trained would use a gun as a lethal weapon; but consider the use of timed explosives or a grenade that most certainly would kill. This would be illicit in St. Thomas's understanding. A gun may be more ambiguous.

Since a state or public authority may licitly intend to kill an aggressor, double effect has a bit more range here. A general may intend to kill enemy combatants in a fort; he thinks it probable that non-combatants will not be killed. But he has forseen that civilians do come to the fort to deliver food and water. He has been unable to ascertain the schedule of these deliveries. The stakes are such that he must attack the fort now. In doing so some civilians are killed, as he foresaw. He was unlucky, as he hoped his attack would occur when the deliveries were not happening. Probably proportional. But if that same general knows that on this certain day many families will be visiting the soldiers at the fort, let's say it's Christmas for example, he probably cannot attack in good conscience.

To summarize: understanding what St. Thomas means by intention, this seems unambiguous: "it is not lawful for a man to intend killing a man in self-defense." Only the state can, for just reasons.

5:26 PM  
Blogger Matthew Fish said...

Here is an article by Thomas Cavanaugh that was in the Thomist that offers a similar reading of St. Thomas's understanding of self-defense and double effect.

5:39 PM  
Anonymous Samardzija said...

Perhaps I misunderstand, but I don't think you have answered my question/objection. If the self-defender repels force (not intending to kill) but knowing with near certainty that at least some injury to the agressor will result (as I think he must under almost any reasonable example of self-defense no matter what instamentality is used), is that justified under double effect. And if it is, how is that consistent with the claim that knowing action is equivilent to intentional action. Obviously assuming that evil cannot be directly willed, which I accept.

9:58 AM  
Anonymous John Doman said...

The reasons for war may be justified, but certainly the kind of warcraft (in war) that relies on permitting collateral damage is evil and unjust. If it is decided that proportionality can be ignored, this too is an evil.

Matt- the type of war that you are talking about does not exist. There has never been, nor will ever be, a type of warcraft that does not permit any collateral damage. Of course, the U.S. and Isreal have come as close to that goal as possible with our smart bombs, precision strikes, and nation-building -- but ironically, we're the ones most condemned by the Vatican these days.

In my opinion, the apologists for the doctrine of Just War have done an absolutely miserable job of explaining it or judging it. The reason I think this is because it seems to be impossible to follow. Can you name one war in history that would really qualify as a "just war" under the current standards?

Hitler didn't attack America. We invaded Germany; not very defensive. Unjust War.

Furthermore, the Church has obviously not espoused the Just War doctrine throughout its history -- which makes me think that this doctrine is not quite on the same level as, say, the Incarnation. (I know I'm probably using the term "doctrine" incorrectly; please be patient with a layman). This is a great relief to me.

From a non-theologian's point of view, the implications of the Just War doctrine are that you have to be a pacifist in order to be Catholic; and I think this is the reason it causes so much dissent. This has not been the position of the Church for centuries, nor was it the position of Christ, who never condemned War implicitly (although, as Chesterton pointed out, He seemed to have an esteem for Roman soldiers). And in this day and age, the anti-war position of the Church's leaders seems (again, to the ordinary non-theologian) to have reached an unhealthy extreme.

The only disagreement I ever had with Pope John Paul the Great was when he condemned the first Iraq War. I'm sorry. I must not be smart enough. But I just cannot grasp how it is more virtuous to abandon the people of Kuwait to rape, pillage and murder, and less virtuous to rescue them and expell the forces of a bloodthirsty tyrant. On reflecting on this, I've often had the forbidden thought that the Pope was so scarred by his experiences in WWII that he had an overwhelming repugnance for war of any kind.

Something's wrong with the whole situation here. But every time I've pointed this out, I'm told that either I'm a revenge-crazed warmonger or I'm simply not enlightened enough to grasp the subtleties of Just War Doctrine.

11:33 AM  
Anonymous John Doman said...

