Abortion - DOUBLE EFFECT questions

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(This notion of “intention” should not be confused with the garden variety of intention familiar to normal people. It’s an inventive recasting of that enables you to label the foreseen consequences of your actions as “unintended”. “If you attack me with that knife, I will kill you with this gun - unintentionally of course!”)
Hmm, can’t agree with you there.

Even criminal law, which doesn’t concern itself overly much with the deep moral underpinnings of bad actions, recognizes a difference between foreseen and intended consequences. If I do something stupid (or fail to do something sensible) that I ought to know will get people hurt, that’s reckless or negligent endangerment/homicide. If I kill someone because I want him dead, that’s murder (or maybe manslaughter if I was crazy emotional at the time).
This goes directly to your second point. I agree that an important “question to be asked for the purposes of double effect is whether the death of the aggressor is the actual goal or merely a likely but undesired result.” The goal or intention must be self-defence, saving the pregnant woman’s life, preventing the spread of aids, reducing the pain suffered by a dying patient etc… Directing our will towards the “correct” intention is easy (too easy if you ask me, but that’s just another problem with Double Effect.) I acknowledge that many situations would enable you to shoot the knife attacker in the leg or the abdomen and achieve effective self-defence. The problem lies with those situations where the only way you can be sure of saving yourself is to deliver a lethal shot. That might be a minority of situations, but they exist.
Nope, I’m not talking about “deliberately shooting to wound” (which, as I understand it, is a profoundly stupid thing to try in a life or death situation). I am saying that I can shoot a guy center mass and not be intending his death as my end. What I want is for him to stop attacking me, which is proven by the fact that if he runs away when I draw the gun or shoot and miss, I sink to the ground relieved rather than chasing him to make sure he dies for the offense of scaring me. (And if I did give chase, it would stop being self-defense at that point both morally and legally.)

It’s actually kind of hard to know for sure that you are taking a lethal shot, especially if the other guy is moving around. It’s even harder with a knife, which certainly can kill in one strike but usually requires multiple ones even for deliberate murder. Thus, I would not agree that there are times when knowingly killing the other person is the only alternative. You have to be willing to kill the other person if you are engaging in violent self-defense at all,especially with a firearm – one of the big rules of gun safety is that you do not point a gun at anything you are not willing to see destroyed – but the likelihood that you will consciously decide “this guy’s death is the only thing that will discourage him” is low.
The two conditions that moral theologians most often tie themselves in knots over are the first, that an act must be good or morally neutral “in itself”, and the third condition that the bad effect must not be the means to the good effect. Both sound good on paper, but theologians have failed dismally to apply them consistently across the broad range of issues I mentioned above.
That moral theologians have failed at applying the concept does not make the concept itself a bad one.

Usagi
 
The difference between murder and homicide is intent and circumstances. A priori classifying abortion as murder means that circumstances are ignored. It’s an exercise in circular reasoning. Abortion is an intrinsic evil because it cannot be licit in any circumstances; it cannot be licit, because it is an intrinsic evil.

However, this is irrelevant, because Catholic Church does not view abortion as murder/homicide. As per CCC 2271 it is a crime separate from homicide, and, contrary to homicide, cannot be excused under any circumstances – which exempts it from the double effect.
Buhwha? Where do you get the idea that the Church classifies abortion as something separate from homicide/murder? I read that section of the CCC and the one after, and while abortion is called out as a distinct issue (no doubt because there is social debate over whether it is wrong at all), the reason the Church opposes it is precisely because it is homicide (the taking of human life) and indeed murder (deliberate and unjust homicide).
Not true. You are allowed to use a deadly force against a mentally unstable (and thus innocent) person. You are also allowed to use a deadly force against an enemy soldier in combat (although he was forcibly drafted and really has nothing against you).
Attacker’s culpability does not enter the equation, it’s whether he is a threat or not.
Are you referring to legal standards or Catholic moral theology? If the latter, I admit I would like to see the Church’s reasoning, since that does seem to contradict the reasons for which abortion is said never to be justifiable.
Staw man. The bombing of Hiroshima was immoral because the people of Hiroshima didn’t pose an immediate threat to US forces. It would have been however perfectly permissible to nuke Japanese troops.
My apologies, I intended no straw man. I was merely presenting an example of a case that is often defended as having saved more lives than it took, and pointing out that the Catholic Church does not acknowledge that defense as proper justification.
The operative word being “chose”. As Savita’s case demonstrates, once someone legislates the Catholic position, you have doctors refusing to carry out life-saving abortion out of fear that they would be prosecuted. Evoking St. Gianna here is the ultimate hypocrisy, as those invoking her want to force martyrdom on the women in similar situation.
I invoked St. Gianna as an example of a woman who did die in favor of her own child, to emphasize that even in that case she could not simply kill herself or be killed (as might be implied by the charge that a fetal life is more valued than its mother’s).

