Imagine that a pregnant mother wishes to avoid the burdens associated with pregnancy and finds a method to do this that leads to the death of the fetus. Further, imagine that this method, though including the cause of the death of the fetus, does not include the death of the fetus itself. I’m not sure that there’s a manner in which such an action can be carried out given the metaphysical facts of pregnancy. But at this stage, let’s just grant that it’s possible. How would R-PDE address such a case? Presumably this action could still be defeated via Prop.
If the death of the fetus contributes to the success of the mother’s plan to relieve herself of the burdens associated with pregnancy, then the death constitutes an accomplishment of her’s and is defeated by the Accomplishing criteria.
But: If the cause of the death of the fetus contributes to the mother’s plan to relieve herself of the burdens associated with pregnancy, then the death would not necessarily constitute an accomplishment of her’s. And this . . . sort of seems possible? Imagine that a doctor just removes, without killing, a non-viable fetus. The fetus dies shortly after on a table; but its death doesn’t seem to be an accomplishment of the mother’s, but merely the cause of its death.
Four responses: The last option would be defeated by Prop. A human life is not overruled, proportionally, by the burdens of pregnancy.
Second; relief of pregnancy is not the main reason given for women who are seeking abortions. The usual reason is the kid is seen as a burden himself.
Third; the methods used to accomplish the relief of the burdens of pregnancy do not usually just include the cause of the death of the fetus, but the death of the fetus itself. The fetus’s death *does* contribute to the success of the mother’s plan, and thus counts as an accomplishment of her’s, and not merely the cause of the death. The usual methods taken to “end the burdens of pregnancy” are inherently violent and include the death of the fetus as a means: It would be analogous to the case of a person who, rather than withdrawing the ventilator, shoots the person on the vent. It’s hard to argue that it isn’t part of one’s action plan for the human to die when such a direct means and method is taken.
Fourth: The action may violate NWO. We can’t, generally, accomplish an endangerment of another without having their consent
And, one sorta response that could be further developed: The crushing of the skull of the fetus, it’s brain, constitutes, in *this* case, the death of the fetus. This is a rendition of FitzPatrick’s “constitution” defense.
Other Difficult Cases:
One can knowingly cause an evil without being responsible for it in the sense of "responsibility" that implies culpability.
If I distribute a polio vaccine to all children, I may well know that some children will die of the vaccine. I thus cause some children to die, I know that I would be so causing it, and I cause it nonetheless. It seems I do knowingly cause the children to die. But I am not responsible in a sense that entails culpability. Why? Because I do not intend these deaths, either as an end or as a means (and the deaths are proportionate to the intended saving of life).
The fat man in the mouth of the cave: One intends to disperse particles but to not kill the man. But the fat man’s death would count as an accomplishment as it contributes to the success of one’s plan to escape the cave. So it violates R-PDE.
The fat man thrown in front of the trolley: Pruss originally holds that this is not wrong on account of a basic evil resulting, as one can accomplish the cause of the death without accomplishing the death itself. He thinks it violates the NWO condition, specifically in violating the person’s authority over themselves.
Jumping on the grenade: It’s wrong to intend to end one’s life, but it is permissible to intend to absorb an explosion (the cause of death) in order to save others.
The Trolley and redirecting: What one has accomplished is that the trolley takes a different path, which is not innately dangerous. It’s only dangerous when we add the fact that there is a person in the way, which is not part of one’s accomplishment, being incidental. This differs from the fat man and the trolley in that in throwing the man we have accomplished an innately dangerous situation, violating NWO.
Ectopic pregnancy: Standard RC teaching; permissible to remove tube with the child. Intending to remove danger of the tube with the death of the child being a foreseen consequence. Why is it not permissible to just kill the child?
Astronaut case: Two astronauts. Bomb will go off in air tank when unconscious astronaut reduces oxygen in tank to 20%. The conscious astronaut throws out the oxygen tank knowing this will kill the astronaut. Proximate source of danger: air tank. Distance source: His breathing. It seems right to say that it’s okay to throw the tank and wrong to shoot the astronauts lungs.