BTW, sorry about the poor grammer of the last post. I had to re-type it after the stupid computer burped.

2:10 PM  
Blogger Matthew Fish said...

Jeff: the use of force is alright as long as your intention is not to simply kill. The use of moderate force means as I take it, pushing, punching, what not. Force being what it is, it is hard to really know how much is too much, etc. I think Thomas was on to this with his use of words like "moderate" and "sometimes". The very moment of defense--and this is what Thomas means, very much not forseen danger or anticipated danger, but present danger--is not a priviliged moment for calculation. The point is, something like a bomb would be wrong, because it would certainly (or at least is designed to) kill. As to knowledge: we are certainly not responsible for everything we know, nor for every possible consequence that results from our act. Only ones that would result essentially, not accidently, from the act. That distinction may be a bit esoteric, but I think most anyone can grasp it. When you shoot at someone, unless you are a child and ignorant of what a gun is and does, you intend to kill. That, under most circumstances, is wrong. When you swing a baseball bat at someone, you intend to knock them out, or at least scare them away. Thomas's point is, we all know that killing may result from force, so we should choose our use of force prudently.

John: thanks for your point. I should have said, "disregard collateral damage." Collateral damage may be permitted, if reasonable atttempts have been made to avoid it; if it is not directly intended.

Many wars haved taken place on battlefields alone. That is what I mean by no collateral damage. Ones that use the strategy of targeting civilian populations (e.g. the European theater in WWII) or destroying towns, cities, infrastructure not essentially involved in the battle, are wrong. St. Thomas thought war could be used to punish a tyrant. Perhaps. Hitler was a tyrant. Furthermore, the U.S. was acting on the interests of Europeans who could not defend themselves.

It is fair to say that the teaching of the Church has developed; thankfully, considering the horrific effects of modern warfare.

But John, I think you should just think a bit more about why war is so evil, about the death and hate and terror it nearly always causes. War should not be an instrument of statecraft, but a defensive measure only used for very serious reasons.

P.S. Hope your family's well; we're praying for y'all.

2:47 PM  
Anonymous Colonna said...

Questions / thoughts:

First, isn’t it possible to have an unintended consequence, issuing from an act accidentally and not essentially, but still 100% foreseen? I’m not sure that the degree of certainty as to whether the unintended side effect will in fact occur is the deciding factor.

Secondly, I’m not so certain about your contraception example. It is legitimate in itself for a married woman (or man, for that matter) to receive medical treatment that has the unintended (even be it 100% foreseen) effect of impairing or eliminating fertility—even permanently (for instance, hysterectomy for removal of a cancerous uterus). The only case in which your example would apply would be the birth-control pill as it is currently used, the “mini-pill,” which sometimes functions not as a true contraceptive but as an abortifacient. A married woman who could possibly conceive cannot in good conscience take this pill; but this is simply because she is obliged to avoid the risk of unknowingly aborting a child already conceived. I don’t want to make much ado about nothing; perhaps this latter case is the one to which you were referring.

2:16 AM  
Anonymous samardija said...

I still second colonna's first objection. That would be true in the classic double effect case of an ectopic pregnancy.

9:46 AM  
Blogger Matthew Fish said...

A diseased uterus being removed is justified by the principle of totality, not double effect. As to contraception, I think in either case it would be wrong. That is my point exactly: if you are married and having sex, the use of artificial birth control can never be justified, whether you intend to use it as contraception or not, because it always bears its contraceptive (or contra-life) effect.

Ectopic pregnancy is complicated, and not as black and white as people make it seem, so I have been told by quite a few doctors and ethicists. Be that as it may, if it is impossible to save the life of the fetus (or embryo) in the surgical removal--that is, if it is certain that such removal will kill the child--I do not see how such a surgery can be justified.

