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One kind of negativity that plays an important role in our ordinary moral thinking is non-doing.
If something bad happens, the simplest way for us to avoid blame is to maintain that we didn’t
do it. And it seems we can maintain this defense even in cases where we could have prevented
the harm. For it is generally thought that there is an important distinction between doing a harm
and merely allowing the harm to occur, and that the former is worse than the latter, or requires
stronger reasons to justify. This commonsense view is known as the Doctrine of Doing and
Allowing.2 In this paper, I will focus on the distinction between doing and allowing that figures
in this commonsense view. That is, I will ask how the distinction between doing and allowing
should be understood insofar as we want to maintain that doing harm is worse than merely
allowing it.
It seems that, when we do harm, rather than merely allowing it, the harm depends on us, or
on our actions or behavior, in some distinctive way. But what kind of dependence is at issue
here? In the first section of this paper, I will consider three possible answers to this question: I
will consider the view that the dependence in question is counterfactual, the view that it is
probabilistic, and the view that it is causal. And I will argue that none of these views is
satisfactory. In the second section, I will argue that our judgments about doing and allowing are
complex, and that they are sensitive to a number of factors that are hard to explain on standard
conceptions of the distinction. Finally, in the third section, I will propose a fourth view of the
doing/allowing distinction, which I will call the explanatory relevance view. I will argue that
whether an agent counts as doing a given harm depends on the explanatory connection between
this harm and the agent’s motivations. I will argue that this view solves the problems facing the
alternative views, and that it makes sense of the complex set of factors to which our judgments of
doing and allowing are sensitive.
4
Similar cases are discussed in Woollard, 2012.
5
A somewhat similar case is discussed in Quinn, 1989.
6
Similar cases can be found in Woollard, 2015.
probabilistic. We will briefly consider this view in the next subsection, before turning to a more
plausible alternative.
1.2. The Probabilistic Dependence View
Perhaps what distinguishes the harms we do from the harms we merely allow is that the harms
we do depend probabilistically on our actions in a distinctive way. Thus, one might hold that we
count as doing harms when our actions raise the probabilities of these harms, or raise these
probabilities to a sufficient degree.
Unfortunately, this view runs into many of the same problems as the counterfactual view.
Like the counterfactual view, the probabilistic view gets the wrong results in preemption cases,
such as Terror Duo. For, in Terror Duo, Terrence clearly destroys the hospital, and hence does
harm to the hospital, in spite of the fact that the hospital’s destruction would have been just as
likely to occur if he had done nothing. And so it seems that, in pressing the button, Terrence does
harm to the hospital without raising the probability of this harm.
Second, like the counterfactual dependence view, the probabilistic view gets the wrong
results in cases like Raging Bull, in which an agent actively allows a harm to occur which would
not have occurred if the agent had done nothing. In moving out of the way of the bull, Wayland
significantly raises the probability of harm to Charlie, and yet it seems that Wayland merely
allows this harm to occur.
In addition, the probabilistic view faces further problems that are not shared with the
counterfactual dependence view. One problem arises from what we may call inert probability
raisers. Consider:
Fuse Malfunction: There is a bomb set up to destroy a hospital, and this bomb has two
fuses: one reliable fuse that has a 1% chance of malfunctioning, and one unreliable fuse
that has a 99% chance of malfunctioning. At the very same moment, Theresa lights the
reliable fuse and Terrence lights the unreliable one. Strangely, the reliable fuse lit by
Theresa malfunctions whereas the unreliable fuse lit by Terrence works and activates the
bomb.
In this case, Theresa does no harm to the hospital, and yet her action significantly raises the
probability of its destruction.
A final problem facing the probabilistic dependence view is what we may call the
directionality problem. For any two events A and B, A raises the probability of B whenever
Prob(B|A) > Prob(B), which is true whenever Prob(A|B) > Prob(A). In other words, the
probability-raising relation is symmetric: if A raises the probability of B, then B raises the
probability of A. And this creates problems for the probabilistic view of the doing-allowing
distinction, as can be illustrated by the following case:
Ironing Incident: Suppose Ira likes ironing his clothes. He is very skillful at doing so, and
almost never burns his finger. However, he keeps a bowl of water on the ironing board,
and, on the very rare occasions when he does burn his finger, he dunks his finger into
the water to cool it off. Under no other circumstances does he dunk his finger in the
water.
In this case, the unconditional probability of Ira’s burning his finger is very low, whereas the
probability of his doing so conditional on his dunking his finger into the water is 100%. Thus,
Ira’s dunking his finger into the water significantly raises the probability of his burning his
finger. And yet the harm to his finger was not done by dunking his finger into the water.
