The principle of double effect is based on the idea that there is a morally relevant difference between an "intended" consequence of an act and one that is foreseen by the actor but not calculated to achieve their motive. This distinction becomes clear when comparing different types of military actions, such as those of a tactical bomber versus a terror bomber. A tactical bomber engages in strikes on enemy military targets, knowing that some civilian casualties are a foreseen but unintended consequence. However, their intention is the military objective. In contrast, a terror bomber deliberately targets civilians to induce fear and achieve political objectives, making the harm to civilians the means to an end. While civilian casualties occur in both cases, the tactical bomber’s intention is not to cause harm, and the action itself is aimed at a legitimate military goal. Because advocates of double effect propose that consequentially similar acts can be morally different, double effect is most often criticized by consequentialists who consider the consequences of actions entirely determinative of the action's morality.
In their use of the distinction between intent and foresight without intent, advocates of double effect make three arguments. First, that intent differs from foresight, even in cases in which one foresees an effect as inevitable. Second, that one can apply the distinction to specific sets of cases found in military ethics (terror bombing/strategic bombing), medical ethics (craniotomy/hysterectomy), and social ethics (euthanasia). Third, that the distinction has moral relevance, importance, or significance.
A common application of the principle is in the use of opioids to treat pain, but which also hasten someone’s death, when treating imminently terminal patients.3
The doctrine consists of four conditions that must be satisfied before an act is morally permissible:
While some consequentialists may reject the Principle, Alison McIntyre states that "many criticisms of the principle of double effect do not proceed from consequentialist assumptions".7
Alyson Hoyt argues that the DDE should not be used in wartime due to its potential for misuse and the complexity of modern warfare. She claims while the DDE aims to justify actions with unintended harmful consequences, it can be easily manipulated to rationalize civilian casualties as mere "side effects" of military objectives. 8
A. Dirk Moses in his book The Problems of Genocide, writes that the doctrine of double effect is used to excuse the killing of civilians as collateral damage of military activity. He disputes that war can justify such killings, and questions why they should be considered more morally permissible than killing civilians for other reasons, such as genocide.9
Summa Theologiae, IIa-IIae Q. 64, art. 7 http://www.newadvent.org/summa/3064.htm#article7 ↩
T. A. Cavanaugh, Double-Effect Reasoning: Doing Good and Avoiding Evil, p.36, Oxford: Clarendon Press ↩
"BBC - Ethics - Euthanasia: The doctrine of double effect". https://www.bbc.co.uk/ethics/euthanasia/overview/doubleeffect.shtml ↩
Catholic University of America (1967). New Catholic Encyclopedia. Vol. 4 (1st ed.). New York: McGraw-Hill. p. 1021. ISBN 978-0-07-010235-4. OCLC 367202. Archived from the original on 2011-03-21. 978-0-07-010235-4 ↩
Mark Timmons, Moral Theory: An Introduction (Rowman & Littlefield 2003 ISBN 978-0-8476-9768-7), p. 80 /wiki/ISBN_(identifier) ↩
It is debated whether these formulations are equivalent, or whether one or the other suffers from difficulty in distinguishing when something is the means by which a good is achieved, and when merely a foreseen-but-undesired side-effect; see 4.2, "The Problem of Closeness", in [6]. ↩
McIntyre, Alison (2004-07-28). "Doctrine of Double Effect". Stanford Encyclopedia of Philosophy. /wiki/Alison_McIntyre ↩
Hoyt, Alyson (2004-07-28). "The Doctrine of Double Effect as an Ineffective Tool in War Theory". Stanford Encyclopedia of Philosophy. /w/index.php?title=Alyson_Hoyt&action=edit&redlink=1 ↩
Moses, A. Dirk (2021). The Problems of Genocide: Permanent Security and the Language of Transgression. Cambridge University Press. p. 2. ISBN 978-1-107-10358-0. 978-1-107-10358-0 ↩