INTENT‘DNS AN?! CONSEQUENGES: TOWARD A THEORY OF ART~DESCRIPTEON fissertation for the Degree of Ph. D. MLGHIGAN SLATE UNIVERSITY ARTHUR RONALD MILLER 1975 4-‘- LI 3 RA R; Michigan State University This is to certify that the thesis entitled Intentions and Consequences: Toward a Theory of Act-Description presented by Arthur Ronald Miller has been accepted towards fulfillment of the requirements for Ph . D . Philosophy degree in Major professor Dstewzfi; 1975 0-7 639 I ‘3' ‘ : B'NDING BY ‘- nons & soNS' ‘ suox imam mu. LIBRARY ewosqs é :rnmmm. mcmsu ABSTRACT INTENTIONS AND CONSEQUENCES: TOWARD A THEORY OF ACT-DESCRIPTION BY Arthur Ronald Miller This study is devoted to a precise statement of, and a partial solution to the problem of describing those bits of behavior which we single out as human actions. I take as my starting point the claim that any given action can, in principle, be truly described in an infinite number of ways. It is this possibility of multiple descriptions of a given action which gives rise to the sorts of problems which necessitate the search for an adequate theory of act- description. It is now a philosophical commonplace that once we grant the possibility of multiple descriptions of a given act, we find ourselves faced with a number of dis- turbing consequences. A given action may be intentional under one description and yet not intentional under another. Or we may find that "one and the same action" is sinful or criminal under one description, commendable or at least 1 Arthur Ronald Miller exonerable under another, while under yet a third descrip— tion the act may be of no moral or legal consequence what- soever. In order to avoid such paradoxes, it is imperative that a method be devised for selecting from the class of true descriptions applicable to a given action the "pre- ferred" or "correct" description, that description which most appropriately or adequately characterizes the act in question. This constitutes the problem of act-descriptions. In Chapter I, after discussing the function of action-sentences and the difficulties engendered by the possibility of multiple descriptions of actions, I proceed to a critical examination of two attempts to specify cri- teria for selecting the preferred or correct description of a given action from all of the possible true descriptions applicable to that action. I first show that each of these attempts fails hodo the job required. Secondly, it is argued that all such attempts are, in principle, wrong- headed from the start, resting as they do on the assumption that it is possible to specify necessary and sufficient conditions for a correct act-description. I argue that this assumption is false, and propose an alternative analysis of the notion of a correct act-description along 2 Arthur Ronald Miller the lines of a defeasible concept. That is, I contend that it is impossible to Specify conditions which are individ- ually necessary and jointly sufficient for selecting the "preferred" or correct description of an action; the best one can do is specify minimally necessary conditions and a set of defeating conditions, that is, conditions the viola- tion of which is sufficient to defeat a given description's claim to correctness. According to the analysis suggested herein, a given description of an action will qualify as a correct act-description only if it meets the minimally necessary condition of being true and, moreover, only if that description is not "misleading." A description (or any sentence, for that matter) is said to be "misleading" if it "implies" or gives one's audience to understand things which are not true or which do not obtain under the circum- stances. (Clearly, the notion of "implication" employed here is more akin to Grice's "conversational implication" as distinct from the formalist's concepts of implication or entailment.) In Chapter II this analysis is put to work on the problem of acts and consequences. The question here is whether and, if so, to what extent we may correctly 3 Arthur Ronald Miller redescribe an action solely in terms of one or more of its consequences. It is shown that, contrary to what some claim, such redescription is 293 possible in every instance. First, there are some cases in which a redescription of an agent's act solely in terms of its consequence(s) fails to satisfy even the minimally necessary condition of truth; an explanation is advanced to account for such cases. Secondly, there are cases in which such redescriptions, while true, nevertheless fail to be correct insofar as they are mislead- ing. Five conditions governing the correct redescription of acts in terms of their consequences are suggested to account for such cases; these in effect specify the conditions the violation of which is sufficient for defeating a true de- scription's claim to correctness. Finally, the implications of these findings are used to defend the traditional dis- tinction in ethical theory between deontology and teleology against those who claim that this distinction is, at bottom, trivial and unilluminating. Finally, in Chapter III I discuss (a) the relation between an agent's knowledge or awareness of what he is doing (or has done) and the concept of intentional action, and (b) the bearing of this relation on the problem of 4 Arthur Ronald Miller act-descriptions. In this context it is argued that wanting is not a necessary condition for intending. I then divide act-terms into those which do, and those which do not entail the presence of intention on the part of the agent, and argue that all sentences of the simple form ‘A did X' "imply"-—even if they do not strictly entail--that X was an intentional action on A's part. This analysis is then used to explain the misleading nature of a certain class of act-descriptions which are nevertheless true, and a final condition is formulated to govern the correctness of such descriptions. INTENTIONS AND CONSEQUENCES: TOWARD A THEORY OF ACT-DESCRIPTION BY Arthur Ronald Miller A DISSERTATION Submitted to Michigan State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY Department of Philosophy 1975 To Candi: her perseverance, self-sacrifice, and encouragement have made this possible. ii ACKNOWLEDGMENT S I wish to acknowledge a debt of gratitude to Dr. Ronald Suter. Whatever merits may be claimed for this thesis are traceable, directly or indirectly, to his useful and timely suggestions, his unyielding insistence on precision and clarity, and his constant reminders that "I must mean what I say and say what I mean." Unfortunately, I cannot share the responsibility for whatever errors may be contained herein; these are wholly attributable to me. iii TABLE OF CONTENTS Page INTRODUCTION . . . . . . . . . . . . . . . . . . . . . 1 Chapter I. THE NATURE OF ACT-DESCRIPTIONS . . . . . . . . 6 l. The Function of Action-Sentences . . . . . 6 2. 'One Act--Many Descriptions' . . . . . . . 21 3. Correct vs. 'Merely True' Act- Descriptions . . . . . . . . . . . . . . 33 (i) Rayfield's Proposal . . . . . . 33 (ii) Intention and Convention. . . . 48 4. Description and Purpose. . . . . . . . . . 52 Notes on Chapter I . . . . . . . . . . . . . . 66 II. ACTS AND CONSEQUENCES. . . . . . . . . . . . . 74 l. Redescribing Acts in Terms of Consequences . . . . . . . . . . . . . . 75 (i) Feinberg's "Accordion Effect" Thesis. . . . . . . . . . . . 77 (ii) Macklin's "Intervening Agent" Principle . . . . . . . . . . 86 (iii) True but Incorrect Descrip— tions . . . . . . . . . . . . 89 (iv) D'Arcy's Elidability Criterion. 97 iv TABLE OF CONTENTS (cont'd.) Chapter (v) A Modified Account of Elidability . . . . . . . (vi) Conditions for Redescribing Acts in Terms of Conse- quences O O O O O O O O 0 Summary. . . . . . . . . . . . . . . . 2. Implications for Ethical Theory. . . . Notes on Chapter II. . . . . . . . . . . . III. AGENT KNOWLEDGE, INTENTION, AND ACT- DESCRIPTIONS o o o o o o o o o o o o o o 1. Knowing What One is Doing. . . . . . . 2. Bearing on Act-Descriptions. . . . . . (i) ' Intentionality and Act-Terms. (ii) Attributing Intentionality. Conclusion . . . . . . . . . . . Notes on Chapter III . . . . . . . . . IV. CONCLUDING REMARKS . . . . . . . . . . . . BIBLIWRMHY O O O O O O O O O O O O O O O O O O O Page 110 118 135 137 148 153 154 185 192 203 211 215 220 226 INT RODUCT I ON The topic of human action has been discussed extensively in the recent literature. The problem of identifying what sorts of items of human behavior are to be counted as actions and why they are to be so counted, as well as the problems of individuating and explaining human acts have come in for most of the discussion. The specific topic I wish to address in this dissertation is the problem of how we are to describe those bits of be- havior which have been singled out as actions. J. L. Austin was largely responsible for formulating and setting the question as we are now familiar with it. In "A Plea for Excuses," Austin writes, To do so [i.e. to state explicitly what is being excused] is all the more vital because it is in principle always open to us, along various lines, to describe or refer to "what I did" in so many different ways. This is altogether too large a theme to elaborate here. Apart from the more general and ob- vious problems of the use of "tendentious" descriptive terms, there are many special problems in the particular case of "actions." Should we say, are we saying, that he took her money, or that he robbed her? That he l knocked a ball into a hole, or that he sank a putt? That he said "Done," or that he accepted an offer? How far, that is, are motives, intentions, and conventions to be part of the description of actions.* This feature of human action to which Austin draws our attention has come to be regarded by many philosophers as quite significant: namely, that one and the same action may, in principle, be truly described in innumerable ways. For it is this possibility of multiple descriptions of a single action which gives rise to a number of problems which many find quite disturbing. We will come to see that it is not a matter of indifference which of several true act- descriptions we choose to characterize a given item of be- havior. On the contrary, varying the act-description can sometimes affect a whole host of other features peculiar to human acts in which we are particularly interested. For example, given an item of behavior, under description D1 we may hold the agent accountable for his act and perhaps blame him for it, whereas under another (true) description, D2, his act might not even qualify as the sort of thing for which persons are praised or blamed at all. It is problems *J. L. Austin, "A Plea for Excuses," in Philosophical Papers, ed. by G. Warnock and J. O. Urmson (Oxford: Clarendon Press, 1962), p. 148. such as these which emphasize the need for a method of choosing a "preferred" description of a given act; that is, what is needed is some method for selecting from the class of true descriptions of a given act, that description (or descriptions) which most apprOpriately characterizes or describes the act in question. And it is this need which I hope to satisfy--at least partially--during the course of this study. In Chapter I, after discussing the function of action-sentences, I attempt to indicate-and spell out in detail the sorts of problems engendered by the possibility of multiple descriptions of a single action and show how these bear importantly on other issues in ethics, philOSOphy of mind, and philosophy of law. I then proceed to an expo- sition and critical analysis of two suggested methods for selecting the "preferred" or "correct" description of an action from the larger class of true descriptions applicable to a given act; these in effect constitute attempts to spe- cify necessary and sufficient conditions for distinguishing "correct" descriptions of human actions from those which are "merely true," so to Speak. It is argued that these at- tempts fail and, finally, an alternative analysis is sketched out, an analysis which, I hope, does the job re- quired of it while avoiding the shortcomings of the other analyses. I then proceed in Chapters II and III to fill in the details of this analysis and put it to work on the problem of act-descriptions as it relates to the notions of consequences and intention. There are a couple of qualifications that I should make clear here at the outset. I will be concerned here only with non-linguistic human acts. The topic of speech- acts is altogether too extensive to be included within the scope of this inquiry. Many of the things I have to say about the description of non-linguistic human acts may or may not apply to speech-acts as well. But this is a sub- ject for another study. Secondly, I will restrict my dis- cussion to those acts whose agents are individuals. It is clear that there are often cases in which groups of indi- viduals act collectively. Such groups may consist of as few as two members, or they may be as large as the aggregate of all the constituents of a community. Juries convict and acquit defendants, political parties endorse and reject platforms, tribes ostracize members who have fallen from favor, and so on. But to pursue this issue would invariably lead us into an investigation of many other problems such as collective responsibility, problems which would take us far afield of the proposed tOpic. CHAPTER I THE NATURE OF ACT-DESCRIPTIONS l. The Function of Action—Sentences What are we doing when we say that so-and-so did such-and-such? What am I doing when I say, for example, that 'Houdini escaped his bonds,‘ that 'Joan is buying a loaf of bread,‘ that 'Jones killed his mother,‘ or that 'I am playing badminton'? Am I simply reporting what the agent did or is engaged in doing, am I passing judgment on his action, am I somehow ascribing responsibility to the agent for his action; or may it be that I am doing a number of these things simultaneously? The first question we must examine is what sorts of jobs are or may be performed when I employ a locution of the form 'A did X.‘ This question is to be kept distinct from a separate, related question, namely that of the logical form of such sentences. Our question concerns the function of such sentences, not the status of the sentence the speaker utters or the proposi- tion expressed by that sentence. 6 This question becomes important in light of the fact that some notable phiIOSOphers have held that when one says something of the form 'A did X,‘ this sentence 93323 serves to describe an action. Thus before it is possible to inquire into the nature of act—descriptions, it will first be necessary to show that such locutions can and, in fact, often do function as bona fide descriptions. What, then, is the function of action-sentences of the form 'A did X' or 'A is x-ing'? One answer to this question which has gained some currency is that sentences of this form serve to ascribe responsibility for the act to the agent in question. Furthermore, it is implied, such sentences function only to ascribe responsibility to an agent for the commission (or omission) of the act; they 23325 serve to describe the act in question. H. L. A. Hart and A. I. Melden are two cases in point. Negatively, both Hart and Melden are concerned to dispute traditional analyses which break an action down into two components, a bodily movement plus some antecedent or concurrent mental event. In arguing against such analyses, both are at pains to point out that such accounts fail to capture many of the essential features of human action. Hart argues that the traditional naive views of action err in thinking that an adequate analysis of the concept of a human action can be given exclusively in the form of some combination of de- scriptive statements. For Hart, on the contrary, actions are events to which we ascribe rights and responsibilities. Melden for his part argues that if action sentences were descriptive, "then in order that I might know what I was doing in any given case, I would need to know what bodily movements took place, and this I could know only by ob- . l . serVing my own movements." Apart from the non sequiter involved in Melden's argument,2 the important-thing to notice in both cases is the subtle shift in meaning Hart and Melden have introduced into the notion of 'description.