Thus, the probabilistic dependence view, like the counterfactual dependence view, faces
numerous difficulties. Perhaps we can solve these problems by moving to the causal dependence
view.
1.3. The Causal Dependence View
What do all the counterexamples we have considered have in common? It appears that they are
all cases in which counterfactual or probabilistic dependence comes apart from causal
dependence. Consider, first, the counterexamples to the counterfactual view. In Terror Duo,
Terrance’s behavior causes the destruction of the hospital, even though this destruction does not
depend counterfactually on his action. Similarly, in Bad Uncle, Gian’s behavior causes his
neice’s death, despite the fact that there is no action of his on which her death counterfactually
depends. And, in Raging Bull, Charlie’s death depends counterfactually on Wayland’s action,
and yet it seems that Wayland does not cause Charlie’s death. Rather, the bull causes Charlie’s
death, and Wayland simply avoids using his causal influence to prevent Charlie’s death.
Next, consider the additional counterexamples facing the probabilistic dependence view. In
Fuse Malfunction, Theresa’s lighting her fuse raises the probability of the hospital’s destruction,
but it does not cause this destruction. Similarly, in Ironing Incident, Ira’s dunking his finger in
the water raises the probability of his burning his finger, but it does not cause his finger to burn.
And so it seems that, in all the cases we’ve considered in which the counterfactual and
probabilistic dependence views seem to get things wrong, they do so because these kinds of
dependence come apart from causal dependence. And this suggests that the doing/allowing
distinction should instead be understood in terms of causal dependence, as follows:
Causal Dependence View: S counts as doing harm H just in case S causes H through S’s
voluntary behavior.7
Note that it’s important to add the qualification “through S’s voluntary behavior” in order to rule
out cases like the following:
Hulkamania: Hulk Hogan is fighting Andre the Giant and Sergeant Slaughter. Slaughter is
already on the ground, and Hogan picks up Andre and body-slams him onto Slaughter,
breaking Slaughter’s ribs.
7
Views of this kind are defended in Callahan, 1989, and in Aqvist and Mullock, 1989.
In this case, there is a clear sense in which Andre causes the breaking of Slaughter’s ribs. Even
so, since Andre’s voluntary behavior plays no role in Slaughter’s harm, Andre does not do the
harm to Slaughter.
Prima facie, the causal view of the doing/allowing distinction seems very plausible. But I
will argue that it must nonetheless be rejected. For a major problem with the causal view is that it
cannot make sense of cases in which an agent does a harm by causing another agent to merely
allow this harm. Consider, for example, the following case:
Heat Ray: Hanna is hanging from a chain over the edge of a cliff. Helda is holding the
chain and attempting to pull Hanna to safety. Heather, however, wants Hanna to fall
from the cliff, and so she fires her heat ray at the chain right where Helda is holding it.
As the pain becomes very intense, Helda lets go of the chain, and Hanna falls to her
death. (Assume that, while the pain is very intense, it doesn’t make it impossible for
Helda to continue holding the chain. Thus, assume that Hanna’s release of the chain is
under her voluntary control.)
It seems clear that, in this case, Heather kills Hanna by causing Helda to let Hanna die. But the
causal theorist cannot allow for this. For, according to the causal dependence view, to kill Hanna
is simply to cause Hanna’s death. Hence, on this view, if Heather kills Hanna by causing Helda
to let her die, then Heather must cause Hanna’s death by causing Helda to let her die. But for
this to be true, there would have to be a chain of causation proceeding from Heather’s firing the
heat ray to Helda’s letting go of the chain to Hanna’s death. Hence, Helda’s letting go of the
chain would need to cause Hanna’s death. And this would imply, according to the causal view,
that Helda killed Hanna. Thus, the causal dependence theorist cannot consistently maintain that
Heather killed Hanna by causing Helda to let her die.
The Heat Ray case creates problems not only for the simple causal dependence view of the
doing/allowing distinction that we have been discussing, but also for more sophisticated views
with a similar structure. For example, it creates problems for the view proposed by Fiona
Woollard (2015). On Woollard’s view, “an agent counts as doing harm if and only if a fact about
the agent’s behavior is part of the sequence leading to the harm” (p. 35). Woollard provides a
very sophisticated account of what it is for a given fact to count as “part of the sequence leading
to the harm.” But the details of this account don’t matter for our purposes. For, regardless of how
this sequence is defined, the Heat Ray case presents Woollard’s view with a dilemma.