I admit that I am arguing for a stronger reading of "double effect". But I submit my argument is an attempt to return to what is in fact St. Thomas's reasoning in the matter, which I see as right and just. The idea that many Catholics have that the Church teaches that we can choose amongst a hierarchy of evils (opting for the lesser one) is simply wrong. If someone wants to argue for ectopic pregnancy, they will have to demonstrate to me how such action is not a knowingly intended evil. The only alternative as I see it is consequentialism (and that whole slippery slope).

2:35 PM  
Anonymous Samardija said...

An example to illustrate the fact that an outcome may be 100% foreseen but not intended: You are driving a train, you become aware that 25 people are tied to the track in front of you. You cannot stop but you can turn onto a connecting track. However, you are aware that one person is tied to that track. What do you do? Of course you turn (lets keep it uncomplicated and assume that all the people tied to the tracks are adult strangers). By turning you intend to save the 25 and do not intend to kill the one even though you know with 100% certainty that the one will die as a result of you having turned.

2:54 PM  
Blogger Matthew Fish said...

Good example Jeff: such a case involves only two real choices, either of which involves certain evil effects. I would simply point out that in real-world situations, usually the ultimatum is not so obvious. There is usually a third option that is available. I would argue that in a case where a courageous option may be available that would entail the possibility of not knowingly doing or avoiding some evil, that would be the option that should be chosen. My example would be the priest not counseling the sexual deviant who has AIDS to use a condom; to positively counsel would be to fail in the duty to admonish sinners, and to possibly deceive the deviant as to his better option: not fornicating at all.

In the train case, faced with a true ultimatum, your intention is not to commit evil, since you obviously have no choice about the matter--and we cannot be guilty of evil where a true alternative is not possible; one's intention is a good one, to save as many lives as possible.

Furthermore, a difficulty does not invalidate a principle. There are indeed difficult choices out there that we may have to make. The point is, and it is the duty of the Church (and good people) to counsel in such matters, that intentionally doing evil is never an option, and can never make things better or make things work out.

If one has the freedom to truly choose alternatives, and evil is forseen as a certain consequence of one choice, then that act that produces such certain evil cannot be done. For in real situations of freedom, evil is never a must, and good can always be chosen.

3:20 PM  
Anonymous Joseph Bolin said...

Hi Matt. I've been thinking about a number of moral issues over the Summer, and couldn't resist making a response on this topic.

Probabilities and certainties
As St. Thomas says, what is little is considered by reason as if it were nothing. And similarly, what is nearly certain is considered by reason as if it were certain. If an evil effect is most likely to result, it is morally the same as if it is certain to result. And in most concrete cases, it doesn't even make much difference whether an evil result happens for the most part, or happens always. The judgment of the result must usually be made on other grounds, not on its probability.

You and Thomas Cavanaugh read St. Thomas's use of the term "sometimes" in speaking of killing in self-defense, as excluding cases where the death is certain to follow. (I haven't read Cavanaugh's original article, but I read the short version of it, and I heard from my brother about a lecture he gave on the same topic at Thomas Aquinas College.) However, in the previous article in the Summa, there is another example of double effect, or at least of the general principle that is at the root of the principle of double effect. St. Thomas there says that a judge can condemn an innocent man to death, if all the evidence available to him in his public capacity as judge shows the man to be guilty.

A different way of looking at the principle of double effect
I would analysis the situation in this way: the act can be considered in two ways; in one way, as ordering an innocent man to be killed; in a second way, as carrying out the office entrusted to him. Now in fact, carrying out the office entrusted to him is inseparable from killing the innocent man, and the judge knows this. Nonetheless, he condemns the innocent man because that is required by his office. Here it is not just a question of "directing the intention," but of which consideration of the act is the morally significant one. According to St. Thomas, the morally significant consideration of the act is that of carrying out his office.

