All posts by Fernando Teson

Violent Protest and Lesser evil

Recently I argued that the deliberate destruction of the property of innocent persons by otherwise justified protesters is condemned by the Doctrine of Double Effect (DDE), which requires that such collateral harm be merely foreseen, and not directly intended.

But someone may reply that the DDE is wrong and that whether intent is direct or oblique doesn’t really matter. She may propose instead the Doctrine of the Lesser Evil (DLE). According to DLE, we are sometimes justified in harming persons directly in order to achieve a worthier cause. A classical example is a person starving at a mountain. He is permitted to trespass into someone else’s cabin, eat their food, and so on, in order to survive. Surely everyone accepts this. Similarly, protesters who burn the neighbors’ buildings as a way to end racial injustice are justified, given the disparity of values at stake.

But the case of violent protest is disanalogous to the case of the starving person at the mountain. In the latter, breaking into the cabin and eating the food is surviving. There is no causal relationship between the harmful act and the worthy end. They are identical. In contrast, in the case of violent protest the causal relationship between the harmful act (burning buildings) and the worthy goal (end racial injustice) is (to put it mildly) tenuous. It is improbable that burning buildings will end racial injustice.

The upshot is that in order to dispense with the intent requirement of the DDE, the agent’s probability of success must be high. The DDE, perhaps, condemns some actions that the DLE allows. But even under the DLE it is unlikely that this intentional harm to third parties can be justified.

(Many thanks to Alejandro Chehtman of Di Tella University, Buenos Aires, for flagging the issue.)