‘ As Yolton observes, both "seem to use 'description' as applied to physical behavior only."3 This becomes clear in another place where Melden appears to concede that perhaps we are not ascribing responsibility in some cases in which we say of so-and-so that he did such-and-such: There are cases, of course, in which sentences are employed in describing the behavior of our fellows and in which there is no ascription of responsibility. I have already mentioned the language of coroners and physiologists, in which a position of neutrality is taken with respect to the responsibility of the indi— vidual.4 This sort of antipathy to the descriptive function of action-sentences (or, more precisely, the denial that such sentences can or do perform this function), it seems, leads Hart and Melden to a one-sided notion of action. "Quite clearly," as Yolton observes, "an action for these writers T is a happening that has mgral significance."5 As Yolton declares elsewhere, "for both Hart and Melden, the term 'action' is used in the moral sense; they are trying to explicate the meaning of an action in such a way that some light will be thrown upon the moral problems of responsi— bility and right."6 By focusing exclusively on the moral and legal features attending some human actions and the correlative ascriptive function of action-sentences, Hart and Melden, like the predecessors they so vehemently oppose, seem to be just as guilty of ignoring other important fea- tures of human actions. The mistake here seems to be that of supposing that since "the domain of morality is the domain of action," as Hampshire puts it,7 the two domains are therefore coextensive. To show why this conception of the function of action-sentences is wrong-headed, it is useful to distin- guish (at least) two senses of 'responsibility.‘ On the 10 one hand, A may be said to be 'responsible' for x in the sense that A, in fact, did X; that is, A is (was) the author of x, X is to be ascribed to A as its doer or agent. On the other hand, A may be said to be 'responsible' for X in the sense of being morally or legally accountable; that is, A may be held liable for the commission (or omission) of X. These two senses, though related, must be kept dis- tinct. It seems clear that in analyzing action as funda- mentally a moral concept, Hart and Melden-have in mind this second sense of 'responsibility,‘ namely that of moral/legal liability or accountability. It is a peculiar feature of distinctively human actions that we are often interested in their specification for the sake of fixing responsibility for moral or legal assessment. But from this obviously true observation, we must not be tempted to conclude that the gnly way in which sentences of the form 'A did x' or 'A is X-ing' function is to assign responsibility for the act in the sense of accountability. To show that this is so, I will argue that neither sense of 'responsible' dis- tinguished above entails the other, though in many (perhaps even most) cases they go hand in hand. 11 For the sake of simplicity, I shall call the first sense of 'responsible,‘ namely the sense in which the act X is ascribed to A as its agent, causal responsibility; and I will refer to the second sense, the sense in which A is held morally or legally liable or accountable for the com— mission (or omission) of X moral responsibility. In the first place, A may be held morally responsible for an act which he did not (or, in some cases, logically could not) commit. We may hold Richard Nixon morally responsible for the break-in at the Democratic National Committee in the Watergate, even though he did not take part in the burglary and was not even present at the scene. As an instance of a case in which I may be held morally responsible for an act which I am logically precluded from performing, consider the following: I may, through my acts of cruelty, negli- gence, and so on, be held morally responsible for my wife's suicide; I may legitimately be blamed for it and held liable by my fellows. Nevertheless, her suicide is not something I did; being suicide, only she could do it. These matters will be taken up in further detail when we come to discuss the notion of consequences; at this point I am only trying to show that responsibilty in the sense 12 of moral responsibility does not entail that the person held thus responsible is necessarily the author of the act in question. The converse of this claim provides the basis for the second objection to the Hart-Melden View that action- sentences are primarily (or exclusively) ascriptive. A person may be the author of an act (i.e. be causally re- sponsible) and yet not be held morally responsible at all for its execution. This is so for a very simple reason, namely, that many of the things we do simply are not can- didates for praise or blame at all, and consequently we are not held (morally) responsible for them; they are, so to speak, morally "neutral"; and interest in these are not, as Melden claims, restricted to coroners and physiologists. If I stretch my arms or walk to the kitchen, I am certainly 'responsible' for these acts in the sense that I am their author, but the question of moral responsibility or ac— countability does not even arise (excluding extraordinary circumstances, of course). As Geach remarks, as regards hundreds of our voluntary or in— tentional acts, it would in fact be absurdly solemn, not to say melodramatic, to talk of imputation and exoneration and excuse, or for that matter of praise or reward. Ascribing an act to an agent just does not 13 in general mean taking up a quasi-legal or quasi-moral attitude, and only a bad choice of examples could make one think otherwise. (As Wittgenstein said, when put on an un- balanced diet of examples ghilosophy suffers from deficiency diseases.) If what I have argued is correct, then the Hart-Melden View that action-sentences do not describe but serve only to ascribe responsibility would appear to be unsound as a general account of the function of action—sentences. Their mistake, as I have tried to suggest, lay in overextending a fruitful analogy between certain types of human actions and moral and legal concepts in trying to account for the con— cept of action in general. As Yolton remarks, "the expli- cation of moral terms by reference to legal terms should not be allowed to absorb the moral into the legal. Simi- larly, the philosophical analysis of a concept like action should not be identified with the practical talk of making moral judgments."9 Thus far I have only tried to argue that the Hart— Melden View of the function of action-sentences will not do as a general account. I would like now to turn to a posi— tive account of the function of such sentences, including a discussion of what I take to be right in the Hart-Melden analysis. First a general point about the use (i.e. 14 function) of sentences. There is no-reason to conclude from the fact that a sentence is used to perform any par- ticular illocutionary act, that it can be used to perform only that act. There is nothing essential about any given sentence which dictates how it can be used. Most sentences can (typically) be used to perform a variety of tasks. For example, I may use the sentence 'The window will be closed' on one occasion to make a prediction concerning an imminent state of affairs; on another occasion I may use the same sentence to issue a command to a subordinate or mine within hearing distance; this sentence is not necessarily either a prediction gr'a command, but rather may be used in either way.10 Similarly in the case of action-sentences, even if it were the case, as Hart and Melden claim, that such sen- tences serve to ascribe responsibility, it would not follow that this is all they do (or can do). With this in mind let us now examine some of the ways in which such sentences may function. We may begin by making a rather elementary observa- tion. Any sentence of the form 'A did X' or 'A is X-ing' does, if true, serve to pick out the agent in question. To the extent that this is the case, we may say that such 15 sentences function to ascribe what I have termedwcausal re- sponsibility to the agent, that is, they serve to identify the author of the act. But to state the matter in this way is misleading. The function of ascribing causal responsi- bility to an agent is better limited to those cases in which we are genuinely interested in identifying the author of the act in question. If we know that the window has been broken but have no idea of who might have broken it, then the sentence 'Jones broke the window' may properly be said to identify the agent. If, on the other hand, we know that Jones broke the window, but what we are particularly interested in is how he broke it, then the sentence 'Jones broke the window with a stone,‘ while it does serve to pick out the agent, is not expressly designed for this purpose. Given that we already know that it was-Jones who did it, the sentence '§g_broke it with a stone' would have done just as well, even though this sentence itself serves to pick out no one in particular (since this sentence contains the indexical 'he,‘ it may be used on various occasions by different speakers to refer to various individuals; of course, the context of the utterance will usually make it clear which individual is being referred to). In other 16 words, we can distinguish the illocutionary act performed by the speaker who utters a sentence of the form 'A did X' from the function(s) that the sentence itself may serve, even when these happen to be the same.11 We may say, then, that although it is the case that every sentence of the form 'A did X' does, if true, function to pick out the agent in question, it does not follow that every time a sentence of this form is uttered the speaker is performing the illocutionary act of ascribing (causal) responsibility; though, as we have just seen, there are cases in which this lg precisely what he is doing. The broken window example is helpful in distinguish- ing yet another function of action-sentences. Many actions are such that the agent is held accountable for their com- mission or omission. And here I am quite willing to concede what Hart and Melden want, namely, that many sentences of the form 'A did X' or 'A is X-ing' do serve inter alia to ascribe moral or quasi-moral responsibility to the agent. If it is truly said that 'Jones broke the window,‘ then Jones is held accountable for his action; some explanation, excuse, disclaimer, justification, candid admission of guilt, or whatever is called for on the part of Jones. 17 Here again we can distinguish the functions of the sen- tence, the job it serves to do, from the illocutionary act performed by the speaker. Here it is especially important to note that if a sentence of the form 'A did X' or 'A X-ed' is used to ascribe liability (or what we have been calling moral responsibility), then that sentence a fortiori functions to ascribe causal responsibility in the sense of picking out the author of the act.12 Thus, even if the speaker is explicitly performing the illocutionary act of ascribing moral responsibility in saying that 'Jones broke the window,‘ his utterance of the sentence functions never- theless to pick out or identify the author-of the act (viz. Jones). Of course the speaker may, depending on the con- text and his intentions, be performing both of these acts, in which case we have an instance of a sentence being used to perform two jobs at the same time. In order to isolate yet another function of some action sentences, consider instead of the relatively in- nocuous act of breaking a window, the case of an action to which great moral/legal significance is attached, say murder. Assuming (and it seems reasonable to suppose) that we all share a sense of outrage and disapprobation 18 of murder, it would seemrplausible to suggest that a sen- tence like 'Jones murdered his daughter in cold blood' may function to express the speaker's condemnation of Jones for his act of murder. Here again we see a case of an action sentence performing a number of functions, any one or all of which may be the speaker's intended use; in the above sentence not only is Jones identified as the murderer (as- cription of causal responsibility) and held liable for its commission (ascription of moral responsibility), but the sentence also expresses the speaker's-moral-assessment of the action. Far from any of these functions excluding the others, here is a paradigm case in which an action sentence serves to function in a number of distinct ways simulta- neously. Now what can be said of the descriptive function of such sentences? What is common to each of the examples we have considered is that in each case an act or an act-type has been mentioned. Once again it is useful to distinguish what a speaker is doing in uttering a sentence from the function(s) served by the sentence he utters. In the case of the ascription of causal responsibility I remarked that the performance of this illocutionary act is best limited 19 to those cases in which we are specifically interested in identifying the author of the act in question. Similarly in the case of description we may, if we like, restrict the illocutionary act of describing (an action) to those cases in which we are interested not in identifying the author of an act, but rather in discovering what it is that the agent allegedly did. For example, were I to ask not 'Who did such-and-such?‘ but 'What did Jones do?‘ and you were to answer that 'Jones broke the window,‘ we-may say that you were performing the illocutionary act of describing (an action). This feature of action sentences which we have noted, namely, that they may be used to perform various illocutionary acts, is a function of what Feinberg refers to as their "contextual presupposition." In this sense, what illocutionary act is being performed by a person who utters a sentence of the form 'A did X' will be determined largely by the interests and purposes of the speaker and his audience. What is not an ascription in one context may well be so in another, depending on the con- cerns of the speaker. If the question is 'What did Jones do?‘ then the sentence ‘Jones did A' describes what Jones did; but if the question is 'Who did A?‘ then the sentence 'Jones did A' ascribes A to Jones.13 20 It nevertheless remains true that, regardless of the speaker's intention or the illocutionary act he performs, the sentence he utters does serve to pick out, specify or, in other words, describe what the agent did. (Of course one may explicitly be performing the illocutionary act of describing an action, in which case we have a clear in- stance of an act-description.) Just as in the case of the illocutionary act of ascribing moral responsibility in which the sentence 'A did X' also functions a fortiori to identify the author of the act, so too whenever a sentence of this form is uttered, an action is being described or identified (by the word or phrase which is substituted for 'X'), in spite of whatever else the speaker is doing. If we take our original catalogue of action-sentences, namely, 'Houdini escaped his bonds,’ 'Joan is buying a loaf of bread,‘ 'Jones killed his mother,‘ and 'I am playing bad- minton,‘ the phrases which serve as the descriptions of these actions are 'escaped his bonds,‘ 'buying a loaf of bread,‘ 'killed his mother,‘ and 'playing badminton,‘ re- spectively. And it is in this relatively obvious sense of an act-description that we are interested. 