Another situation: it is always wrong to commit adultery. How do we define adultery? Adultery is having marital intercouse with someone who is not one's spouse, when one is married or the other person is married. So can one ever knowingly have intercouse with a person who is not one's wife? Strangely, the answer is yes. To take just one instance where this is so, suppose a married Byzantine priest learns in confession that the woman he took as a wife was already legitimately married to another man, and that this man is still living. He may still be obliged to have intercouse with his "wife." The reason this is lawful is that her not being his wife is for him morally irrelevant as long as he only knows this fact under the seal of confession. In this situation his act can be considered as "having marital intercouse with another man's wife," or as "having marital intercourse with a woman whom the evidence on which one is permitted to act shows to be my wife." It is the second consideration of the act which is the morally relevant one.

Another situation involving something said to be intrinsically wrong--drunkenness: a situation could arise in which to avoid profanation of the Precious Blood a priest had to drink a large quantity of it, so much that he became drunk. In this case the morally relevant consideration of the act would not be "getting drunk," but "saving the Precious Blood from profanation." (I don't intend by this example to endorse the characterization of drunkenness as an intrinsic evil.)

In Jeff's ugly but helpful example of the train, the act can be considered as "killing an innocent man," or as "saving the lives of twenty-five men." It is the second consideration which is morally relevant. On the other hand, if one were to direct the train to the twenty-five men, under the grounds that one was "saving an innocent man," (perhaps because that man was a friend), one would do wrong. It this case the relevant consideration of the act would be "killing twenty-five men."

And similarly, an act of self-defense that results in the death of another man (whether always or for the most part) can be considered as "saving my life," or as "killing my attacker." Which of these is the relevant consideration depends primarily upon whether one's life can be saved without killing one's attacker. If it can, than the morally relevant consideration of the act is "killing my attacker," and it is an act of murder. If one's life cannot be saved without killing one's attacker, than the morally relevant consideration of the act is "saving my life."

In all of these examples, I have been speaking of what is objectively the relevant way to consider an act. It is also always possible for someone subjectively to intend something bad. For example, in the train example, one could theoretically intend "killing a man." More plausibly, in the case of self-defense one could intend "to kill the attacker." One cannot legitimately direct one's intention to something that is not morally the relevant aspect; but one can illegitimately direct one's intention to something that in itself is not the morally relevant aspect.

One might object to this understanding of the principle of double effect, because it could be used to justify almost anything. For example, one could defend abortion in certain cases, e.g., in the case where both mother and infant are certain to die otherwise, with the following argument: "The doctor's act can be considered either as the killing of the infant, or as the saving of the mother's life. Since the infant is going to die in any case, the relevant consideration of the act is the saving of the mother's life."

To this I say that there are no universal principles or proofs that can be used to falsify all such arguments. There is no mathematical demonstration to show in any particular case what the morally relevant consideration of an act is. Ultimately, the safest way in practice is to ask a good and wise man, or, in those cases in which the Church has made such judgments, to rely on the judgment of the Church.

Intrinsic evil
Just a note on the principle that evil can never be done so that good may result. This principle refers to moral evil. It is an abuse, and can be scandalous to Catholic teaching, to refer it physical evil. Sometimes certain physical acts usually correspond to morally evil acts. But the distinction needs to be borne in mind.

8:06 PM  
Anonymous Samardija said...

Very helpful post Joseph. I must admit that I used to think I understood Double Effect clearly, but it seems the more I think about it the fuzzier it gets.
Like when a friend was counseled to have a portion of her fallopian tube removed when she had an ectopic pregnancy rather than having the - already sure to die - fetus removed and saving the functionality of that part of her body. I must admit that in such a case it is very difficult for me to avoid thinking that some double effect reasoning simply amounts to hair splitting.

9:30 AM  
Anonymous samardzija said...

ps. sory I've been leaving the z out of my name. It's a difficult name to get used to. ;) Plus I have a lot on my mind; should I make millions playing baseball, football, both, how is Brady going to feel when my back-flipping touchdown catch to beat USC puts me ahead of him in the heisman running, that kind of thing. I promise to spell my name correctly from now on.

9:36 AM  

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