Here’s the dilemma. Either Helda’s releasing the chain is part of the sequence leading to
Hanna’s death, or it isn’t. If it is part of the sequence, then a fact about Helda’s behavior is part
of the sequence leading to Hanna’s death, and so Woollard’s view implies that Helda killed
Hanna, contrary to intuition. Suppose, on the other hand, that Helda’s releasing the chain is not
part of the sequence leading to Hanna’s death. Now there is no plausible candidate for “the
sequence leading to Hanna’s death” that includes Heather’s firing the heat ray but that does not
include Helda’s releasing the chain. Consequently, if Helda’s releasing the chain is not part of
the sequence leading to Hanna’s death, then Heather’s firing the heat ray is likewise not part of
this sequence. And so Woollard’s view has the counterintuitive implication that, in behaving as
she does in this scenario, Heather does not kill Hanna.
I have argued that we should reject the causal dependence view of the doing/allowing
distinction because it does not allow for the possibility of doing a harm by causing someone to
merely allow this harm. In the next section, I will argue that the causal dependence view faces
another problem as well. The problem is that, if the causal dependence view were true, then
whether an agent does a harm would depend solely on whether the agent’s voluntary behavior
caused the harm. Consequently, only factors bearing on the causal relation between the agent’s
behavior and the harm could affect the doing/allowing distinction. However, as I will argue
presently, whether an agent counts as doing harm depends on number of other factors.
8
For a sophisticated discussion of the relevance of ownership to the doing/allowing distinction, see McMahan,
1993.
A second factor that seems to influence our judgements of doing versus allowing harm concerns
the agent’s prior obligations to the victim. In particular, other things being equal, we are more
inclined to judge that an agent harms a victim if the agent has a prior obligation to protect the
victim from the harm in question. As an illustration, consider the following pair of cases:
Promise: A tells B that A is about to travel by boat to his vacation home in Antarctica. B
wants to come along, but fears that she will die of starvation and exposure. And so B
says “if I come with you, do you promise to provide food and shelter?” A agrees, and so
B travels with A to his home in Antarctica. But when they arrive, A refuses to provide B
with food and shelter. And so B dies.
No Promise: As before, A tells B that he is heading to his vacation home in Antartica, and
B wants to come along. This time, however, B has the false and unwarranted belief that
A will do precisely the opposite of whatever he says he will do. And so B says to A “if I
come with you, do you promise to provide good and shelter?” Then A replies “I will
absolutely not provide food and shelter.” And, because of B’s peculiar belief about A, B
infers that A will provide food and shelter. And so B travels with A to his home in
Antarctica. However, As A warned B he would do, A he refuses to provide B with food
and shelter. And so B dies.
In Promise, it seems more like A kills B, whereas, in No Promise, it seems more like A merely
allows B to die. Note that, in both cases, A’s behavior appears to stand in the same causal
relation to B’s death. In both cases, A makes an utterance, and this utterance motivates B to
come with A to Antartica. And in both cases, upon their arrival, A refuses to provide B with food
and shelter, and so B dies. The difference between the two cases is not causal, but moral. In
Promise, A’s promise to B generates a moral obligation to protect B from certain kinds of harm,
and when this obligation is violated, it seems that A harms B. And so it seems that our judgments
of doing and allowing are influenced by prior obligations to protect.
2.3 Intentionality of Harm
A third factor that seems to influence our judgments of doing versus allowing harm concerns the
motivation of the agent. In particular, other things being equal, we are more inclined to judge
that an agent does a given harm to a victim if the agent behaves in the way she does in order that
the victim should undergo this kind of harm. As an illustration, consider the following pair of
cases:
Unintended Harm: A is the grandson of B. One day, they are watching the news together,
and they see a story about a grandmother and grandson who attempt to cross the English
Channel together, with the grandson swimming and the grandmother holding onto him
for support. Sadly, they were unsuccessful, and the grandmother perished. Fearing that
his own grandmother might be tempted to try the same feat with him, A says to B: “that
is definitely not something we should try!” Unfortunately, since B is highly
countersuggestible, A’s warning has the opposite of the intended effect, and B begs A to
swim across the English Channel with her in a similar manner. A fears that he won’t
have the strength to pull his grandmother all the way across the Channel and that,
without his support, she may die. However, since her heart is set on the journay, he
reluctantly agrees. Just as he feared, as he crosses the channel supporting her, he
eventually reaches the point where it seems extremely unlikely that he could make it the
rest of the way supporting her, and where it seems like attempting to do so would result
in both drowning. At that point, he abandons her and swims the rest of the way alone.
Unable to swim on her own, B drowns.
