The physical actions are identical, but the objects are not.
The moral object necessarily includes more than the mere physicality of the act. If the physical act and
the foreseeable moral effects are identical then the moral objects are identical.
As to the object’s proximate end being suffused with intent, in VS p. 79, JPII tells us of the three fonts, the moral object font is primary.
The primary and decisive element for moral judgment is the object of the human act
Logically, the primacy of the moral object font can only be true if the expression of the moral object is independent of any expression of the other two fonts. JPII tells us exactly so that in p. 80.
These are the acts which, in the Church’s moral tradition, have been termed “intrinsically evil” (intrinsece malum): they are such always and per se, in other words, on account of their very object, and quite apart from the ulterior intentions of the one acting and the circumstances.
Therefore, the proximate end of the the moral object cannot be colored by a particular actor’s intent, rather the moral object stands “quite apart” from the “ulterior intention” of any actor.
It seems also that this distinction equally justifies the actions of the pilot and the physician where other explanations do not.
In order to see the distinction between the indirect abortive act and the bystander’s act, first examine both abortive acts. Fr. Tad tells us that the act in the indirect abortion (excise disease tissue) is not identical to the act in the direct abortion (excise the child). Neither surgeon intends the death of the child. What makes one act moral and the other not?
The indirect abortion acts on the mother’s person-body. The direct abortion acts on the child’s person-body. This distinction in the physical acts
in se allows the former and condemns the latter.
How can the moral object of the bystander’s act (now purged of a good intention) be other than physically an attack on the body-person of the innocent one? If the bystander does not act then the innocent one does not die. I do not see how one can assert that the direct cause (there has to be one) of the bystander’s death is the physical evil of a trolley impact when absent the hand of a moral agent the trolley would not impact the innocent man. Physical evils are just that, merely physical.
The pilot and the bystander face different moral choices. Perhaps a better stand-in to simulate the pilot would be an engineer on a trolley that lost its brakes. Both the pilot and the engineer have a moral duty to mitigate the effects of the physical evil in which they find themselves involved. Their options are limited to the realm of the possible. The engineer who cannot switch the track has no options to mitigate the loss of life. The pilot does have options as long as he can steer and foresees that doing one thing rather than another mitigates the physical evil effects.