21 2. One Act--Many Descriptions In his excellent little book Human Acts: An Essay in their Moral Evaluation, Eric D'Arcy begins by setting forth and discussing three claims concerning act— descriptions which he elevates to the status of theses. We will have occasion to discuss each of these in detail during the course of our inquiry. For our present pur— poses, however, I would like to focus on D'Arcy's first claim: Thesis One: There is not necessarily one, and only one, correct description of a given act.12f The view expressed here by D'Arcy is one which has come to be commonly held, namely, that not only do sentences of the form 'A did X' in fact serve to describe actions, but that any given action may be truly described by many different action-sentences of this form. This claim, which I shall refer to as the 'one act--many descriptions' thesis, has been endorsed by nearly all of those who have considered the nature of act-descriptions in recent years. We have already had occasion to quote Austin in this connection: u . . . it is in principle always open to us, along various lines, to describe or refer to 'what I did' in so many 22 different ways."15 Donnellan has referred to this feature of act-descriptions as a "well known fact."16 O'Shaughnessy speaks of the permanent possibility of redescription in his discussion of human action.17 Stuart Hampshire makes this point explicitly in his now-famous Thought and Action: Even when he is wholly absorbed in something that he himself would call a single activity, and when his attention is in‘no-way-divided, there is necessarily a variety of true ac- counts that could in principle be offered of this single activity.18 And the list goes on and on.19 This possibility of multiple descriptions of a single action is not itself surprising for, as Hampshire points out, "at any moment in a man's waking and conscious life there is always a set of possible true answers to the question—-'What is he doing now?”20 For example, we may have occasion to describe the action of a quarterback in a football game variously as 'running the option play,‘ 'throwing a pass,‘ or 'leading his team,‘ all of which may be true descriptions of what he is doing at a given time. Or to take a case from D'Arcy, "we might think of~a test- pilot who," to the question 'What are-you doing now?,' "could truthfully answer, 'Holding the joy-stick'; 'Look- ing through the windscreen'; 'Listening to the 23 control-tower'; 'Smoking a cigarette'; . . . 'Flying over '"21 Not the North Sea'" or "'Testing the new Vickers jet. only may we vary the description of yaaa the agent is doing in this way, but any given description may be expanded to mention various features which we might wish to include in our characterization of what the agent did. We may wish, for example, to include reference to the time at which the act is performed or the means employed in performing it or the manner in which it was executed. Rescher-cites all sorts of features which may be included in-"what might be called the canonical description of an action“-in his "catalogue of the keylgeneric elements of actions"; these include such things as the manner in which an agent did what he did, the means he employed-in doing it, when, where, and under what circumstances it was done, what caused him to do it, with what aim he did it, in what state of mind he did it, and so on.22 Thus, for example, we may say simply that 'A did X,‘ or we may say that 'A did X at time t' or that 'A did X at time t by employing means M,‘ or so on, in each instance truly describing the-action in question.23 In short, not only may we offer different de- scriptions of an act by referring differently to what the 24 agent did, but even granting that what he did was«X; we may still vary the description by including more'or fewer of these "key generic elements of action" in the sentence we choose to describe the act. If all this is true, then it appears that the 'one act--many descriptions‘ thesis is indeed well-founded; of any given action, one-may always in principle come up with any number of sentences truly de- scribing what the agent did or is doing. As I mentioned above, it is not the 'one act—~many descriptions' thesis itself which is alarming; rather, it is the implications of this thesis which generate the prob- lems and difficulties which constitute the-point of depar- ture for my inquiry. Some of these implications are far- reaching and of the utmost consequence.’ I would like to take this opportunity to indicate what some of these prob- lems are before going on to examine suggested methods of dealing with them. If one reflects for a moment, it becomes clear that there is a sense in which a single act-type may,-depending on the circumstances and context, constitute doing different things. In signing one's name, for example, one may be giving his autograph to an admiring fan or endorsing a 25 check. Furthermore, and more importantly, there may be cases in which, again depending on the context, a single act-type may constitute doing things which are inva sense "incompatible." Signing one's name may, in one context, be to issue a reprieve while, in a different set of cir- cumstances, the "very same act" may constitute issuing a death warrant. In other words, as D'Arcy remarks, "circum— stances may affect not only one's final moral evaluation of an act, but also one's characterization of it: in some circumstances X is P, in others it is Q."24 A couple of examples may help to illustrate the bearing of this possibility of multiple act-descriptions on problems associated with ethics and morality. Consider, for instance, a case from Kant. Suppose a man tells a lie in order to save a friend's life. It seems that we may truly describe this man's act variously as 'telling a lie' or 'saving a life.‘ Now certainly these two descriptions are "incompatible"--not in the sense that doing either of these precludes the possibility of doing the other--but in the sense in which there is a prima facie presumption against lying whereas there is a strong presumption la favor of saving lives. Which of these descriptions we 26 choose, then, may have a tremendous influence-on our moral assessment of the man's action and his character.25 Another example may serve to illustrate even more acutely the sorts of problems for morality engendered by the 'one act--many descriptions' thesis. Consider the ac- tivities of Adolph Eichmann on a given day in 1943. I and many others are prepared to say of Eichmann that 'he exe- cuted many innocent German Jews' or even that 'he committed genocide,‘ a crime as heinous as any the human imagination can conceive. How might Eichmann himself and his col- leagues, on the other hand, be apt to characterize his activities? We can easily envisage Eichmann describing the activities under consideration as 'obeying his legi— timate superiors' or perhaps even 'doing his duty.” And it seems as if there is nothing at least prima facie wrong in obeying one's superiors, at least not in the sense in which there is a presumption against it in the way that there is a presumption against, say, committing genocide. And after all it is true to say of Eichmann that he was obeying his superiors--though it is not at all clear that it is true to say that he was doing his duty. Now consider a third party, oblivious of the circumstances, consequences, 27 and so on of Eichmann's actions. This-person'may feel quite content to describe what Eichmann did-as ‘activating an oven's firing mechanism'; and this description, too, we may suppose is true. This implication of the 'one act-- many descriptions' thesis is disturbing indeed. One and the same action may be sinful or criminal under one de- scription ('executing innocent German Jews'), exonerable or perhaps even commendable under another ('obeying one's superiors'), while under still another description the act is not even subject to moral or legal praise or censure ('activating an oven's firing mechanism'). The example just considered suggests-further prob- lems associated with describing actions. Let us assume for the moment that Eichmann himself did not press the button to activate the oven's firing mechanism, but that instead he gave the order to one of his subordinates to do so. First we have Eichmann's act of ordering his subordinate (let us call him Schultz), the consequence of which is the firing of the incinerator; Schultz's act, in turn, results in the death of the innocent Jewish victims. Here we have at least two questions to consider. First, can we distin- guish an act from the consequences of that act and, if so, 28 how? Is it merely a practical, arbitrary distinction we commonly make, or are there any logical criteria for dis- tinguishing an act from its consequences? Secondly, to what extent, if any, can we correctly redescribe an action in terms of its consequences? With respect to the present case, though we may feel no hesitation in holding Eichmann morally responsible for the consequences of his act (viz. the deaths of the Jewish victims), can we substitute 'Eichmann' for 'A' intfluasentence-schema 'A killed 150 innocent Jews' to obtain a true sentence? Once again, are there any logical or quasi-logical criteria for distin- guishing cases in which we may correctly redescribe an act in terms of its consequences from those in which such re- description is precluded as a genuine possibility? I will come back to address these and related problems in Chap- ter II; at this point I am only concerned to indicate the sorts of problems which must be dealt with. Returning again to our original illustration, we might ask what sorts of descriptions genuinely count as descriptions of acts or act-types, and which are more properly characterized as descriptive of goals, endeavors, plans of action, and so forth. There does appear to be an 29 element of particularity associated with the notion of aa action. Murder, telling a lie, and pitching a ball are relatively clear cases of act-types. It also seems plaus- ible to suggest that leading a good life or conquering the world, on the other hand, are not properly termed actions in any but a quite extended sense. So in the Eichmann il- lustration, for example, it is not clear that the phrase 'committing genocide' can properly be regarded as referring to or describing an act or an act-type. Perhaps this is part of what Austin has in mind in Speaking of various stages or phases of action. Committing genocide, unlike killing a single innocent person, cannot be accomplished in a temporal stretch sufficiently restricted to refer to it as aa action.26 In addition to its bearing on moral and legal issues, the problem of describing actions is also inex- tricably bound up with wider issues in philosophical psy- chology. Consider, for example, Davidson's now-famous illustration27 of the man who flips the electric switch, turns on the light, and illuminates the room; unbeknownst to him, however, he has also succeeded in alerting a would-be burglar that he is now at home. We may, it seems, 30 truly describe the man's action, what he did, in a variety of ways, including the following: (1) He turned on the light. (2) He alerted a prowler. But whereas the man had "every intention,‘ so to speak, to turn on the light, he had no intention whatsoever to alert the prowler; indeed, he was not even aware that there was a prowler inside. From this it would seem to follow that a given action may be intentional under one description, and yet not intentional under another. Yet it seems that we are dealing here with one and-the same event. These considerations among others have led some philosophers to complain that such analyses make too much depend on the descriptions we proffer for our own and others' actions. Arthur Cody has succinctly voiced the unrest felt by many of these philosophers. The picture suggested by the 'one act--many descriptions' thesis, he claims, "yields a disturbing paradox." "Can there," he asks, "be justice in our praise or blame when everything depends on which description we select to judge a man's actions under? It seems there cannot if many descriptions are applicable and if all applicable descriptions are, though different, true."28 Given the sorts of difficulties 31 engendered by the 'one act--many descriptions' thesis, are we forced to simply throw up our hands in desperation, or may it perhaps be possible to formulate some guidelines for choosing from the multitude of true descriptions of a single act one which is the "preferred" description? A few philosophers, notably Cody, have gone so far as to deny the 'one act--many descriptions' thesis, claiming instead that one and only one description is applicable to any given action. Others, however, accept the conclusion which Cody bemoans, namely that much aaaa indeed depend on the descrip- tions we give of actions, but have set themselves the task of elucidating the notion of action-description and at- tempting to solve the sorts of difficulties and dispel the sorts of paradoxes to which Cody draws our attention. It is with these latter philosophers that I plan to join forces. ' What is needed, then, is an analysis which will provide some criteria or guidelines for marking off one or more descriptions of a given action as the "preferred" de- scription(s); that description which, among the many pos- sible true descriptions, most appropriately or correctly characterizes the act in the given circumstances. We may 32 find that any attempt to-formulate-a rigid set of necessary and sufficient conditions for "preferred" or "correct" act- descriptions is destined to fail to do the-job required of it. Concepts like propriety and correctness are, after all, highly dependent on human interests, purposes, conven- tions, and so on. Whether or not a sentence is true depends on whether or not it satisfies more or less easily speci- fiable truth-conditions. The concept of propriety, on the other hand, does not lend itself to an analogous explica- tion. But from the fact that it may be impossible to formulate a set of necessary and sufficient conditions for "correct" or "appropriate" act-descriptions, and from the observation that such concepts are dependent on human pur- poses and conventions, it does not follow that there are or can be no considerations to guide us in our inquiry. The rest oftmis study will be devoted to an attempt to determine and explicitly formulate such considerations. 33 3. Correct vs. 'Merely;True' Act-Description529 It now appears to be a philosophical commonplace that, once we grant that a given item of human behavior may be truly described in any number of distinct ways, we find ourselves faced with the sorts of difficulties and para— doxes discussed in the last section. What is sorely needed, then, is an analysis which will provide some criteria, however inexact, for selecting from the class of true de- scriptions of an action that descriptionr(or those de- scriptions) which most adequately,-appr0priately, or 'cor- rectly' characterizes or identifies what the agent is doing at any given moment. In this section, I would like to examine in some detail two such proposed analyses for dis- tinguishing the 'correct' description(s) of a given action from the much larger class of true descriptions applicable in a given case. (i) Rayfield's Proposal The first of these analyses was first proposed by David Rayfield in a paper entitled "On Describing Actionsfl30 To the best of my knowledge, this paper represents the only 34 explicit attempt to date to formulate-a set of necessary and sufficient conditions for distinguishing"correct' from "merely true" act-descriptions; furthermore, it is expressly designed to meet the pressing need in action theory engen- dered by the 'one act--many descriptions' thesis. I would now like to turn to an examination of the proposal. First I will attempt to present a clear and accurate exposition of the analysis itself. I will then go on to argue that the analysis fails to do the job required of it for two reasons. First, I will try to Show that Rayfield‘s analysis of true descriptions is circular insofar as it turns on his notion of an 'unbound action.