Rachels famously gives us these two cases to argue that the
doing–allowing distinction is morally vacuous:
You stand to inherit money from a young cousin, so you push them
into a tub so they drown.
You stand to inherit money from a young cousin, and so when you
see them drowning in a tub, you don’t pull them out.
The idea is that if there is a doing–allowing distinction, then (1)
should be worse than (2), but they both seem equally wicked.
But it’s interesting to notice how things change if you change the
reasons from profit to personal survival:
A malefactor informs you that if you don’t push the young cousin
into the tub so they drown, you will be shot dead.
A malefactor informs you that if your currently drowning cousin
survives, you will be shot dead.
It’s clear that it’s wrong to drown your cousin to save your life.
But while it’s praiseworthy to rescue them at the expense of your life,
unless you have a special obligation to them beyond cousinage, you don’t
do wrong by failing to pull them out. And it seems that the relevant
difference between (3) and (4) is precisely that between doing and
allowing: you may not execute a drowning to save your life, but
you may allow one.
Or consider this variant:
A malefactor informs you that if you don’t push the young cousin
into the tub so they drown, two other cousins will be shot
dead.
A malefactor informs you that if your currently drowning cousin
survives, two other cousins will be short dead.
I take it that pretty much every non-consequentialist will agree that
in (5) it’s wrong to drown your cousin, but everyone (consequentialist
or not) will also say that in (6) it’s wrong to rescue your cousin.
So there is very good reason to think there is a morally relevant
doing–allowing distinction, and cases similar to Rachels’ show it. At
this point it is tempting to diagnose our intuitions about Rachels’
original case as based on the fact that the death of your cousin is not
sufficiently good to justify allowing the drowning—their death is
disproportionately bad for the benefit gained—so we want to blame the
agent who cares about their financial good more than the life of their
young cousin, an we don’t care whether they are actively or passively
killing the cousin.
But things are more complicated. Consider this pair of cases:
Your recently retired cousin has left all their money to famine
relief where it will save fifty lives but if your cousin survives
another ten years their retirement savings will be largely spent and
won’t be enough to save any lives. So you push the cousin into the tub
to drown them.
Your recently retired cousin has left all their money to famine
relief where it will save fifty lives but if your cousin survives
another ten years their retirement savings will be largely spent and
won’t be enough to save any lives. So when your cousin is drowning in
the tub, you don’t rescue them.
Now it seems we have proportionality: your cousin’s death is not
disproportionately bad given the benefit. Yet I have the strong
intuition that it’s both wrong to drown them and to fail to save them. I
can’t confidently put my finger on what is the relevant difference
between (8), on the one hand, and (4) and (6), on the other hand.
But maybe it’s this. In (8), your rescue of your cousin isn’t a cause
of the death of the people. The cause of their death is famine. It’s
just that you have failed to prevent their death. On the other hand, in
(4) and (6), if you rescue, you have caused your own death or the death
of the two other cousins, admittedly by means of the malefactor’s wicked
agency. In (8), rescuing blocks prevention of deaths; in (4) and (6),
rescuring causes deaths. Blocking prevention is different from
causing.
This is tricky, though. For drowning someone can be seen as blocking
prevention of death. For their breathing prevents death and drowning
blocks the breathing!
Maybe the difference lies between blocking a natural process
of life-preservation (breathing, say) and blocking an
artificial process of life-preservation (sending famine relief,
say).
Or maybe I am mistaken about (4) and (6) being cases where rescue is
not obligatory. Maybe in (4) and (6) rescue is obligatory, but
it wouldn’t be if instead the malefactor told you that if you rescue,
then the deadly consequences would follow. For maybe in (4) and (6), you
are intending death, while in the modified cases, you are only intending
non-rescue? I am somewhat sceptical.
There is a lot of hard stuff here, thus. But I think there is still
enough clarity to see that there is a difference between doing
and allowing in some cases.