Let’s say I have a friend who needs cheering up as she has had a lot
of things not go her way. I know that she is definitely a better
badminton player than I. So I propose a badminton match. My goal in
doing so is to have her win the game, so as to cheer her up. But when I
play, I will of course be playing to win. She may notice if I am not,
plus in any case her victory will be the more satisfying the better my
performance.
What is going on rationally? I am trying to win in order that she may
win a closely contested game. In other words, I am pursuing two
logically incompatible goals in the same course of action. Yet the story
makes perfect rational sense: I achieve one end by pursuing an
incompatible end.
The case is interesting in multiple ways. It is a direct
counterexample to the plausible thesis that it is not rational to be
simultaneously pursuing each of two logically incompatible goals. It’s
not the only counterexample to that thesis. A perhaps more
straightforward one is where you are pursuing a disjunction between two
incompatible goods, and some actions are rationally justified by being
means to each good. (E.g., imagine a more straightforward case
where you reason: If I win, that’ll cheer me up, and if she wins,
that’ll cheer her up, so either way someone gets cheered up, so let’s
play.)
The case very vividly illustrates the distinction between:
Instrumentally pursuing a goal, and
Pursuing an instrumental goal.
My pursuit of victory is instrumental to cheering up my friend, but
victory is not itself instrumental to my further goals. On the contrary,
victory would be incompatible with my further goal. Again, this is not
the only case like that. A case I’ve discussed multiple times is of
follow-through in racquet sports, where after hitting the ball or
shuttle, you intentionally continue moving the racquet, because the hit
will be smoother if you intend to follow-through even though the
continuation of movement has no physical effect on the ball or shuttle.
You are instrumentally pursuing follow-through, but the follow-through
is not instrumental.
Similarly, the case also shows that it is false that every end you
have you either pursue for its own sake or it is your means to something
else. For neither are you pursuing victory for its own sake nor is
victory a means to something else—though your pursuit of
victory is a means to something else.
Given the above remarks, here is an interesting ethics question. Is
it permissible to pursue the death of an innocent person in order to
save that innocent person’s life? The cases are, of course, going to be
weird. For instance, your best friend Alice is a master fencer, and has
been unjustly sentenced to death by a tyrant. The tyrant gives you one
chance to save her life: you can fence Alice for ten minutes, with you
having a sharpened sword and her having a foil with a safety tip, and
you must sincerely try to kill her—the tyrant can tell if you are not
trying to kill. If she survives the ten minutes, she goes free. If you
fence Alice, the structure of your intention is just as in my badminton
case: You are trying to kill Alice in order to save her life. Alice’s
death would be pursued by you, but her death is not a means nor
something pursued for its own sake.
If the story is set up as above, I think the answer is that, sadly,
it is wrong for you to try to kill Alice, even though that is the only
way to save her life.
All that said, I still wonder a bit. In the badminton case, are you
really striving for victory? Or are you striving to act as
if you were striving for victory? Maybe that is the better way to
describe the case. If so, then this may be a counterexample to my main
thesis here.
In any case, if there is a good chance the tyrant can’t tell the
difference between your trying to kill Alice and your intentionally
performing the same motions that you would be performing if you were
trying to kill Alice, it seems to me that it might be permissible to do
the latter. This puts a lot of pressure on some thoughts about the
closeness problem for Double Effect. For it seems pretty plausible to me
that it would be wrong for you to intentionally perform the same motions
that you would be performing if you were trying to kill Alice in order
to save people other than Alice.