I do sometimes think of St. Gianna as an appropriate patron for both the pro-life and pro-choice causes, properly understood. To still the horrified cries of my fellow pro-lifers, let me state that I of course do not associate St. Gianna with approval of the choice to kill one’s child (exactly the opposite), but rather associate her with a free personal choice made in spite of the fact that both doctors and the Church were encouraging her to choose differently.

I am leery of legislation like Ireland’s (as I understand it) because I don’t think anyone can or should be commanded to die if life is an option, any more than I think St. Gianna should have been compelled to sacrifice her daughter’s life to better her own chances.
Sacrifice a woman, then?
Certainly not, if the woman can be saved by any morally licit means.

In general, this is how I think things should go:

If medical treatment could save both mother and child, provide that treatment to both, even if the chances of one could be made better by sacrificing the other. (Mom is sapient and so can choose to delay her own treatment if she wishes, but she must never be expected/forced to do so. St. Gianna demonstrated heroic virtue, not the everyday expected behavior.)

If mom is going to die by remaining pregnant, then if child is viable and can be delivered alive with at least a slim chance of survival, deliver child.

If child is already dead and its presence is killing mom, remove the kid either intact or otherwise as necessary (it’s not using the body any more).

If child is irretrievably going to die but mom will die waiting for that to happen … well, that’s the sticky wicket we’re all talking about. I think the moral principle is clear – you do not do evil even that good may come of it – but as I said before, I am leery of passing laws that require someone to die. Of course, I conversely don’t think a doctor should be prosecuted for refusing to kill the fetus in such a case, since both lives are equally valuable. It’s a horrible situation and a terrible choice either way. Mostly my issue is with people who think it’s a slam-dunk because the fetus is definitely of lesser (or even no) value. Acknowledging that either way a life is lost goes a long way in my book, even if someone makes the “wrong” choice in the heat of the moment.

Usagi
 
Hmm, can’t agree with you there.

Even criminal law, which doesn’t concern itself overly much with the deep moral underpinnings of bad actions, recognizes a difference between foreseen and intended consequences. If I do something stupid (or fail to do something sensible) that I ought to know will get people hurt, that’s reckless or negligent endangerment/homicide. If I kill someone because I want him dead, that’s murder (or maybe manslaughter if I was crazy emotional at the time).
I agree that, following Aquinas, many people discussing legal and bioethical issues use a notion of “intention” that they think makes it reasonable to say things like, “I didn’t intend to kill my assailant, I merely intended to stop him from killing me” - but I think it’s a contrived notion of intention designed to solve a problem with deontological ethics that places moral value or disvalue in actions themselves rather than in their consequences. It makes more sense to admit, “Yes, I intended to kill my assailant as that was the only way to stop him him from killing me.” That’s a simpler answer using everyday language most people understand.
Nope, I’m not talking about “deliberately shooting to wound” (which, as I understand it, is a profoundly stupid thing to try in a life or death situation). I am saying that I can shoot a guy center mass and not be intending his death as my end. What I want is for him to stop attacking me, which is proven by the fact that if he runs away when I draw the gun or shoot and miss, I sink to the ground relieved rather than chasing him to make sure he dies for the offense of scaring me. (And if I did give chase, it would stop being self-defense at that point both morally and legally.)
The fact that your preference for not killing your assailant is demonstrated by your decision not to pursue when he runs away isn’t relevant. Whether or not you use the garden variety of intention or the Scholastic variety, it’s equally possible to prefer not to have to kill an assailant. Deliberately killing can be a last resort for both the deontologist and the consequentialist in equal proportions. The consequentialist simply explains it differently with, “I intended to kill him to save my life, but luckily he ran away, so I didn’t have to.”
It’s actually kind of hard to know for sure that you are taking a lethal shot, especially if the other guy is moving around. It’s even harder with a knife, which certainly can kill in one strike but usually requires multiple ones even for deliberate murder. Thus, I would not agree that there are times when knowingly killing the other person is the only alternative. You have to be willing to kill the other person if you are engaging in violent self-defense at all,especially with a firearm – one of the big rules of gun safety is that you do not point a gun at anything you are not willing to see destroyed – but the likelihood that you will consciously decide “this guy’s death is the only thing that will discourage him” is low.
I agree that “times when knowingly killing the other person is the only alternative” are rare, but not that they don’t exist. We may have to resort to extreme scenarios and more deadly weapons on both sides, but that’s enough to serve my purposes. Sometimes self defence requires us to act in a way that we know will cause the death of our assailant.
 
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