Intended Harm: There is nothing A desires more than the death of his grandmother, B. But
he doesn’t want to be charged with murder, and so he needs to find a way to avoid being
blamed for her death. One day, he finds the perfect solution. He and his grandmother are
watching the news together, and they see a story about a grandmother and grandson who
unsuccessfully attempt to cross the English Channel together. Hoping to implant the idea
in her mind, he says “that is definitely not something we should try!” To his delight, she
takes the bait. Being highly countersuggestible, she begs him to swim across the English
Channel with her. Feigning reluctance, he agrees. His plan is to abandon her during the
journey and leave her to drown. However, he fears he may be observed, and so he
decides he will abandon her only if and when he reaches the point where it seems
extremely unlikely that he could make it the rest of the way supporting her, and where it
seems like attempting to do so would result in both drowning. To his delight, he does
indeed reach such a point. Hence, in accordance with his plan, he abandons B and swims
the rest of the way alone. Unable to swim on her own, B drowns.
The first case seems more like a case of letting die, while the second seems more like a case of
killing. Note that these two cases differ only with respect to A’s motivations. In Intended Harm,
A did what he did in order that B should die, whereas, in Unintended Harm, A did what he did
for other reasons. Hence, our judgments of doing vs. allowing harm seem to be affected by
whether the agent intended the harm in question.
2.4 Deliberateness of Behavior
A fourth factor that seems to influence our judgments of doing versus allowing harm concerns
the deliberateness of the behavior resulting in the harm. In particular, other things being equal,
we are more inclined to judge that an agent does a given harm to a victim if the harm resulted
from behavior that the agent engaged in deliberately rather than carelessly or accidentally. As an
illustration, consider the following pair of cases:
Deliberate: A is told that, if he hunches his shoulders at any time in the next day, a bomb
will go off killing B. And he knows that, if he set his mind to it, he could avoid hunching
his shoulders by continuously focusing on keeping them back. However, he also knows
that he will soon be auditioning for the role of the hunchback of Notre Dame. And so, in
order to prepare for the audition, he hunches his shoulders, fully aware that doing so will
result in the detonation of the bomb. Consequently, the bomb goes off, and B dies.
Careless: As in the previous case, A knows that, if he hunches his shoulders at any time in
the next day, a bomb will go off killing B. And he also knows that he can avoid this by
continuously focusing on keeping his shoulders back. As the day goes on, however, he
begins thinking about a philosophy paper he is working on, and he becomes more and
more absorbed by the dialectic. Eventually, while pondering a particularly thorny issue,
he begins to hunch his shoulders. Consequently, the bomb goes off and B dies.
In Deliberate Action, it seems more like A kills B, whereas in Careless Action it seems more like
A merely lets B die. And the relevant difference appears to be that, in Deliberate Action, A acts
deliberately, whereas, in Careless Action, A acts carelessly or accidentally. And so this factor
appears to influence our judgments about doing versus allowing harm.
2.5 Latitude
One further factor that seems to influence our judgments of doing versus allowing harm concerns
the specificity of the type of action required to avoid the harm. In particular, other things being
equal, we are less inclined to judge that an agent does harm to a victim if, in order to avoid the
harm, the agent would need to act in some highly specific manner. As an illustration, consider
the following pair of cases:
Anything But “My Way”: Like the previous case, except this time the Mafioso tells A that,
in order to avoid the detonation of the bomb, he may sing any song other than “My
Way.” Nonetheless, when A appears on stage, he sings “My Way.” Consequently, the
bomb goes off and B dies.
“My Way” or the High Way: A is a jazz singer with a repertoire of 100 songs. Just as A is
walking to the stage to perform, a Mafioso tells him that, unless he sings “My Way,” a
bomb will go off killing B. Nonetheless, when A appears on stage, he sings “New York,
New York.” Consequently, the bomb goes off and B dies.
The first case, where A insists on playing the one song he knows will result in B’s death, seems
more like a case of killing than the second case, where A simply refuses to play the one song
demanded by the Mafioso. Here the relevant difference seems to be that there are far more ways
in which the agent can avoid the harm in the first case than in the second. And so our judgments
of doing and allowing appear to be sensitive to this kind of difference.
I have mentioned five anomalous factors that appear to affect our judgments of doing versus
allowing harm. I expect, however, that there are many more anomalous factors affecting our
judgments besides these. In particular, I believe that, when an agent acts in such a way that a
harm results, other things being equal, we are more inclined to judge that the agent did the harm
when any of the following obtain:
(i) The action required significant effort;
(ii) The action involved a change in the agent’s behavior;
(iii) The action was unusual or non-standard;
(iv) At the time of the action, the agent was aware of the harm that would result from it;
(v) At the time of the action, the agent was aware of an alternative that would avoid this
harm.
Furthermore, I believe that, other things being equal, we are less inclined to judge that the agent
did the harm when:
(i) Preventing the harm would have required significant effort;
(ii) Preventing the harm would have required a change in the agent’s behavior;
(iii) Preventing the harm would have required behaving in an unusual or non-standard way;
(iv) Preventing the harm would have been costly for the agent.
