Double Effect and (narrow) pacifism

Suppose I see a sniper sniping at innocents, and if not stopped, she will kill a dozen innocents. Near the sniper are three enemy personnel who are standing around. I have two weapons, a precision rifle and a rocket-propelled grenade, and I can stop the sniper in one of two ways: (a) shoot her in the head or (b) fire the RPG.

Suppose that I hold this combination of views:

1. Narrow Pacifism: It is always wrong to intentionally kill.

2. The Principle of Double Effect is true.

3. Broadness of Intention: Shooting the sniper in the head would be an intentional killing.

Then I am not permitted to to use the rifle to stop the sniper. But here is a paradoxical consequence: a strong Double Effect case can be made that I am permitted to use the RPG. For in firing the RPG, I can be credibly intending to destroy the sniper’s rifle, which is a legitimate target even for a (narrow) pacifist. (I am assuming that I couldn’t destroy the sniper’s rifle with my rifle shot, perhaps because my aim isn’t good enough, or because it’s protected by a sandbag.)

So, here is an odd dilemma for the narrow pacifist who accepts Double Effect. Either the narrow pacifist accepts Broadness or rejects it.

Acceptance of Broadness, together with the above argument, leads in a number of cases to significantly more violence: the RPG will not only kill the sniper but also her comrades. Note that this is not an issue that comes up just in “small” cases involving snipers and RPGs. Narrow Pacifism plus Broadness would lead to a perverse preference to shoot a tactical nuke at the area occupied by enemy infantry—of course, just in order to destroy their weapons—over a conventional infantry attack.

Rejection of Broadness, on the other hand, means that the narrow pacifist need not actually be all that pacific: she can allow soldier to lethally shoot the enemy as long as they intend to stop the enemy rather than to kill. The narrow pacifist who rejects Broadness is a very narrow pacifist indeed.

Objection: If one accepts Broadness, one will also think that firing the RPG is an intentional killing.

Response: Thinking that firing the RPG is an intentional killing seems to me to be rejecting the central ideas behind Double Effect. The point of Double Effect is to distinguish the target of the action from side-effects. It seems perfectly reasonable to take the sniper’s rifle as one’s RPG target. Unlike in the case where one aims at the sniper’s head, there is no intention to impose any harm on the sniper, or even to physically affect the sniper’s body in any way. There is simply the intention to destroy the weapon which the sniper is using. Unfortunately, the explosion that will destroy the weapon will also kill the sniper.

Lying, violence and dignity

I've argued that typically the person who is hiding Jews from Nazis and is asked by a Nazi if there are Jews in her house tells the truth, and does not lie, if she says: "No." That argument might be wrong, and even if it's right, it probably doesn't apply to all cases.

So, let's think about the case of the Nazi asking Helga if she is hiding Jews, when she is in fact hiding Jews, and when it would be a lie for her to say "No" (i.e., when there isn't the sort of disparity of languages that I argued is normally present). The Christian tradition has typically held lying to be always wrong, including thus in cases like this. I want to say some things to make it a bit more palatable that Helga does the right thing by refusing to lie.

The Nazi is a fellow human being. Language, and the trust that underwrites it (I was reading this morning that one of the most difficult questions in the origins of language is about the origination of the trust essential to language's usefulness), is central to our humanity. By refusing to betray the Nazi's trust in her through lying, Helga is affirming the dignity of all humans in the particular case of someone who needs it greatly--a human being who has been dehumanized by his own choices and the influence of an inhuman ideology. By attempting to dehumanize Jews, the Nazi dehumanized himself to a much greater extent. Refusing to lie, Helga gives her witness to a tattered child of God, a being created to know and live by the truth in a community of trust, and she he gives him a choice whether to embrace that community of trust or persevere on the road of self-destruction through alienation from what is centrally human. She does this by treating him as a trusting human rather than a machine to be manipulated. She does this in sadness, knowing that it is very likely that her gift of community will be refused, and will result in her own death and the deaths of those she is protecting. In so doing she upholds the dignity of everyone.

When I think about this in this way, I think of the sorts of things Christian pacifists say about their eschatological witness. But while I do embrace the idea that we should never lie, I do not embrace the pacifist rejection of violence. For I think that just violence can uphold the dignity of those we do violence to, in a way in which lying cannot. Just violence--even of an intentionally lethal sort--can accept the dignity of an evildoer as someone who has chosen a path that is wrong. We have failed to sway him by persuasion, but we treat him as a fellow member of the human community by violently preventing him from destroying the community that his own wellbeing is tied to, rather than by betraying with a lie the shattered remains of the trustful connection he has to that community.

I don't think the above is sufficient as an argument that lying is always wrong. But I think it gives some plausibility to that claim.

