Is the appeal of the doctrine of double effect illusory?
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Abstract
Scanlon (2008) has argued that his theory of permissibility (STP) has
more explanatory power than the Doctrine of Double Effect (DDE). I believe this
claim is wrong. Borrowing Michael Walzer’s method of inquiry, I will evaluate
the explanatory virtue of these accounts by their understanding of actual moral
intuitions originated in historical cases. Practically, I will evaluate these accounts
as they explain cases of hostage crises. The main question in this context is: is it
permissible that nation-states act with military force in order to liberate hostages,
even if those actions put the lives of the hostages at risk? The first part of this
paper has an operative reconstruction of the relevant theories. In the second
section, two cases of hostage crises will be considered: the Moscow theater
hostage crisis of 2002, and the Jaque Operation, which occurred in Colombia
in 2008. Additionally, it will be shown that DDE explains these cases better than
STP. Finally, this paper offers a critical analysis of Scanlon’s account of the
explanatory power of both STP and DDE.
Palabras clave
Double effect; Permissibility; PhilosophyofWar; Hostage crises; Thomas ScanlonLink to resource
https://link.springer.com/article/10.1007%2Fs11406-013-9436-3Collections
- Año 2013 [97]
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