I expect the list of relevant factors could be extended still further. I will not, however, discuss
any of these additional factors here. The five factors I have already discussed and illustrated
suffice to show that our judgments of doing and allowing have a complexity that the causal view
cannot account for. In the next section, I will propose an alternative view that does a better job
accounting for them.
3.3 Why the Explanatory Relevance Account Shares the Advantages of the Causal View
We saw, in §1.1 and §1.2, that the counterfactual and probabilistic views face a number of
counterexamples. And we saw, in §1.3 that the causal view avoids these counterexamples. I will
now argue that the explanatory relevance view can avoid these counterexamples in a similar
manner, since, in the cases in question, we should expect the causal and explanatory relevance
views to have similar implications.
The counterexamples to the counterfactual and probabilistic views are of two kinds. First,
there are cases where these views falsely predict that the agent does harm, and, second, there are
cases where these views falsely predict that the agent does not do harm. Counterexamples of the
first kind, in which the theory falsely predicts that the agent does harm, include Raging Bull,
Fuse Malfunction, and Ironing Incident. In each of these cases, it is clear that the agent does not
do the harm either because the agent’s behavior plays no role whatsoever in bringing about the
harm (as in Fuse Malfunction and Ironing Incident) or because the agent’s behavior plays very
little role in bringing about the harm (as in Raging Bull). But if the agent’s behavior plays little
or no role in bringing about the harm, then the explanatory relevance of the agent’s behavior to
the harm will be very low. And since the agent’s motives are explanatorily relevant to the harm
only through the mediation of the agent’s behavior, it follows that if the agent’s behavior has
very little relevance to the harm, then the agent’s motivations cannot have a high degree of
explanatory relevance to the harm. And so, in all these case, the explanatory relevance view will
imply that the agent does not do the harm.
Next, consider the counterexamples in which the counterfactual and probabilistic
dependence views falsely imply that the agent does not do the harm. These counterexamples
include Terror Duo and Bad Uncle. In each of these cases, it is clear that the agent does the harm
because, first, it is clear that the agent’s behavior is a major cause of the harm, and, second, it is
clear that the agent’s behavior is under the agent’s voluntary control. But in any case in which it
is clear that the agent’s behavior is a major cause of the harm, the agent’s behavior will be highly
explanatorily relevant to the harm. And in any cases in which it is clear that the agent’s behavior
is under the agent’s voluntary control, the agent’s motivations will be highly explanatorily
relevant to the behavior. And if the agent’s motivation is highly explanatorily relevant to the
agent’s behavior, and if the latter is highly explanatorily relevant to the harm, then it follows
from the Transitivity Principls that the agent’s motivation is highly explanatorily relevant to the
harm. And so the explanatory relevance view implies that the agent does the harm.
Thus, in all the counterexamples to the counterfactual and probabilistic views, the
explanatory relevance view agrees with the causal view, and so it gets the right results.
What are the cases in which the causal dependence and explanatory relevance views will
come apart? If both the connection between the motivation and the behavior, and the connection
between the behavior and the harm, are sufficiently strong, hen both theories will imply that the
agent does the harm. And if either the connection between the motivation and the behavior, or
the connection between the behavior and the harm, is sufficiently weak, then both theories will
imply that the agent does not do the harm. Hence, in order for the two theories to come apart,
either the motivation must have an intermediate degree of influence over the behavior, or else the
behavior must have an intermediate degree of influence over the harm. And it is in cases of these
kinds, as we will see in the next section, that the explanatory relevance theory does a better job
than the causal theory.
3.4 How the Explanatory Relevance View Solves the Problems Facing the Causal View
In §1.3 and §2, we saw two problems facing the causal view of the doing/allowing distinction.
First, this view does not allow for the possibility of doing a harm by causing another agent to
merely allow this harm. Second, this view cannot account for the variety of factors to which our
judgments of doing and allowing appear to be sensitive. In this final subsection, I will show how
the explanatory relevance theory can solve both these problems, beginning with the second.
For any two cases that each involve an agent, a voluntary behavior, and a harm, if the agent
does the harm in the first case but the agent merely allows the harm in the second case, then it
follows from the explanatory relevance view that the agent’s behavior is more relevant to the
harm in the first case than in the second. The principles of Sensitivity and Security allow us to
distinguish two reasons why this might be so:
(1) The harm is more sensitive to the agent’s motivation in the first case.
(2) The agent’s motivation secures the harm to a greater degree in the first case.
Moreover, given that the agent’s motivations are relevant to the harm through the mediation of
the agent’s behavior, we can distinguish three reasons why (1) might be true:
1A. The agent’s behavior is more sensitive to her motivation in the first case.