Pacifism and trolleys

In the standard trolley case, a runaway trolley is heading towards five innocent people, but can be redirected onto a side-track where there is only one innocent person. I will suppose that the redirection is permissible. This is hard to deny. If redirection here is impermissible, it's impermissible to mass-manufacture vaccines, since mass vaccinations redirect death from a larger number of potentially sick people to a handful of people who die of vaccine-related complications. But vaccinations are good, so redirection is permissible.

I will now suggest that it is difficult to be a pacifist if one agrees with what I just said.

Imagine a variant where the one person on the side-track isn't innocent at all. Indeed, she is the person who set the trolley in motion against the five innocents, and now she's sitting on the side-track, hoping that you'll be unwilling to get your hands dirty by redirecting the trolley at her. Surely the fact that she's a malefactor doesn't make it wrong to direct the trolley at the side-track she's on. So it is permissible to protect innocents by activity that is lethal to malefactors.

This conclusion should make a pacifist already a bit uncomfortable, but perhaps a pacifist can say that it is wrong to protect innocents by violence that is lethal to malefactors. I don't think this can be sustained. For protecting innocents by non-lethal violence is surely permissible. It would be absurd to say a woman can't pepper-spray a rapist. But now modify the trolley case a little more. The malefactor is holding a remote control for the track switch, and will not give it to you unless you violently extract it from her grasp. You also realize that when you violently extract the remote control from the malefactor, in the process of extracting it the button that switches the tracks will be pressed. Thus your violent extraction of the remote will redirect the trolley at the malefactor. Yet surely if it is permissible to do violence to the malefactor and it is permissible to redirect the trolley, it is permissible to redirect the trolley by violence done to the malefactor. But if you do that, you will do a violent action that is lethal to the malefactor.

So it is permissible to protect innocents by violence that is lethal to malefactors. Now, perhaps, it is contended that in the last trolley case, the death of the malefactor is incidental to the violence. But the same is true when one justifies lethal violence in self-defense by means of the Principle of Double Effect. For instance, one can hit an attacker with a club intending to stop the malefactor, with the malefactor's death being an unintended side-effect.

This means that if it is permissible to redirect the trolley, some lethal violence is permissible. What is left untouched, however, by this argument is a pacifism that says that it is always impermissible to intend a malefactor's death. I disagree with that pacifism, too, but this argument doesn't affect it.

Pacifism

The pacifist believes that one ought not engage in problematic violence in war even if all the standard jus ad bellum conditions are satisfied. "Problematic violence" here means the level of violence that is prohibited. Probably few pacifists would think it would be wrong to push violent foreign soldiers away without hurting them. So, presumably, pushing someone painlessly away doesn't rise to the level of "problematic violence." Where the pacifist draws the line may differ from pacifist to pacifist, but I take it that lethal violence, i.e., violence that, if successful, has a high probability of resulting in the opponent's death, counts as problematic, even when the death is not intended. Thus, I take it that the pacifist will be opposed to shooting at an enemy soldier's heart even when one is using double effect and intending the disablement rather than the death of the enemy soldier. This is all stipulative of what I mean by "pacifist".

Question: Can the pacifist consistently permit problematic violence in law enforcement situations?

If not, then pacifism is seriously problematic, since it seems pretty clear that it is practically impossible to have a decent, self-sufficient community enduring over time without lethal violence to contain violent criminals.

But I think the answer to the question is in fact negative. For how could one draw a line between war and law enforcement? When the invading army marches in, burning crops and murdering citizens, they are breaking the victim country's laws. If problematic violence is permitted to enforce the laws of one's territory, it should be permissible to use problematic violence to stop them. But this seems to be a case of war. Hence, some lethal violence is permitted in some wars, contrary to what I stipulated as the view of the pacifist.

Perhaps, though, the pacifist could claim that it is only permissible to enforce a country's laws with problematic violence on the country's subjects, and an invading army does not consist of subjects. But this is deeply implausible. If it is permissible to use problematic violence to stop a citizen wife from murdering her citizen husband, it should also be permissible to use problematic violence to stop a non-citizen woman who sneaked into one's country to murder her citizen husband. Moreover, this should be permissible even if the woman was commissioned by another state to kill her husband. But if we allow that it is permissible to use problematic violence against criminals acting on behalf of foreign states, then there seems to be no way to deny that it is permissible to use problematic violence to stop invaders.

There is, though, a consistent position the someone could hold here: Problematic violence by agents of a state must be confined to that state's territory. This is not a pacifist position by my stipulation of what a "pacifist" is. But it may be thought to be a pacifist position in a broader sense. But I am not so sure. It seems that this is not so much a position against violence, as a position about jurisdiction.