‘ Secondly, and independent of the charge of circularity, I will argue that the basis upon which Rayfield draws the true-correct distinction leads to certain unacceptable consequences for action theory. But more of this later--first the analysis itself. Rayfield proposes a threefold distinction between various descriptions of a single action. First there is a distinction between descriptions which are applicable to an item of an agent's behavior and those which are not applicable. A description Dn is said to be applicable to . . . . . ' 31 A's behav1or "if and only if Dn 15 either true or-correctfl' 35 Thus, he introduces a twofold distinction within the class of applicable descriptions, namely, the distinction between descriptions which are EEES and those which are correct. He defines these concepts as follows: A description Dn, of A's behavior, X, is true if and only if A did do what he is said to have done in Dn. A description Dn is correct if and only if: (i) Dn is true; and (ii), Dn is the same as Dn', Dn' being the description of x under which A X's, i.e. A's own description of his behavior.32 A description which is not applicable is false. A descrip- tion which is correct is a fortiori true, but not con- versely. Truth does not ensure correctness, though cor- rectness ensures truth, correctness being a stronger con- dition than truth and including it as a necessary condition of itself. Before examining the implications of this analysis, it may be helpful to see it at work as applied to an illus- tration offered by Rayfield.33 Suppose a fireman in a power shed has certain duties, among which are keeping the boilers fired, checking the chlorine content of the water in the hot water system, and so on. In the midst of one of his meter readings a fire breaks out and the fireman Sets 36 himself to extinguishing it. Rayfield offers several de- scriptions which might be given of the fireman's behavior, including the following: (1) He's fighting the fire. (2) He's praying. (3) He's swearing. (4) He's reducing a supply of sand (under the sign 'FIRE'). (5) He's neglecting his duties (e.g. the forgotten chlorine reading). (6) He's firing the boiler. In the first place, (6) is simply false; it is not a true statement of what the fireman-is doing. Hence description (6) is not applicable. (1)-(5) we may accept as true and hence applicable. But which of these (1)-(5) are correct as well as applicable? By appealing to the criteria for correct descriptions we may conclude that those and only those descriptions are correct for which the fireman him- self would give a candid, affirmative response to the question 'Were you (are you) X-ing?‘34 For example, were we to ask the fireman 'Were you praying?‘ and were he to candidly answer 'Yes,‘ we could then take description (2) as correct as well as true. If, on the other hand, we 37 were to ask him 'Were you (are you) neglecting'your‘duties?' and were he to answer 'Hell no!,' description (5) while true (it truly describes what the fireman was doing or, more precisely, what he failed to do), it would neverthe— less fail to meet the other necessary condition for quali- fying as a correct description. Thus while both descrip- tions (2) and (5) are true and hence applicable, only de- scription (2) is correct. Rayfield acknowledges that there may, on a given occasion, be more than one correct descrip— tion of an agent's act, namely when the agent responds affirmatively to the question 'Are you X-ing?‘ or 'Did you X?’ under two or more descriptions of his action; nevertheless, claims Rayfield, "it may be generally the case that one performs an action under only one descrip- tion."35 So much then for Rayfield's analysis. Is there anything about this proposal which should make us hesitant to accept it wholesale? Leaving the applicable-inapplicable distinction aside for the moment, there is something odd in Rayfield's subdivision of applicable descriptions into those which are "merely true," so to speak, and those which are not only true but correct as well. More specifically, 38 it is the basis upon which Rayfield draws the distinction which should make one suspicious. It is not clear exactly what job he expects the true-correct distinction to per- form, but it is illuminating to discover what sorts of claims one finds himself committed to if he does accept this distinction the way he marks it. Let us focus for a moment on what Rayfield has to say concerning those descriptions which he terms true but not correct. He tells us in one place that "true descrip- tions will be descriptions of items of A's behavior which qualify; not as bound actions, but as either mere doings or unbound actions."36 "Mere doings" are items of behavior such that no agent could, on any occasion, decide to per- form. Rayfield gives the example of sneezing; one could never decide to sneeze, even though one could decide to undertake measures conducive to sneezing (say sniffing pepper). Mere doings can never qualify as bona fide human acts, bound or unbound. What is important for our purposes is the concept of an unbound action, for it is to such actions that true--but not correct--descriptions apply. To discover what is meant by the notion of an unbound action we must first attend to Rayfield's analysis of~a bound 39 action, for the former are defined negatively-in-terms of the latter. Rayfield specifies four jointly necessary and sufficient conditions which a given item of behavior X must satisfy to qualify as A's bound action. These may be sum- . 37 marized as follows: (1) X must be a doing (as opposed to a suf- fering, or something which happens to A). (2) X must be decidable; that is, X must be such that someone, not necessarily A, could on some occasion, not necessarily this one, decide to X. (3) A must be responsible for X. (4) A would give, if he were asked it, a . candid, affirmative answer to the ques- tion 'Are you X-ing?‘ or 'Did you X?‘ Only items of behavior which successfully meet all four conditions qualify as bound actions. A given item of be- havior which fails to meet condition (2) counts as a mere doing. An item of behavior which satisfies conditions (1)-(3) but which fails to meet condition (4) qualifies as an unbound action. But, alas, condition (4) which serves to distinguish bound from unbound actions is pre- cisely the criterion which distinguishes correct from true descriptions of actions. Thus it seems as if-we have come full circle. Our original task was to get clear on the 40 notion of a true description; to do-this we found it neces- sary to explicate the concept of an unbound action; But it turns out that the concept of an unbOund action is analyzed in terms of true descriptions. In short, this line of questioning seems to have gotten us nowhere. I think the crux of the problem will become ap- parent if we examine the force of condition (4) of bound actions which, as we have seen, also serves as the cri- terion for distinguishing correct from true descriptions. Think for a moment what might be entailed byra candid, negative answer on the part of the agent to the question 'Are you X-ing?'-or 'Did you X?E- First, a negative answer to this question may simply constitute a truthful denial that the description in question applies to the act under consideration. This case presents no problem; it is simply an instance of a false description, it does not accurately describe what the agent did. In the above case, for ex- ample, a negative answer on the part of the fireman to the question 'Were you firing the boiler?‘ accurately reflects that this description is false. But what else might a negative answer to the ques- tion 'Were you (are you) X-ing?‘ indicate? It seems clear 41 that it may indicate simply a lack of awareness, delibera- tion, heed, or attention on the part of the agent. If our fireman had told us that he was not swearing, we might rightly respond, 'You were swearing all right—-even if you weren't aware of it.‘ In other words, on Rayfield's analysis it is difficult to see how we are to understand a locution of the form 'A did X unwittingly.‘ To relegate such unwitting performances to the realm of 'unbound ac- tions' is unhelpful. The act still 'belongs'~to the agent in the sense that he is the author of the act, and that we hold him responsible for its.commissiona«-Though Ray- field's analysis does not go quite so far as to entail that all acts are (by definition) intentional, it does entail that all acts are performed with heed or attention on the part of the agent; but even this weaker claim is false. In response to these criticisms, Rayfield38 charges me, among other things, with failing to understand his dis- tinction between bound and unbound actions-and the corre- Sponding distinction between true and correct act- descriptions, as well as failing to grasp the purpose for. which he draws these distinctions in the first place. 42 First for the distinctions themselves. Rayfield quotes my claim that . . . a negative answer to this question [viz. 'Are you X—ing?‘ or 'Did you X'] may simply constitute a truthful denial that the description in question applies to the act under consideration. This case presents no problem; it is Simply an instance of a false description, it does not accurately describe what the agent did.39 He takes this statement as evidence that I do not compre- hend his distinction between true and correct act- descriptions: Miller apparently takes it that the appro- priate negativexanswer«to»this question is both necessary and sufficient-to qualify the description 'a_Xfed,' as-a false de- scription of 5's behavior.40 In the first place, I do not believe that-the appropriate negative response is both necessary and sufficient to dis- qualify a given description from being true. Furthermore, and more importantly, I deny that the passage-which Ray- field quotes commits me to this claim. On the contrary, I understand quite well that a negative answer to Q4 (i.e. 'Are you X-ing?‘ or 'Did you X?') is not sufficient for qualifying a putative description as false. In fact, I was careful in the passage Rayfield cites to use the word 'may'--not 'must'--in the phrase "may simply constitute a 43 truthful denial that . . . ." I realize that a negative answer to the crucial question needvnot-indicate that the description under consideration is false (although, on Rayfield's analysis, it is sufficient to qualify the de- scription as incorrect). In fact, I explicitly consider the other alternative in my final paragraph;4-l namely, that although the given description may be true, a negative answer may simply indicate a lack of heed or awareness on the part of the agent. -In short, Rayfieldhs~claim that "the puzzlement expressed in Miller's last paragraph is understandable only if it's assumed that appropriate nega- tive answers to Q4 are both necessary and sufficient to qualify a given description as false"42 is clearly without any foundation whatsoever. On the contrary, if this la assumed then my comments in the final paragraph are indeed unintelligible. If Rayfield's first charge is based on a misunder- standing, his second charge is right on target and serves nicely to locate the focal point of-our dispute.' With re- spect to the purpose for which he draws the bound/unbound and true/correct distinctions in the first place, I quote Rayfield: 44 In certain circumstances, theothings~people do take on a special importance:' behavior, which in other circumstances might pass without notice, becomes subject to praise or blame. Before the actual bestowal of praise or blame can be justifiedf-however, it is necessary that we know that the be- havior in question qualifies as what I have called a bound action. Moreover, in such cases, it is not enough to know that the description(s) used for the behavior are true; we must also know that the descrip- tions match that-or those of the person whose behavior is in question. Otherwise, we are confronted with what I S2 take to be a disturbing paradox: we are apt to bestow praise or blame for something done unwittingly or unknowingly.43 In other words, Rayfield's reason for distinguishing-bound actions to which 'correct' descriptions may be applicable from unbound actions to which "merely true" but not correct descriptions apply is to distinguish those items of human behavior which are amenable to praise or blame from-those which are not. Rayfield makes this point explicitly later in his paper: Generally, the motivation [for making these distinctions] is provided when we are about to praise and reward or blame and punish others or ourselves for behavior--because . . . we only praise and reward or blame and punish behavior which qualifies as (bound) action.44 In response to another critic, A. B. Cody, Rayfield takes the opportunity to make this same point, this time even 45 more emphatically: “I consider it a necessaryicondition of ascribing praise or blame to someone's (A's) behavior, X, that X qualify as A's bound'action."45 This claim Seems to me to be clearly mistaken. This is not the point to enter into a detailed examination of the conditions for the ascription of-praise and blame. However, I would like at this time to briefly discuss my reasons for rejecting this view. Let us begin by considering an illustration offered. by Cody.46 Suppose an outfielder inra game*of baseball throws out a runner at home base.. According to Rayfield, while 'Smith threw to home base' is a correct as well as a true description of what Smith did, 'Smith saved the tie,‘ while true, is nevertheless unlike the former not a correct description of Smith's action; presumably, Smith would answer the question 'Are you X-ing?‘ affirmatively in the former case (X = 'throwing to home base'), but would not or could not answer affirmatively in the latter case (X = 'saving the tie'). Furthermore, given his statement of the necessary condition for ascribing praise and blame, it follows that Rayfield would "find it difficult to believe that we would praise Smith for saving the tie . . . if, as is the case by hypothesis, what he did was unwittingly 46 done."47 I agree with Rayfield on this; I too would find it strange to praise someone for something done unwittingly. Nevertheless, I reject Rayfield's statement of‘the necessary condition for the ascription of praise and blame. My reason for this is that in stating the condition-Rayfield seems to be assuming a symmetry between the conditions for ascribing praise, on the one hand, and ascribing alama, on the other. It seems clear to me, on the contrary, that the two-are not wholly symmetrical, that the conditions for ascribing blame. are not identical to the conditions for ascribing praise. Here I am following D'Arcy who claims-that good and bad acts are asymmetrical with regard to the circumstances of intentionality and consciousness (i.e. heed,-awareness, or knowledge on the part of the agent).48 The-absence of intentionality or consciousness, according to D'Arcy, is not always an excusing circumstance (with respect to bad actions), but their absence is always a disentitling cir- cumstance (with respect to good actions). That is to say, if A is not aware of X-ing while he is X-ing, then'he is not entitled to any praise which might otherwise be-forth- coming. If we read 'A is conscious of X—ing while he is X-ing' in Rayfield's terms as 'A knows that he is-X-ing 47 while he is X-ing,' then I think the'claim concerning the asymmetry between ascribing praise andiascribing*blame can be stated quite simply. That is, though we may (sometimes) blame A for X-ing even though‘he was not conscious of X-ing (i.e. A would answer our question 'Were you or are you X-ing?‘ negatively), we nevertheless do not praise a person for X-ing if he didn't know he was X-ing. So if A X-es unwittingly, and even if X (or the consequences-of-X) is felicitous, we nevertheless do not praise A for X-ing; we simply don't praise a person for doing good accidentally.49 Therefore, with respect to Cody's baseball illustration, it is not surprising that we would not praise Smith for saving the tie if what he did was done unwittingly. But from this it does 222 follow that we would (or could) never=blama A. for X-ing even though he X-ed unwittingly.50 This is the point at which our disagreement mani- fests itself most markedly. For if what I have said is correct then it follows that we may be blamed not aaly for our (bound) actions which are culpable, though-it does follow that we can only be praised for (bound) actions. Specifically, I am suggesting that one may—-not must-~be held responsible and blamed for at least one species of 48 unbound action, namely, that generated by appropriate nega- tive answers to the question 'Are you X—ing?’ or 'Did you X?