1B. The harm is more sensitive to the agent’s behavior in the first case.
1C. There is a greater sensitivity of the harm to the agent’s motivation in the first case, in a
way that cannot be explained simply as the result of 1A or 1B or both together.
Similarly, we can distinguish three reasons why (2) might be true:
2A. The agent’s motivation secures the agent’s behavior more in the first case.
2B. The agent’s behavior secures the harm more in the first case.
2C. The agent’s motivation secures the harm more in the first case, in a way that cannot be
explained simply as the result of 2A or 2B or both together.
Thus, these six possibilities represent six ways in which we could explain why, in a given pair of
cases, the agent counts as doing the harm in the first case and as merely allowing the harm in the
second case.
Typicaly, if possibility 2B obtains, then the two cases will differ with respect to the causal
connection between the agent’s behavior and the harm. Consequently, both the explanatory
relevance view and the causal view can explain why the two cases differ with respect to the
doing/allowing distinction. However, as I will now argue, if any of the other five possibilities
obtains apart from 2B, then the explanatory relevance view has the upper hand. For I will argue
that these five ways in which cases can differ with respect to the explanatory relevance of the
motivation to the harm correspond to the five anomalous factors discussed in §2. Thus, the
explanatory relevance theory is able to explain the relevance of these factors where the causal
theory cannot.
To see this, let us consider, in turn, the five anomalous factors discussed in §2. Recall that,
in that section, I argued for the following claim:
Latitude Principle: Other things being equal, we are less inclined to judge that an agent
does a given harm to a victim if, in order for the agent to avoid this harm, the agent
would need to act in some highly specific manner.
And recall that we illustrated this principle by comparing Anything but “My Way,” where the
agent could have prevented the bomb from going off by singing almost any song in his
repertoire, with “My Way” or the High Way, where the agent could have prevented the bomb
from going off only by singing “My Way.” Note how this pair of cases instantiates possibility
1B: the harm is more sensitive to the agent’s behavior in Anything but “My Way.” For, in this
case, if the agent were to change which song he sings in any way whatsoever, the harm would
have been averted. In general, the more latitude an agent has in preventing a harm, the smaller is
the range of possible behaviors that would result in the harm, and so the smaller is the shift in
behavior that suffices to prevent the harm. Thus, in general, where a harm results from an agent’s
behavior, the greater the agent’s latitude in preventing the harm, the more sensitive is the harm to
the agent’s behavior. And so, in general, pairs of cases to which the Latitude Principle applies
will be pairs of cases illustrating possibility IB: the harm will be more sensitive to the agent’s
behavior in the case where the agent has more latitude in preventing the harm. Thus, the
explanatory relevance view can make sense of why latitude matters to the doing/allowing
distinction.
A second claim I argued for in §2 is the following:
Independent Prohibitions Principle: Other things being equal, we are more inclined to
judge that an agent does a given harm in behaving in a given way if the behavior in
question violates a moral requirement independently of its relation to the harm.
Recall that we illustrated this principle by comparing Belongs to Victim, where the agent takes
the medicine belonging to the victim, with Belongs to Agent, where the agent takes his own
medicine. Note that this pair of cases instantiates possibility 1A: the behavior is more sensitive to
the agent’s motivational state in Belongs to Victim than in Belongs to Agent. For, in Belongs to
Victim, any agent who cares more about avoiding theft than about any competing consideration
would avoid taking the medicine. By contrast, in Belongs to Agent, any level of concern for
avoiding theft is compatible with the agent’s taking the medicine. And so a greater range of
possible motivational states is compatible with taking the medicine in Belongs to Agent than in
Belongs to Victim. It follows that, in Belongs to Victim, the behavior of taking the medicine is
more sensitive to the agent’s motivational state.
In general, other things being equal, if an action violates an independent moral requirement
in a first case, but not in a second case, then the action will be compatible with a smaller range of
motivational states in the first case than in the second. For, in the first case, the action will be
incompatible with motivational states that give more weight to satisfying the moral requirement
than to any competing consideration. Consequently, other things being equal, if an action
violates an independent moral requirement, it will be more sensitive to the agent’s motivations.
And so, in general, pairs of cases to which the Independent Prohibitions Principle applies will be
pairs of cases illustrating possibility IA: the agent’s behavior will be more sensitive to the
agent’s motivational state in the case where the behavior violates an independent moral
requirement. Thus, the explanatory relevance view can make sense of why independent
prohibitions matter to the doing/allowing distinction.
A third claim I argued for in §2 is the following:
Prior Obligation to Aid Principle: Other things being equal, we are more inclined to judge
that an agent does a given harm to a given victim when the agent has a prior obligation
to protect the victim from this kind of harm.