Having one’s heart removed to save another: This would be suicide, and not parallel to the grenade jumper, as the grenade jumper did not throw the grenade; but the heart-remover would be intending the surgery, which would be an analogue to the throwing of the grenade. This would probably count as “accomplishing” one’s own death.
The possibility test for intentions: (from Grisez) If it’s possible for some action to be fully successful without E occurring, then E is not intended. But that’s too strong, it seems; for it follows that the person who blows up the fat man in the cave was not intending death, as there’s a possible world in which God reduces the fat man to a single atom and yet the action is successful. Pruss (2020) thinks this really is true, and we cannot avoid the conclusion that it is possible to intend to blow the man in the mouth of the cave to single atoms without intending to kill him. But I am now inclined to think that an intention to kill is not a necessary condition for murder, and so the action could still be a murder.
If something follows invariably from an action that one intends, then that is also intended. (Koons/Aquinas). This rules out cutting off the heads of people too tall to fit the bed claiming that the intent is to shorten rather than kill. But this undermines the view that things that are intended are intended as either a means or an end.
Doing and refraining on PDE: Pruss holds that there’s a significant moral distinction between doing and refraining given PDE. To see this, consider: It seems PDE forbids throwing Hitler a life-preserver, but also forbids pushing him off a cliff. But maybe there’s more to it. In pushing, one’s purpose is that Hitler dies. In not throwing a life-preserver, one’s purpose would be to not violate PDE. All refrainings are intrinsically neutral. One’s purpose in withholding the life-preserver should not be to cause the death of Hitler, but to avoid the vast death.
But wait. I don’t know if the last paragraph can go through in light of the next section’s discussion of Strict Proportionality.
Strict Proportionality and an Application to the Abortion Case
This section relies heavily on this post: https://alexanderpruss.blogspot.com/2017/10/a-two-stage-view-of-proportionality-in.html
Intending to crush the skull but not kill the fetus: I think this is a possibility. Imagine that a doctor is practicing on a dead fetus and intends to crush the skull. He clearly has no intention to kill a fetus as the fetus is already dead. But then he realizes the fetus begins to move and is still alive. He takes this to be merely incidental to the plan, still intending to crush the skull but now merely foreseeing that the fetus will die. This seems possible, and so the action would not be defeated either by an Intention criteria nor an Accomplishment criteria. It seems Prop must do the work in forbidding the doctor’s action.
Here’s a relatively analogous case: Intending to shoot the shirt but not kill the man.
Strict Proportionality: The good effects that are casually downstream of the bad effect do not count. So, in the shirt-ripping case, the intended effect of knowing how a shirt rips when shot is not proportionate to the unintended effect of the person’s death, so is disallowed on this understanding of proportionality. The saving of the 5 is not allowed to be counted in the proportionality calculus as it is downstream from the bad effect.
How would this work in regards to jumping on the grenade? You intend to absorb kinetic energy in order to save the 5, the cause of your death. The bad effect is your death. Your death is independent of their being saved, but the cause of your death is not so independent. The cause of the death is neutral, but the death itself isn’t. The cause of your death is what saves the 5 and not your death.
So apply this to abortion: Imagine that the doctor intends to crush the skull to fit it through the birth canal but not to kill the fetus. The crushing of the skull is not necessarily constitutive of the death (see Pruss). Is the death of the fetus casually downstream of the crushed skull? Or is the death of the fetus independent of the crushing of the skull? It seems that it’s casually downstream and not so independent, as it is in the grenade case. In the grenade case, the saving of the 5 happens simultaneously or slightly before the death of the jumper. But the good effect of fitting through the birth-canal only happens downstream from the death of the fetus, so is disallowed on this understanding of proportionality.
Though, of course, fitting through the birth canal to relieve the burdens of pregnancy is just flat-out not proportionate to the death of a human and would be overruled even without Strict Proportionality, I think it’s useful to pursue this line of thought. And, of course, in usual cases of abortion, the mother and doctor are both just outright intending the death of the fetus as a means to some other lesser good, so is just outright murder.
But Strict Proportionality seems to require throwing Hitler a life-preserver. For in intending the good of preserving PDE, one foresees the bad consequence of Hitler’s death. But one is not allowed to count the good effects casually downstream of the bad effect; so one cannot count the saving of those in the Holocaust.