NDLI: The Closeness Problem and the Doctrine of Double Effect: A Way Forward

Content Provider	Springer Nature Link
Author	Liao, S. Matthew
Copyright Year	2014
Abstract	A major challenge to the Doctrine of Double Effect (DDE) is the concern that an agent’s intention can be identified in such a fine-grained way as to eliminate an intention to harm from a putative example of an intended harm, and yet, the resulting case appears to be a case of impermissibility. This is the so-called “closeness problem.” Many people believe that one can address the closeness problem by adopting Warren Quinn’s version of the DDE, call it DDE, which distinguishes between harmful direct agency and harmful indirect agency. In this paper, I first argue that Quinn’s DDE is just as vulnerable to the closeness problem as the DDE is. Second, some might think that what we should therefore do is give up on intentions altogether and move towards some kind of non-state-of-mind, victim-based deontology. I shall argue against this move and explain why intentions are indispensable to an adequate nonconsequentialist theory. Finally, I shall propose a new way of answering the closeness problem.
Starting Page	849
Ending Page	863
Page Count	15
File Format	PDF
ISSN	18719791
Journal	Criminal Law and Philosophy
Volume Number	10
Issue Number	4
e-ISSN	18719805
Language	English
Publisher	Springer Netherlands
Publisher Date	2014-11-19
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Doctrine of Double Effect Closeness problem Warren Quinn Frances Kamm Victim-based deontology Intentions and permissibility Theories of Law, Philosophy of Law, Legal History Philosophy of Law Criminal Law Ethics
Content Type	Text
Resource Type	Article
Subject	Philosophy Law

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Double Effect and the Criminal Law

The Psychological Origins of the Doctrine of Double Effect

Comments on Doug Husak: The Low Cost of Recognizing (and of Ignoring) the Limited Relevance of Intentions to Permissibility

Kamm on Inviolability and Agent-Relative Restrictions

Introduction to the Special Issue on Deontology and the Criminal Law

The Costs to Criminal Theory of Supposing that Intentions are Irrelevant to Permissibility

Two Grades of Non-consequentialism

Violating Strict Deontological Constraints: Excuse or Pardon?

Appropriately Using People Merely as a Means

The Closeness Problem and the Doctrine of Double Effect: A Way Forward

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