Recall that we illustrated this principle by comparing Promise, where the agent promises to
provide aid and then fails to provide it, with No Promise, where the agent fails to provide aid
after making no such promise. Note that this pair of cases instantiates possibility 1C: the harm is
more sensitive to the agent’s motivation in Promise than in No Promise, and this difference
cannot be explained purely in terms of the greater sensitivity of the harm to the behavior or of the
behavior to the motivation. The harm is more sensitive to the agent’s motivation in Promise than
in No Promise because, in Promise, anyone who cares more about promissory obligation than
about any competing considerations would provide the promised aid. By contrast, in No Promise,
any level of concern for promisory obligation is compatible with failing to provide the aid.
Moreover, the greater sensitivity of the harm to the agent’s motivational state in Promise cannot
be explained purely in terms of the greater sensitivity of the harm to the agent’s actual behavior
or of the agent’s actual behavior to the agent’s motivational state. For, in Promise, it isn’t just the
agent’s actual behavior that is compatible with only a narrow range of possible motivational
states. Rather, any behavior resulting in the harm would be compatible with only a narrow range
of possible motivational states.
In general, in any two cases in which an agent fails to avoid a harm, other things being
equal, if the agent has a prior obligation to protect the victim from this kind of harm in the first
case but not in the second case, then the harm is more sensitive to the agent’s motivational state
in the first case than in the second. And this greater sensitivity will be irreducible. For, in the
case where the agent has the prior obligation to avoid the harm, any behavior resulting in the
harm will be compatible with a smaller range of possible motivational states. And so, in general,
pairs of cases to which the Prior Obligation to Aid Principle applies will be pairs of cases
instantiating possibility IC. Thus, the explanatory relevance view can make sense of why prior
obligations to protect matter to the doing/allowing distinction.
A fourth claim I argued for in §2 is the following:
Deliberateness of Behavior Principle: Other things being equal, we are more inclined to
judge that an agent does a given harm to a victim if the harm resulted from behavior that
the agent engaged in deliberately rather than carelessly or accidentally.
Recall that we illustrated this principle by comparing Deliberate, where the agent deliberately
hunches his shoulders, with Careless, where the agent does so carelessly. Note that this pair of
cases instantiates possibility 2A: the motivation secures the behavior to a greater degree in
Deliberate than in Careless. For, if the agent in the example, A, is deliberately hunching his
shoulders, then he has an intention whose function is to guide his behavior in such a way as to
ensure that he hunches his shoulders. Thus, he monitors his behavior, and he is disposed to
correct this behavior whenever it begins to deviate from his intention. Hence, holding fixed the
agent’s motivational state, including his intention to hunch his shoulders, he could not easily
have failed to hunch his shoulders. And so his motivation secures his behavior to a high degree.
By contrast, when the agent hunches his shoulders carelessly, there is no such mechanism in
place to ensure that he hunches her shoulders. And so, other things being equal, he could more
easily have failed to hunch his shoulders. Thus, his motivational state secures his behavior to a
lesser degree.
In general, other things being equal, if an agent’s behavior is deliberate in a first case but
careless or accidental in a second case, then the agent’s motivational state will secure her
behavior to a greater degree in the first case than in the second. Thus, in general, pairs of cases to
which the Deliberateness of Action Principle applies will be pairs of cases illustrating possibility
2A. Thus, the explanatory relevance view can make sense of why deliberateness of action
matters to the doing/allowing distinction.
A final claim I argued for in §2 is the following:
Intentionality of Harm Principle: Other things being equal, we are more inclined to judge
that an agent does a given harm to a victim if the agent behaves in the way she does in
order that the victim should undergo this kind of harm.
Recall that we illustrated this principle by comparing Intended Harm, where the grandson did
what he did in order that his grandmother should die, with Unintended Harm, where the
grandson did what he did for other reasons. Note that this pair of cases instantiates possibility
2C: the motivation secures the harm to a greater degree in Intended Harm, and this is not simply
because the motivation secures the behavior more or because the behavior secures the harm
more. The motivation secures the harm more in Intended Harm because, if the agent acts in
order that his grandmother should die, then he has an aim in place which involves a general
tendency to act in ways that promote his grandmother’s death. By contrast, if he isn’t aiming at
his grandmother’s death then, other things being equal, he will have less of a general tendency to
act in ways that promote her death, and so he could more easily have failed to act in such ways.
Thus, his motivational state will secure the death of his grandmother to a greater degree in the
case where he aims at her death.