‘ (which answer, as pointed out earlier, may simply indi- cate a lack of heed or awareness on the part of the agent). Finally, I do not think that anything I have argued for here commits me to the "limited and strange view" that . . . if anything an agent does qualifies as an action it might be something tey [he] does unknowingly, or that everything tey [he] does knowingly thereby qualifies as an action of ters [his].51 So much then for Rayfield's analysis. Let us now turn our attention to a second proposal for selecting the correct act-description from all the true descriptions applicable to a given action. (ii) Intention and Convention Andrew Oldenquist has discussed two-independent criteria for identifying the 'correct' (i.e. apprOpriate) 'description of an act.52 He begins by considering the illustration of a person (let us call him Jones) extending his arm from his automobile. Any number of descriptions may be applicable to this single event (or cluster of events). For example, 'stretching his arm,‘ 'signaling a 49 left turn,‘ and 'pointing to a church' may all be taken to be compatible with the set of events observed (assuming, of course, that there is a church within Jones' field of vi- sion). On what basis, then, are we to-decide which of these descriptions, if any, correctly describes what Jones is (was) doing on this occasion? According to Oldenquist, "since, by hypothesis, which of these three actions Jones actually performs does not depend on events he produces, it behooves us to seek elsewhere for criteria that justify the. application of one action description rather than-another."53 And the two criteria he considers are "the applicability of social practices or conventions and the intention with which the action is done."54 What this means is that "given other conditions, the existence of an intention or an appli- cable practice logically entails . . . a given action."55 Let us turn then to an examination of these criteria and attempt to determine whether they fare better than that suggested on Rayfield's analysis. To begin with, it is clear that certain types of actions are logically dependent on the existence and opera- tion of various social practices and conventions.- Paradigm cases of such act-types would include such things as 50 signaling turns from one's automobile, making a move in chess, repaying one's debts, and so on.- It is no less obvious that an agent's intentions often play a crucial-- though not necessarily always a decisive--role in determin- ing what act is or has been performed. However, it can easily be shown that applying the two suggested criteria for identifying the correct description of a given action may lead us to inconsistent results. For example, consider the above illustration. On the one hand, given Jones' ex- tension of his arm, if he intended to pointrout a church to his companion, then, presumably, this entails that he was pointing to a church (the existence of the intention on Jones' part). On the other hand, given-the existence of the practice or convention of signalling turns from one's automobile, and given Jones' extension of his arm, this would, on the analysis under consideration, entail that Jones was indeed signalling a turn (the existence-of an applicable convention). In other words, to state the dif- ficulty more generally, it may sometimes be the case that, given a set of physical occurrences (in this case, Jones' extension of his arm), the (description of the) action logically entailed by the existence of an intention on the 51 part of the agent may not be the same as the (description of the) action entailed by the existence of an applicable practice or convention. In our illustration,-Jones' inten- tion to point out a church to his companion entailed that he pointed to a church, while the existence-of the practice or convention of signalling turns from one's automobile entailed that Jones was signalling a turn.56 Oldenquist himself, in all fairness, seems to be sensitive to just this sort of difficulty: But the issue is complicated by the fact that given an appropriate bodily movement, it ap- pears to be sometimes sufficient and sometimes merely necessary for an action to take place that one intend it. Similarly, it appears to be sometimes sufficient and sometimeswmerely necessary for an action to take place that a practice or convention apply to it, and some- times the convention and the practice will be jointly sufficient. It will be evident that which of these alternatives holds depends not only on the kind of action in question but also on the circumstances in which the~action is to be done.57 All this seems correct. It is not possible, for example, to commit murder unintentionally, but I can nod my head unintentionally. Given certain circumstances, however, nodding one's head = bidding at an auction. ~In this case, the circumstances and the relevant practices and conven- tions dictate that one has made a bid whether'he intended 52 to or not; he will be held responsible for making the bid and expected to pay up. So I agree with Oldenquist on this. All I am claiming is that to admit this "complication" is tantamount to giving up the claim that either of these two proposed criteria does, in fact, succeed in establishing necessary and sufficient conditions for identifying which of many possible descriptions correctly applies to a given bit of human behavior. The precise role of intention and convention in determining the correct description applicable to a given action will be taken up in detail in Chapter III; for the present, I have only attempted to show that they are not necessarily EBB decisive factors for identifying correct act—descriptions. 4. Description and Purpose In the preceding section we examined two proposed models for identifying correct descriptions of human actions. I have argued that both of these models are unable to with- stand analysis, and consequently fail to do the job required. During the course of this examination, I considered each proposal in turn and offered arguments directed specifically 53 against various shortcomings in each. I should now like to turn to a more general discussion of all such proposals and try to show that, in addition to whatever specific failings are unique to any proposed analysis of this type, there is a further assumption which is implicit in all such attempts; and furthermore, that this assumption constitutes a fatal error which renders all such attempts wrong-headed from the start. I shall take it as obvious that if one attempts to determine a set of necessary and sufficient conditions for distinguishing 'correct' from 'true' act-descriptions in the way that we have been using these terms, that person a fortiori assumes that such a specification is possible; in other words, he does not believe that his enterprise is doomed from the outset. I would like to show why I feel that this assumption is wrong, and why those who proceed on the basis of this assumption must find themselves confronted with an impossible task. At the risk of being redundant, let me state ex- plicitly once more the desideratum of our enterprise; The starting point for our inquiry is the hypothesis that any given act may be truly described in many different ways. Among this class of many true descriptions applicable to a 54 given act, however, not all will count as 'correct' de- scriptions as well of the act in question. Here 'correct' is being taken to mean, roughly, 'appropriate in a given context.‘ What we want is some method or procedure for picking out, as it were, from the class of true descrip- tions that description (or those descriptions) which is not only true but correct as well. Now I think that before one proceeds to attempt to distinguish correct from true descriptions, it would first be wise to get clear on the notion of description itself-. Once this concept has been sufficiently attended to, I think it will become clear why the sorts of analyses discussed above are misguided in principle. It is extremely important at the outset to recog- nize and emphasize the fact that descriptions are not asked for and given in vacuo; when one asks for or offers a de- scription of some event, he wants or offers the description for some purpose. A scientist, for example, may-be inter- ested in the occurrence of some natural phenomenon-for any number of reasons. He may be seeking a confirming instance for a scientific law or hypothesis, he may wish‘to-be able eventually to explain the event in question, he may want to 55 base further predictions on its occurrence, andiso on. Which of these he adopts as his aim or purpose will deter- mine to a great extent what sort of description of the phenomenon in question he will give, which features of the event are particularly relevant and ought to be mentioned. That is to say, the correct or apprOpriate description in a given context is, at least partly, a function of the in- quirer's interests,.aims, or goals. ~Failure to recognize this rather elementary fact about the notion of‘a descrip- tion can result in much confusion and argument at cross- , purpose;--ThiS-feature—of description holds no less true for that class of events which we single out as human actions. It is a feature which attends thesconcept of de- scription itself, and it obtains regardless-of the type of event (or object) to be described. In other words, al- though the problem of act-descriptions does involve certain questions about factors peculiar to human action,-it is nevertheless in large part simply a species of the problem of description itself. Depending on one's interests, the description one offers of some event (say a human actionr may be more or less general, expanded to include as many details as he 56 deems relevant to his purposes, and-so on; Theremis no way of determining a priori what will countias-the (or an) ap- propriate or correct description; we must first know to what use(s) the description is to be put. As pointed out earlier in Section 1, it is a unique-feature of human ac- tions that we are often interested in their descriptions for purposes of moral and/or legal assessment. But even where we have succeeded in specifying our purpose to this extent, there is still considerable flexibility in what we might count as an appropriate or correct description of a given item of behavior.. For instance,-I may be interested only in the most generalacharacterizatien placing the act in question in a "moral genus" ('X was an act of injusticefl 'Y was an act of mercy,‘ etc.). Or on the other hand, I may be interested in locating the act in question in its relevant "moral species." I may already know, for example, that A killed B, but what I want to know is whether the killing in question constituted murder; that is, I want to know whether A killed B intentionally, with malice afore- thought, and so on. From these considerations it should be clear that the notion of a 'correct' description is highly 57 context-dependent. We cannot begin to answer thetquestion whether a particular description iscorrect or appropriate until we have first determined the answer to=a prior ques- tion, namely, 'Appropriate for what?‘ Do you want a de- scription of what the agent did which'would-satisfy a physiologist, or one which the jurors in a court of law would find informative? And as fortthe physiologists themselves, the description which satisfies A who is working on the neural structure may not be helpful at all to‘B who is investigating muscular control.» It is this sort of context-dependence of act—descriptions, I contend, which makes any attempt to specify necessary and sufficient conditions for correct act—descriptions impossible in prin- ciple. It is not simply that the task of devising a can- onical form to serve as a quasi—mechanical-method for picking out correct descriptionsof human actions would be an extremely long, complicated, and arduous enterprise; rather, the enterprise itself is in principle-wrong-headed. The description picked out as correct or appropriate for one purpose and in one set of circumstances may not be appropriate given another purpose and a different set of circumstances. 58 In light of these considerations, are~we~forced to conclude that nothing can be gained-in-an-attempt to specify in what way a certain act-description may-be said to be a 'correct' description of a given act? I do not think that we must be forced to this conclusion. -To-argue that it is impossible to establish a set of necessary and sufficient conditions for correct act—descriptions-is not-to establish that the notion itself is meaningless or hOpelessly obscure. At the very least we can~beginf~following-Rayfield, by spe-I cifying one important necessary condition for a correct '-act-description; namely, the condition that such a descrip- tion must be papa. That is to say, an act-description is correct only if it is true. If a putative description of a given item of human behavior is false, then that description is a fortiori not correct. For instance, in the fireman illustration in the last section, to describe his act of extinguishing a fire as 'firing the boiler' is Simply to offer a false description; that is app what the fireman was doing, indeed the two are mutually incompatible; This description has failed to meet the minimally necessary condition for a correct description. -But of course the converse entailment does not hold; that a certain 59 description satisfies the condition of being true does not thereby ensure that that description is also correct. But this should not be surprising in light of my contention that no determination of necessary and sufficient condi- tions for correct act-descriptions is possible. On what grounds, then, are we to proceed in attempting to discover what la involved in the notion of a correct description? What I want to suggest is that we analyze the no- tion of a correct (act) description along the lines of a defeasible concept, to borrow from.Hart's,terminology. I have already mentioned one necessary condition which any given description must satisfy if it is to qualify as a correct description; that description must at least be true. Moreover, I have foregone any attempt to specify further conditions which would, if conjoined with truth, constitute a set of necessary and sufficient conditions. Nevertheless I do feel that we can point to various sorts of defeating conditions which would disqualify certain true descriptions from being correct as well. We have been taking the term 'correct' to be roughly equivalent to 'appropriate.’ Now one important way in which a given description may fail to be apprOpriate is if it is 60 in some sense misleading. Given this, we may provisionally characterize a certain description of an itemiof‘human be- havior as a 'correct' act-description if it is (i) true, and furthermore (ii) it is not misleading or infelicitous. Those features which would render a given (true) descrip- tion infelicitous would be precisely-those sorts of defeat- ing conditions whose presence would nullify a description's claim to correctness. I am well aware that all this-talk about a descrip-‘ tion (or any type of statement, for that matter) being in- felicitous or misleading commits me to something akin to Grice's concept of "conversational implication" or to a notion like "pragmatic implication" often associated with Moore. At any rate, such talk commits me-to aamanotion of "implication" distinct from strict logical implication or entailment as these are understood by the formalist. Nor am I oblivious to the fact that some philosophers regard these notions at least with suspicion, if not outright contempt. The grounds for such suspicion and contempt, however, are not always so clear. At times it seems as if those who find themselves opposed to all sorts of non- logical implication are intent on denying that there is 61 any such thing at all. This seems to me to be~c1early mis- taken. At other times, however, those who are inimical to the concept of non-logical implication-simply appear to bemoan the fact that this concept does not lend itself to the kind of precise and rigorous-analysis with which they are so enamored. And this I am prepared to concede. For non-logical implication, whatever else it involves, is a relation holding between statements in a natural language; to attempt to subject this to rigorous analysis byrimposing' the straitjacket restrictions of an artificial language is to blur those very features of-English words and sentences which make the notion of some sort of non-logical'implica- tion useful to begin with. But to admit this is not to concede that the concept itself is and must remain hope- lessly vague and obscure; it is only to admit that an adequate explication of this concept may not be accomplished with the facility that some might like. We will not be able to ask questions like 'What does any sentence of form F (non-logically) imply?'; rather, we must in each instance ask 'What is (non-logically) implied by gala English sen- tence?