ABSTRACT

The double effect doctrine makes a distinction between what an agent is allowed to do and what he is not allowed to do. A related difference is that the double effect doctrine is used in the context of cases in which, from the point of view of utility, the action should be justified because its good results outweigh its bad results. Opponents of the doctrine of the double effect are utilitarians who think that the only moral guide for action should be utilitarian calculation. A reasonable legislator may legitimately think that the fact that a person acts in order to cause a bad result is an important factor in assessing the degree of his moral blameworthiness. A legislator may reasonably grade offences following the distinction between direct intention and recklessness and include oblique intention within the lesser offence.