Moreover, the greater degree to which A’s motivation secures the harm cannot be explained
purely in terms of the greater degree to which his motivation secures his behavior or his behavior
secures the harm. For, having the aim that his grandmother should die needn’t secure any
particular course of action. If there are several alternative courses of action that would promote
his grandmother’s death to an equal degree, and that are otherwise equally desirable, then what
his aiming at his grandmother’s death will secure is not that he engages in any one of these
courses of action in particular, but rather that he engages in some course of action or other that
promotes his grandmothers death. Hence, his aiming at his grandmother’s death may secure the
harm to a greater degree than it secures any particular behavior.
In general, in any two cases in which an agent’s behavior results in a harm, other things
being equal, if the agent aims at the harm in the first case but not in the second, then the agent’s
motivations will secure the harm to a greater degree in the first case than in the second, and this
increased securing will be irreducible. Hence, in general, pairs of cases to which the
Intentionality of Harm Principle applies will instantiate possibility 2C. Thus, the explanatory
relevance view can make sense of why the intentionality of harm matters to the doing/allowing
distinction.
Thus, we have explained all five anomalous factors discussed in §2 by appealing different
ways in which an agent’s motivational state can be more or less explanatorily relevant to a harm.
This is summarized in the following table:
And recall that the remaining possibility, 2B, corresponds to cases that can be explained equally
by the explanatory relevance view and by the causal view.
Note that, while the table above includes only one anomalous factor corresponding to each
of the possibilities in the left column, this was done only for the sake of brevity, and the table
could be expanded to include more than one factor per possibility. As I mentioned at the end of
§2, I believe there may be numerous other anomalous factors, apart from the five listed above,
that can affect our judgments of doing vs. allowing harm. And I believe that the framework I
have laid out has the potential to explain the relevance of these other factors as well. I will not,
however, endeavor to show this here.
Instead, I will conclude by showing how the explanatory relevance view solves the
structural problem facing the causal view. We saw that the causal view cannot allow for the
possibility that an agent does a harm by causing someone else to merely allow this harm, as in
the following case:
Heat Ray: Hanna is hanging from a chain over the edge of a cliff. Helda is holding the
chain and attempting to pull Hanna to safety. Heather, however, wants Hanna to fall
from the cliff, and so she fires her heat ray at the chain right where Helda is holding it.
As the pain becomes very intense, Helda lets go of the chain, and Hanna falls to her
death.
In this case, it seems that Heather kills Hanna by causing Helda to let Hanna die. The
explanatory relevance theorist could offer the following explanation of how this could be so. If
we consider the space of possible human motivational states, a wide range of them are
compatible with acting in the manner in which Helda acts in this scenario—only the saint, the
hero, or the masochist would act otherwise. By contrast, a much narrower range of motivational
states is compatible with acting in the manner in which Heather acts. Consequently, Heather’s
behavior is much more sensitive than Helda’s behavior to their respective motivational states.
Consequently, the harm to Hanna is much more sensitive to Heather’s motivational state than it
is to Helda’s motivational state. Accordingly, Heather’s motivational state has greater
explanatory relevance than Helda’s motivational state to Hanna’s death. And it is for this reason
that Heather counts as killing Hanna whereas Helda counts as merely letting her die.
I have argued that what distinguishes the harms we do from the harms we merely allow is
that the former are more tightly connected to our motivations. If this is right, then it would imply
that the harms we do reflect more on our character than do the harms we merely allow. And this,
in turn, could explain why the harms we do can reflect on us worse. And so the explanatory
relevance account may not only help us to distinguish between doings and mere allowings, but it
might also help us to understand why this distinction matters. This, however, would require
further investigation.
References
Åqvist, Lennart and Philip Mullock. 1989. Causing Harm: A Logico-Legal Study, Berlin: Walter
de Gruyter.
Callahan, Daniel. 1989, “Killing and Allowing to Die.” The Hastings Center Report, Volume 19.
Donagan, Alan. 1977. The Theory of Morality, Chicago: The University of Chicago Press.
McMahan, Jeff. 1993. “Killing, Letting Die and Withdrawing Aid.” Ethics, 103: 250.
Quinn, Warren. 1989. “Actions, Intentions, and Consequences: The Doctrine of Doing and
Allowing.” Philosophical Review, 98 (3): 287.
Rickless, Samuel. 1997. “The Doctrine of Doing and Allowing,” The Philosophical Review, 106
(4): 555.
Sartorio, Carolina. Responsibility and the Metaphysics of Omissions. This volume.
Woollard, Fiona. 2012. “The Doctrine of Doing and Allowing II: Relevance of the
Doing/Allowing Distinction.” Philosophy Compass, 7(7): 459
–––. 2015. Doing and Allowing Harm, Oxford: Oxford University Press.