‘ This does not mean, however, that the results of our inquiry will be valid only with respect to 62 act-descriptions formulated in English. The emphasis is not on English as opposed, say, to French or Swahili, but on natural languages as Opposed to artificial languages. Nor should my comments be taken to suggest that no general con— clusions will be forthcoming. Various terms and phrases which we use to designate certain act-types can be clas- sified, for instance, with respect to whether or not they entail the presence of intentionality and consciousness. If we can succeed in spelling out the-relations between these and other concepts peculiar to human actions such as voluntariness, involuntariness, ascription of responsi- bility, praise and blame, the presence and absence of certain motives, and so on, we may then find ourselves in a position to say what is and what is not (non-logically) implied by an act-description employing one or more of these terms and phrases. And given this, we would then be able to determine whether a certain description is or is not correct. All of this will become much clearer when we get down to actual analyses of cases. Before proceeding, however, I feel it is necessary to give at least a rough Sketch of what I take non-logical implication to be. 63 The idea behind the notion of non—logical implica— tion is basically this: when I say something, I am com— mitted not only to the actual content of the sentence I utter in the sense that I must mean what I say,58 but also to the relevant implications of what I said in the sense that I am committed to that which I legitimately give my hearer(s) to understand by the statement I-utter. A couple of examples may help to clarify this. Suppose that I in fact know that Morrill Hall was constructed in l9___; if I then proceed to tell someone 'I believe that Morrill Hall was constructed in l9__,' then what I have said is not strictly false,59 but it is nevertheless in an important sense misleading or infelicitous. For I have then given my hearer to understand that I "merely believe" the propo— sition in question. And this holds in spite of the fact that belief does not formally entail absence of knowledge; indeed if, as most philOSOphers agree, knowledge entails belief, then how gaala belief entail the absence of knowl- edge? In other words, saying that one believes that p non-logically--though not formally--implies that one does pal know that p. To take another case more germane to our purposes, consider the following illustration.‘ Suppose in 64 a court of law that the accused protests that all he did was plunge a knife into a motionless object; this descrip- tion of his act, while true, may nevertheless be misleading if he fails to mention that the motionless object in ques- tion was his sleeping wife. It is this sense of misleading or infelicitous which I wish to exploit in attempting to distinguish correct from "merely true" act-descriptions.60 To repeat again, what will count as misleading or infelicitous cannot be determined a priori; it will vary greatly depending on the circumstances and the needs and concerns of those interested in the description of a given act. What is important in one context, say the presence or absence of intention on the part of the agent, may not be relevant in another. Certain descriptions may be neu- tral with respect to relevant aspects of action; in such cases, whether further specification is required will be a function of the interests and circumstances. Some de- scriptions, on the other hand, themselves entail at least partial specification of various relevant aspects; murder, for instance, unlike manslaughter, entails the presence of intention on the part of the agent. Whether and, if so, the extent to which a given act-description must be 65 expanded or contracted in order to avoid being misleading will again, of course, depend on the given act, the rele- vant circumstances attending its execution, the context in which it takes place, the needs and interests of those concerned, and so on. With all this in mind, then, let us now turn to the problem of act-descriptions as it re- lates to the issue of actions and consequences. NOTES ON CHAPTER I l. The Function of Action-Sentences 1A. I. Melden, "Action," The-Philosophical Review, Vol. LXV, No. 4 (October, 1956), p. 530. 2Even if it were necessary that I need to know what bodily movements took place-in order to know what I was doing in any given case, it would app follow that I could know this-only by observing my own movements; that is, if we allow for the possibility of "non-observational«knowl- edge," to use Miss Anscombefls phrase. 3John W. Yolton, "Ascriptions, Descriptions, and Action Sentences," Ethics, Vol. 67, No. 4 (July, 1957), p. 307. 4Melden, p. 541 (italics mine). 5John W. Yolton, "Act and Circumstance;" Journal of Philospphy, Vol. LIX, No. 13 (June 21, 1962), p. 338. 6 Yolton, "Ascriptions, Descriptions, and Action Sentences," p. 307. 7Stuart Hampshire, Thought and Action (New York: The Viking Press, 1959), p. 90. 8P. T. Geach, "Ascriptivism;" The Philosophical Review, Vol. LXIX, No. 2 (April, 1960). p. 221:° This paper represents a general critique of the sort of position held by Hart and Melden, though Geach himself mentions no one in particular (other than a general reference to "some Oxford philosophers"). George Pitcher also criticizes this sort of position in his article, "Hart on Action and 66 67 Responsibility," in the same issue of The Philosophical Review, pp. 226-235. 9Yolton, "Ascriptions, Descriptions, and Action Sentences," p. 310. 10There are, of course, some limits to this flexi- bility. I could hardly use a locution such as 'How many people are inside?’ to issue a command, for example. Even here, however, I suspect that the flexibility is greater than is commonly supposed. A rhetorical question, for ex- ample, though it shares the interrogative form of other questions, is not really a question at all in the way it functions. 11In a similar vein Anscombe distinguishes the point of a sentence in the language from the speaker's purpose in uttering the sentence (Intention, p. 3). Thus, a sentence may have more than one "point" in the language, even though the speaker on a given occasion may be exploiting only one of these "points" in uttering or using the sentence. This is for all practical purposes equivalent to my distinction between the "functions" of a sentence and the illocutionary act performed by a speaker in uttering the sentence on a given occasion. (Of course I am not forgetting that, to paraphrase Strawson, sentences don't do anything, rather it is people who use sentences to do things.) len the face of it, this may seem to contradict my earlier claim that moral responsibility does not entail causal responsibility. But this is not the case. My earlier remarks concerned general claims about the ascrip- tion of responsibility in its various senses, not the func- tion of sentences of a certain form. The present discus- sion is restricted to the jobs performed by action sentences of the form 'A did X.‘ Thus, in our previous example, though A may be morally responsible for his wife's suicide, the sentence 'A's wife committed suicide' itself ascribes no responsibility to A. Of course, A's responsibility may be captured in a redescription of his action in a sentence of the form 'A did X' or 'A X-ed' (e.g. 'A drove his wife to suicide'), in which case the present analysis applies; in the ascription of moral responsibility to A he is a fortiori identified as the author of the act in question (viz. driving his wife to suicide). 68 13Joel Feinberg, "Action-and~Responsibility," in Philosophy of Action, ed. Alan R; White (Oxford University Press, 1968b p. 110. 2. One Act--Many Descriptions l4Eric D'Arcy, Human Acts: An Essay in their Moral Evaluation (Oxford: Clarendon Press, 1963), p. 10. 15 John L. Austin,"A Plea for Excuses," p. 148. 16Keith Donnellan, "Knowing What I am Doing," Journal of Philosophy, Vol. LX, No. 14 (July 4, 1963), p. 401. 17Brian O'Shaughnessy, "Observation and the Will," Journal of Philosophy, Vol. LX, No. 14 (July 4, 1963), p. 375. l8Stuart Hampshire, Thought and Action (New York: The Viking Press, 1959), p. 169. 19See also, for example, G. E. M. Anscombe, Intention (Oxford: Basil Blackwell, 1958), p. 11 ("Since a single action can have many different descriptions . . . "); and Charles Taylor, The Explanation of Behavior (London: Routledge & Kegan Paul, 1964), p. 28, n. 20Hampshire, p. 169. 21D'Arcy, p. 12. 22Nicholas Rescher, "Aspects of Action," in The Logic of Decision and Action (Pittsburgh: University of Pittsburgh Press, 1967), p. 215. 23It is this sort of possibility which leads Kenny to observe that "If we cast our net widely enough, we can make 'Brutus killed Caesar' into a sentence which describes, with a certain lack of specification, the whole history of the world." Action, Emotion, and Will (London: ~Routledge & Kegan Paul, 1963), p. 160. And it is considerations like 69 this which lead him to argue against the temptation to treat actions simply as a queer species of polyadic rela- tion (Ch. 7, "Actions and Relations"). 24D'Arcy, p. 1. 25This sort of case will be discussed thoroughly in Chapter II, Section 2. 26At least not in 1943. Unfortunately, modern weapons technology appears to have made it possible to commit genocide at "one fell swoop." 27Donald Davidson, "Actions, Reasons, and Causes," Journal of Philospphy, Vol. LX, No. 23 (November 7, 1963), p. 686. 28Arthur B. Cody, "Can a Single Action Have Many Different Descriptions?," Inquiry, Vol. 10, No. 2 (Summer, 1967). p. 165. 3. Correct vs. 'Merely True' Act Descriptions 29With a few minor stylistic variations, this portion of the present chapter (PP. 33-41) has been published under the title "Correct vs. 'Merely True' Act—Descriptions" in Inquiry, Vol. 17, No. 4 (Winter, 1974), pp. 457-460. laguiry is published by Universitetsforlaget, Oslo, Norway. 30David Rayfield, "On Describing Actions," Inquiry, Vol. 13, Nos. 1-2 (Summer, 1970), pp. 90-99. 31Rayfie1d, p. 93. 32Rayfield, p. 93. 33Rayfield, pp. 92-93. 34Rayfield, p. 94. 35Rayfield, p. 95. 70 36Rayfield, p. 93. 37Rayfield, p. 91; for a more detailed discussion see Rayfield's "Action," Nous, Vol. II, No. 2 (May, 1968), pp. 131-145, esp. pp. 136-145. Also see Rayfield's more recent Action: An Analysis of the Concept (The Hague: Martinus Nijhoff, 1972), particularly chapters I, II, and V, as well as my review of same in The Michigan Academician, Vol. VII, No. 1 (Summer, 1974), pp. 128-30. 38David Rayfield, "On Miller's Paradoxes and Circlesfl' Inquiry, Vol. 17, No. 4 (Winter, 1974), pp. 461-464. 39 p. 40. 4oRayfield, "On Miller's Paradoxes-and Circles," p. 462. 41pp. 40-41. 42Rayfield, "On Miller's Paradoxes and Circles," p. 462. 43 Rayfield, "On Miller's Paradoxes and Circles," p. 461. Even if this result were disturbing, I fail to see how it constitutes a paradox. 44Rayfield, "On Miller's Paradoxes and Circles," p. 463. 45David Rayfield, "Cody's Categories," Inquiry, Vol. 16, No. 4 (Winter, 1973), p. 425. 46Arthur B. Cody, "Is 'Human Action' a Category?," Inquiry, Vol. 14, No. 4 (Winter, 1971), pp. 404-405. 47Rayfield, "Cody's Categories," p. 425. 48D'Arcy, Human Acts: An Essay in Their Moral Evaluation, Ch. 3. 71 49We might praise a child, for example, for doing something we regard as commendable, eveniif the child were not aware of doing that for which he or she is commended. But a case like this seems to be more akin to encouragement than to commending per se; we point out to the child those features of the action which make it praiseworthy, and then "commend" or reward the child—-in words or otherwise--in order to encourage the same sort of behavior in similar circumstances in the future. With respect to cases such as these, it seems useful to distinguish-calling an act good (or bad) and praising (or blaming) the agent for per- forming the act in question. 50Rayfield seems to be guilty of another sort of asymmetry as well. In his analysis, Rayfield implies that either of two questions, namely 'apa you Xing?‘ and 'Qla you X?‘ will do equally well for distinguishing bound from unbound actions (and true from correct descriptions). But his baseball illustration highlights particularly well the fact that the present tense and past tense uses of the question are app on a par. If we construe ‘saving the tie' as an achievement verb (to use Ryle's terminology), then of course Smith would not be in a position to answer the ques- tion 'apa you saving the tie?‘ affirmatively--or negatively. Being an achievement verb, he could not answer the question at all until such time as the feat is either accomplished or he fails. But I would think that there would be no impro- priety in Smith's answering the question, 'pla you save the tie?‘ affirmatively, assuming of course that the throw was successful. Perhaps Rayfield would object that 'saving the tie' is not something that anyone could decide to do; That is, although Smith could decide to pay to save the tie, 'saving the tie' is not itself something he could decide to do. But if that's the case, then it seems that the same considerations ought to apply to 'throwing to home base' as well (if we construe this as an achievement verb too). Strictly speaking, Smith is entitled to assert only that he is trying to throw the ball to home base; after all, the ball may fall short of second. Again, of course, once the feat is accomplished, Smith could rightly answer 'Yes' to my question, 'Qla you throw the ball to home base?‘ On the other hand, it doesn't seem to matter which of the two questions we ask the agent with respect to task verbs like 'running' or 'throwing a ball,’ for example. 72 Here it seems simply a function of the-time at which we put the question to the agent; that is, whether we ask him the question while he is engaged in the activity (present tense use), or after the doing has been completed (past tense useL Nevertheless, it does not seem that-the'present and past tenses are on a par generally, once the distinction between task verbs and achievement verbs is taken into account. (It is interesting that Rayfield puts only the present tense use of the question to Smith in the baseball illustration, that is, 'éEE you saving the tie?'). -At any rate, even if I am right about this, it is not as important as the asymmetry between the conditions for ascribing praise and blame, and I don't wish to push the matter. 51 Rayfield, "Cody's Categories," p. 427. 52Andrew Oldenquist, "Choosing,)Deciding, and Doing," The EngyclOpedia of Philosophy, ed. Paul-Edwards (New York: Macmillan, 1967), Vol. 2, pp. 96-104.‘ I’do not wish to sug- gest that Oldenquist necessarily endorses this View; he simply discusses it as a possible solution; The initial plausibility of his proposal, I feel, merits at least a brief discussion.' 53Oldenquist, p. 102. 54Oldenquist, p. 102. 55Oldenquist, p. 102. 56This problem is generated by treating 'or' in the phrase "the existence of an intention pp applicable prac- tice" in the inclusive sense of 'or'; but it is clear from the context of the passages under consideration that this is the sense which Oldenquist intends. 57Oldenquist, pp. 102-103. 73 4. Descriptioniand-Purpose 58Not in the sense that I must be committed to the truth of what I say (otherwise, we would have to exclude such speech-acts as lying, telling~a tale, and so on); it is simply that the meaning of a sentence uttered by a speaker is independent of that speaker's intentions. In this sense, one can intend to say something-and neverthe- less fail to say it; and one can also manage to say some- thing which he never intended to say. 59Here I am assuming that if one knows that p then one also believes that p. 60Henceforth I shall drop the cumbersome phrase 'non-logical implication' in favor of the word limply' (and its various forms) flanked.by scare quotes to indicate that this is what is intended. CHAPTER II ACTS AND CONSEQUENCES It is clear that the-things we do, the actions we perform, are often attended by various consequences which are often foreseen and intended but-occasionally unforeseen or unintended-by the agent~himself.e I stand up and leave the room, and as a result the.quest speaker at the collo- quium is offended. I swerve to avoid an oncoming automo- bile, and unfortunately a pedestrian is struck and killed. I marry Ms. A and Ms. B is jilted. In these and similar cases, we often say that my X—ing resulted in Y or, alter- natively, that Y was a consequence of my act X. It is no less obvious that one often accomplishes something by doing something else; stated simply, we often employ various means for achieving ends which we, for one reason or another, find desirable or worthwhile. For example, I close the door by exerting pressure on it with my hand. Or I discharge my firearm in an attempt to thwart my at- tacker. In such cases, we commonly speak of an agent doing 74 75 Y by doing X. And in some sense the term‘or phrase which is substituted for 'Y' in such cases can be*construed as a consequence of some action on the part of the agent. For instance, the closing of the door-and the thwarting of my assailant in the above illustrations are in some sense results or consequences of my exerting pressure on the door and discharging my firearm, respectively.- In this chapter I would like to examine the relation between act and con- sequence, and in particular attempt to determine the hear- ing of this relation on the problem of act-descriptions. 1- ARedespribing.Acts in Terms oftConsequences Frequently when we have an episode consisting of a number of events which are divisible into an act and the consequence(s) of that act, we find it convenient to re- describe the episode in question solely in terms of the phrase or term used to denote the consequence(s) of the act. Consider the following sequence: I take aim at Smith with my revolver, pull the trigger, and kill or-wound him. Al- though we may quite properly say that 'I shot Smith and 76 thereby killed/wounded him,’ we may just as legitimately say simply that 'I killed/wounded Smith.‘ Indeed, there are cases in which this sort of redescription-is not only harmless and natural, but is expressly called for. For instance, in our example where I close the door by exerting pressure on it with my hand,-although«we~may for some spe- cial reason find it appropriate to describe this episode as 'I exerted pressure on the door with my hand and thereby closed it,‘1 this description would-under most circumstances- sound quite stilted and queer; we find ourselves much more inclined to say simply that 'I closed the door,‘ and this without any loss. Cases like the two just considered are numerous; Eric D'Arcy provides us with further illustra- tions: For instance, if A stabbed B, and thus killed him, we may say simply that A killed B. The act of flicking a switch may produce the con- sequences that (1) contact is made between two points, so that (2) current flows from outside the room, through these points and the wire in the room, into the globe and through its filament, and thus (3) the globe is illuminated; but this may also be described simply as, 'putting on the light', or 'light- ing the lamp'. If a person sings a song, and thus entertains a group of people, we may say either that he is singing a song, or enter— taining them; and if as a result of the latter he raises money for the Red Cross, we may say that he is raising money for the 77 Red Cross; and if as‘a result of that he boosts morale, or helps the war effort, we may also say that he is boosting morale, or helping the war effort.2 All of these cases are such that we have no hesitation in redescribing the act in question in terms of one or more of its consequences. In fact, cases of this sort are so common and frequent that one may be tempted to conclude that such redescription is always at least possible in principle, even if not expressly called for.- It is pre- cisely this temptation which I would now like to examine in detail. (i) Feinberg's "Accordion Effect" Thesis We are agreed, then, that in many cases an action may be correctly redescribed in terms of its consequences. We must now ask whether this is possible in every case; that is, may we always correctly redescribe an act in terms of the consequence(s) of that act? Some philOSOphers have, in fact, claimed that such redescription is, in principle, always open to us. Joel Feinberg, for instance, claims that this is a function of what he refers to as the "ac- cordion effect" feature of action. The notion behind this 78 is that "it is a well-known featurevof'ourflanguage;*whereby a man's action can be described as narrowly orwas'broadly as we please . . . because an act, like a folding musical instrument, can be squeezed down to a minimum or else stretched out." "We can, if we wish, puff out an action to include an effect, and more often than not our language obliges us by providing a relatively complex action word for the purpose."3 Strictly speaking, as Ruth-Macklin points out, "it is the descrlptions of actions-which can be whittled down or.expanded.in.thissmanner"4-—not the actions themselves. In a discussion of Feinberg's position, John Atwell succinctly formulates the "accordion effect" thesis as it applies to the issue of acts and-consequences as follows: "If A did X and thereby caused-Y, then (we may say that) A did Y."5 Feinberg himself concludes that "what— ever difference exists between the two forms of expression [between 'A caused Y' (by doing X) and 'A did Y' (by doing X)] is merely a matter of rhetorical emphasis or grammatical convenience."6 Having granted that this claim holds true for a whole host of cases, let us now consider whether this thesis will do as a qeneral claim applicable to all act- descriptions. 79 First a couple of observations on strategy. Fein- berg's thesis purports to be a general claim concerning acts and their descriptions; as it stands it has the form of a universal statement. Consequently, citing just one legiti- mate counter-example would be sufficient for—refuting the thesis as it stands. But the destructive task is relatively easy; the job of constructive analysis comes much harder. The negative criticism by itself, though valuable, con- tributes little to the solution of the problem of formulat- ing criteria to govern the redescription of acts in terms of their consequences. With this in mind, my aim in the subsequent discussion is twofold. First I will examine Feinberg's thesis on its own merits, and show why I think it is false as a general account which purports to hold across the board for all act-descriptions. Secondly, the kinds of counter-examples adduced to refute the thesis will, I hope, provide a basis for constructing general principles or guidelines for distinguishing cases in which a rede- scription of an act in terms of its consequence(s) is appropriate, legitimate, or 'correct' from those cases in which such redescription must be ruled out as impermis- sible. 80 If we recall our discussion of-the notion of a 'correct' description in the last chapter, it should be clear that a given description of an action (or of any event, for that matter) may fail to be correct in one of two ways. In the first place, since truth is a minimally necessary condition for correctness, it follows that if a given description is false, it is a fortiori not correct. Let us refer to this as the strong sense of-‘incorrect.’ Secondly, a given act-description,.though true, may‘be in some important respect misleading. Given that a particular description is true, a further condition for correctness is the absence of defeating conditions. That is, for a-given description which is true to count as correct as well, it must not "imply" or give my hearer(s) to understand or infer something else which is false, misleading, or unwar- ranted. It follows that the presence of one or more de- feating conditions (or "infelicitous implications") pro- vides a second way in which a description may fail to be correct. Let us refer to this as the weak sense of 'in- correct.’ I suppose we could, if we wished, regard false- hood as the paradigm defeating condition, in which case we could classify the first sort of incorrectness as a species 81 of the second; in that case, falsehood would be the limit- ing case of infelicity or incorrectness. But for our pur— poses it will be much more helpful and illuminating to keep these two senses of 'incorrect' distinct. Accordingly, what I now wish to Show is that Feinberg's "accordion ef- fect" thesis, if taken literally, fails in two ways corre- sponding to the two ways in which descriptions may fail to be correct. First, the redescriptions of actions in terms of their consequences may sometimes result in an act- description which is incorrect in the strong sense, that is, act-descriptions which turn out upon examination to be falaa. Secondly, some such redescriptions, while true, may nevertheless fail to be correct in the weak sense in- sofar as they are infelicitous. The first set of counter-examples to be discussed in this and the following section are designed to illus- trate the fact that sometimes a redescription of an act in terms of the consequence(s) of that act is galaa and hence incorrect in the strong sense. Let us begin by considering the following sorts of counter-examples. First, there are cases in which an agent A cannot be said to have done Y, even though Y may naturally be construed as a consequence 82 of his act X; these will be cases in which A simply is not in the position or does not have the authority to do Y under the circumstances which obtain. Atwell suggests several cases of this type: We may, he says, truly assert 'Jenkins caused Murphy to be pro— moted by informing the corporation head of Murphy's superior performance record', but we will deny the action sentence 'Jenkins promoted Murphy' for the obvious reason that he is not in a position, i.e. does not have the authority, to make promotions. And we may affirm 'Baker bribed certain key municipal officials and thereby caused the proposal to be approved', but we will not say 'Baker approved the pro- posal' because, as above, he is not in a posi— tion to do so. No doubt he approved of the proposal and of its being approved, but he did not approve it. And although a mobster may have caused a certain defendant to be ac- quitted by threatening the jurors, he did not acquit the defendant (especially if he himself was the defendant). Notice that the elements in these illustrations square with the schematic form of the protasis of the "accordion ef- fect" thesis: l£_a (Jenkins/Baker/the mobster) ala_X (in- formed the corporation head of Murphy's superior performance record/bribed certain key municipal officials/threatened the jurors) and thereby caused Y (Murphy's promotion/ap- proval of the proposal/acquittal of the defendant). Never- theless, we would not--indeed could not—-conc1ude with Feinberg that we may then say that 'A did Y' (i.e. that 83 'Jenkins promoted Murphy,‘ that 'Baker~approved~the'pro- posal,‘ or that 'the mobster acquitted-the-defendant'). Not only are these sentences incorrect in the sense of being misleading; they are simply falaa, Consider another type of counter-example also sug- gested by Atwell. There are often cases in which one agent A, gets something done or accomplished via an intermediary, B. "In all such cases," Atwell observes, "A does something X and thereby causes Y to happen, and he causes Y-to happen by getting B to do Y."8 Suppose, for example, that Jones gets Smith-to break a window by threatening-him-with phys- ical harm. In this case, although the-breaking«of the window is in some sense a result or consequence of Jones's act of threatening, nevertheless the ensuing breaking of the window is not anything gaaaa has done; 'Jones-broke the window' is false. And this holds in spite-of the fact that Jones may be said to be in some sense responsible for the breaking of the window.9 Finally, consider an illustration employed in Chapter I. Suppose I, through my acts of cruelty,-negli- gence, and so on, cause my wife to commit suicide. Again, although I (A) mistreated and neglected my wife-(X), and 84 thereby caused her to commit-suicide (Y), nevertheless we must deny the claim that 'I committed my wife's suicide.‘ This case, perhaps even more so thantthe~former examples, dramatically highlights the impossibility of redescribing certain acts in terms of the consequences of those acts. For here we encounter a strict logical-impossibility; the sentence schema 'A committed B's suicide' (where A and B are distinct persons) is analytically-false or contradic- tory. This case has certain affinities with the first set of counter-examples, such as the illustration concerning ' the mobster and-the defendant's acquittal. If we assume that the mobster is, in fact, the defendant in the pro- ceedings, then it is impossible for him to acquit himself, since it is (logically) impossible for a defendant to acquit himself. But there is an important difference be- tween the two. Whereas the mobster qaa defendant cannot acquit himself, it is quite possible that the mobster aaala, in other circumstances, be a juror at a trial and thus be in a position to acquit some defendant. So it is not the mobster qaa_mobster who cannot acquit the defendant, but the mobster qaa defendant or qaa non-juror.10 But in our sui- cide example, it is not simply that given a set of 85 circumstances C which obtain at time t that A'cannot commit B's suicide; on the contrary, there is no conceivable set of circumstances in which A ever could commit BLs suicide. In other words, 'acquitting a defendant' is something a person pap do (if he is in the appropriate-position or does have the authority), whereas 'committing~another*s suicide' is not. All the cases.considered thus far have-at least this-much in-common:- these counter-examples are such that to say 'A did Y' where Y is a result or consequence of some act X which A performed is to say something false; in none of these cases can we truly assert that 'A~did Y.J- As such they show the "accordion effect" thesis to be false as a general claim concerning actions and action sentences. But to stop here would be to stOp short; as remarked earlier, refutation by counter-example, while valuable, contributes little positive to the solution of the problem of determin- ing just when and why such redescriptions are incorrect. Let us begin by asking how or why our counter-examples do, in fact, tell against Feinberg's "accordion effect" thesis. Do they have anything in common which might serve as a clue to what sorts of considerations render this thesis false? 86 We have already made a start in this-direction; for we have not only adduced ea number of unrelated counter-examples, but these have been classified under three types. First we considered cases in which we cannot say that"A did Y' even though Y was a consequence of his act X because A was not in a position or did not have the authority to do Y. Secondly, there were cases where A cannot be said to have done Y which was a consequence of his act X because of the agency of some intermediary, B. And thirdly, we considered‘ a case in which A cannot be said to have done Y even though Y was a consequence of A's act X because 'doing Y"(in our example, 'committing another's suicide') is something which A is logically precluded from performing. Let us now at- tempt to determine whether there are any relevant similar— ities shared by these three types of counter-examples. (ii) Macklin's "Intervening Agent" Principle One important feature to notice about-all-the sorts of counter-examples considered so far is that in each case there has been more than one person or agent involved. In our first case, even though Murphy's promotion (Y) may be 87 properly regarded as a consequence of Jenkins' laudatory recommendation (X), Jenkins himself was in no position to promote Murphy; if Murphy is promoted, someone else other than Jenkins had to do the promoting, someone who, unlike Jenkins, la in the position or does have the authority to dole out promotions. In the second case, Jones's threat was the cause of someone else (namely Smith) breaking the window. And in the final case, my acts of cruelty and negligence caused-someone else (my wife) to commit suicide. And in all three cases, we have the same kind of “causal progression": A's original action X (Jenkins' recommenda- tion/Jones' threat/my acts of cruelty and negligence) caused someone else, B (Murphy's superior/Smith/my-wife) to do something else Y (promote Murphy/break-the-window/ commit suicide). The presence of a second agent (B) in all these sorts of cases provides a possible clue to why redescription of A's act X in terms of its consequence(s) Y is to be ruled out as false and a fortiori not correct in such cases. With respect to cases such as those under consider- ation, Ruth Macklin has proposed a logical condition for the redescription of an act in terms of the consequence(s) 88 of that act. She formulates a negative test for such de— scriptions which she refers to as the "intervening agent" principle. Stated positively, it specifies a logically necessary condition for any action of any agent A to be redescribed in terms of any of its consequences. The principle is stated as follows: A description of the consequence of A's action must not logically precludevits being a description of theeaction.ll Let us apply this test to our cases. In the first illus- tration, although Jenkins was instrumental in the~promotion of Murphy, and was thus in some sense the "cause" (or one of the “causes") of his being promoted, we cannot rede- scribe Jenkins' act (of recommending) in terms of its con- sequence (Murphy's promotion) by saying that 'Jenkins pro- moted Murphy' because this (viz. the promoting of Murphy) is not a description of an action Jenkins (qaa subordinate) performed or could perform; only Murphy's superior can promote him. In the second case, though Jones may have caused Smith to break the window, breaking the window is nevertheless something §mllh--not Jones--did. -And finally, though I was, through my acts of cruelty and negligence, the cause of my wife's death, we cannot say that I 89 committed my wife's suicide, for this is an action which I am logically precluded from-performing.l2 In each of these cases, observes Macklin, "the action of another agent act— ing intentionally renders the second action performed the action of the second agent. Even if the first action can be said to have caused the second . . .-it does not follow that the agent in the first action is the agent in the second."13 We have now succeeded, I think, in-specifying one important negative condition for redescribing acts in terms of their consequences. We have seen that any such rede- scription which-violates the "intervening agent“ principle results in an-act-description which is incorrect in the strong sense, that is, a description which is, in fact, false. We now proceed to the second species of incorrect- ness. (iii) True But Incorrect Descriptions We turn our attention now to considerations of a different sort. In the previous sections, we were con- cerned with identifying and classifying some of the ways 90 in which certain types of redescriptions of acts-in terms of consequences failed to be correct because they were false; those were cases which failed-to-satisfy the mini- mally necessary condition for a correct description. We will now address ourselves to the class of redescriptions which fail to be correct-—not because they are false--but because they are in some important sense "infelicitous" or incorrect in the weak sense; that is, while such de- scriptions (or redescriptions) satisfy the minimally neces- sary condition of being true, they nevertheless fail to be correct for other reasons. To determine what these reasons are will be one of our principal.tasks. Once again I will employ the same strategy used in sections (i)-(ii). I will begin by-taking-Feinber's "ac- cordion effect" thesis as my point of departure.* I will then proceed to another refutation of the thesis indepen- dent of that offered above, again by adducing a number of plausible counter-examples. Finally, I shall attempt to analyze and classify the types of counter-examples with a view to specifying more general principles or-guidelines for distinguishing those redescriptions of acts in-terms of consequences which are correct from those which are not. 91 Let us begin our discussion-byrconsidering an interesting illustration suggested by Prof. J. J. C. Smart during the racial troubles in Arkansas in 1956.14 We are to imagine a hypothetical case in which the white people (presumably in a southern town) believe that a crime has been committed by some Negro.- However, since they are not sure which Negro committed the alleged crime, the white mob decides to lynch five Negroes chosen at random from the community in order to "teach them a lesson," The local sheriff is apprised of the group's intentions and, in order to avoid this catastrophe, he decides to.arrest some Negro, frame a case against him, have him convicted, sentenced to death, and executed; the sheriff, presumably, is Opting for the lesser of two evils. Now there are two distinct ques- tions we might ask concerning this case. First there is the ethical issue; we may ask whether the sheriff was mor- ally justified in so acting. Secondly, we may ask what is the correct description of the sheriff's act(s). It is only with the latter question that we are presently con- cerned. With respect to this hypothetical case, D'Arcy asks us to suppose that the sheriff himself acted as executioner. 92 He then considers a number‘of possible descriptions of the sheriff's act: 1. He tensed his forefinger. 2. He pressed a piece of metal. 3. He released a spring. 4. He pulled the trigger of a gun. 5. He fired a gun. 6. He fired a bullet. 7.. He shot a bullet at a man. 8. He shot a bullet towards a man. 9. He shot a man. 10. He killed a man. 11. He committedtjudicial-murder. 12. He saved four lives. Now the first thing to notice—about'this list of-descrip- tions, observes D'Arcy, is that none of them can be re- jected as simply false. Assuming that each of these is true, let us focus for a moment on the descriptions toward the end of the catalogue. For instance, suppose we de- scribe the sheriff's act as 'committing judicial murder' (11) and admit that as a consequence of this act he thereby 93 caused four lives to be saved (12). Now let us ask whether we are prepared to accept the result of applying Feinberg's "accordion effect" thesis to the case at hand. That is, given that A (the sheriff) did X (committed-judicial murder) and thereby caused Y (the saving of four lives), are we then prepared to assert simply that 'The sheriff saved four lives'? For my part, I am not prepared to accept this assertion; even though the sentence is true-(after all, the sheriff ala save four lives), it nevertheless seems to me that this description of the sheriff's act-~without any expansion or qualification-—is in an important sense misleading. Let me make it clear at this point that throughout my discussion of the misleading nature of certain act- descriptions, I am assuming a background of "ignorance" on the part of the audience. I want to rule out consideration of cases in which a particular misleading description, such as 'The sheriff saved four lives' in the Smart illustration, EBElS be appropriate or to the point lg those asking for and giving the description were already fully-apprised of all the relevant circumstances surrounding the incident. One can imagine a discussion between the sheriff and his 94 colleagues in which the context may permit one's saying that 'He saved four lives,‘ particularly if the sheriff's colleagues acted as his accomplices (although in a case like that, what would be the point of asking for or giving a description in the first place?). In other words, given any act-description, one could, I suppose, always "cook up" some context--however bizarre-~in which that description would be to the point. Rather, what I have in mind are cases in which a person does know of the relevant circum— stances surrounding some act on his own or another's part offering a description of that action to a third party who is ignorant of these circumstances. If A and-B were both privy to the sheriff's activity, then A's saying that 'The sheriff saved four lives' would not mislead B, since the information left unstated in this description is, neverthe- less, known to both A and B. But if A were to tell C, a resident of a neighboring town who has heard nothing about the incident, simply that 'The sheriff saved four lives,' than this description would be misleading in the sense in which I am interested. Before proceeding to discuss the reasons I feel that the above description is misleading and thus incorrect, 95 I would like to take the Opportunity at this-point to fore- stall a possible complaint. Lest anyone think that I have been and am being unfair to Feinberg by misconstruing his claims concerning the redescriptions of acts in terms of their consequences, I refer to an illustration suggested by Feinberg himself. we can say that Jones Opened the door and thereby caused Smith (who was inside) to be startled, in this way treatinngonesls act as the cause of a subsequent effect; or we can say (simply) 'Jones startled Smith' (by opening the door), and thus incorporate the consequence into the complex action. If Smith suffered a heart attack and died, we can say that Jones's Opening the door caused his death, or that Jones's startling him caused his death, or.simply that Jones killed hlg (by doing these things).16 Now this passage is to a certain extent ambiguous. In the last case Feinberg considers, where we may say "simply that Jones killed him" (viz. Smith), he does not make it clear whether the parenthetical comment, ”by doing these things,’ is or is not to be included as part of the act-description.l7 But I think there is evidence for believing that Feinberg does not intend the parenthetical elements to be included. iFor look how he treats the previous example of Jones's startling Smith by Opening the door; in that case, he does not include the phrase 'by Opening the door' within the 96 act-description; rather, he says that we mayrdescribe this act simply as 'Jones startledISmith:'~ By parity of reason— ing, then, Feinberg it seems would be'forced to conclude in the heart attack case that we may simply say"Jone ‘killed Smith.‘ There is further evidence to support this inter- pretation in the next paragraph where Feinberg claims that "instead of saying Smith did A (a relatively simple act) and thereby caused X in Y, we might say something of the form 'Smith X-ed Y'; instead of 'Smith opened the door causing Jones to be startled,‘ 'Smith startled‘Jones.”l8 Again by parity of reasoning, we must conclude that instead of 'Smith startled Jones causing him to die,‘ we might say simply 'Smith killed Jones.'19 In summary, then, it seems that we are to take the "accordion effect" thesis quite literally; whenever it is the case that A did X and thereby caused Y, we may say simply that 'A did Y,‘ regardless of what acts or act-types are substituted for X and Y. For my own part, however, I am no more prepared to baldly assert that 'Smith killed Jones' in Feinberg‘s heart attack case, than I was prepared to assert that 'The sheriff saved four lives' in Smart's illustration. *This is not, however, intended merely as an autobiographical-comment; 97 if it were, it would be of no-phiIOSOphical consequence. Rather, my claim is that most of us would be—-or at least ought to be--reluctant to say-these things. Our task now is to explain this reluctance, to advance reasons which will account for the kind of infelicity which I believe is engendered in cases like these. We turn now to an exami- nation Of possible explanations. (iv).D'Argy's Elidability Criterion I mentioned earlier that we would have occasion to discuss D'Arcy's three theses concerning act-descriptions in detail during the course of our inquiry. We have al- ready discussed his first thesis which, it will be recalled, constituted an alternative formulation of the 'one act-- many descriptions' thesis: Thesis One: there is not necessarily one, and only one, correct description of a glven act.26 With respect to any given act, an infinite number Of true descriptions may be forthcoming (notice that D'Arcy's use of 'correct' corresponds to my use of 'true'). Within the class of true descriptions, however, one or more may or may 98 not count as correct as well, depending on thex“specialized . . . 2 interest of the inquirer or narrator,“ l and "the presence of specialized efforts, interests, or intentions of the 22 We have already discussed this feature of act- agent." descriptions sufficiently in Chapter-I, section 4 ("Descrip- tion and Purpose"). D'Arcy's last two theses are particularly important for the problem at hand,.namely, whether and, if so, to what extent actions may be correctly redescribed~in terms of their consequences. The second is-stated as follows: Thesis Two: The term which denoteSathe-act, ~in the-description.of«argivenxincident, may ' often be elidedtinto the termlwhich~denotes ‘a-consequence-Of that act: 'doing X with the consequence Y', may often be re-desoribed simply as 'doing Y'.23 We have already granted that this claim holds for an entire host of cases. For example, if A shot B and thereby killed him, we may say (simply) that 'A killed B'; if I exert pressure on the door with my hand and thereby close it, we may say (simply) that 'I closed the door,‘ and so on. We are already familiar with this claim, so we need not detain ourselves at this point. However, one feature of this sort of redescription of acts in terms of their con- sequences should be emphasized. In cases such as these 99 where we redescribe an act X in terms Of its consequence(s) Y, we do so by saying simply that"A did Y'; that is, there is no reference in the redescription, direct or indirect, to the act X. The important features-of cases of rede- scriptions of this sort are summarized by D'Arcy: We may . . . Often elide one possible descrip- tion, the term X, into another term Y, where (1) Y is the result or consequence of the agent A's doing X; (2) A is nevertheless said to be doing Y . . . (3) the elision is so complete that Y gives no hint of the specific nature Of X. Having said this, D'Arcy then proceeds to formulate the question with which we have been~dealingwthroughout this chapter. In his terminology, given that a is the number of relevant elements comprised in the term which-is-used to denote the act, a the number Of relevant elements comprised in the term used to denote the consequences, and E the number of relevant elements comprised in the description of the entire episode, so that 2=:-c then while E is of course a constant for a given episode, a and g are variables. But now, is this true for all values of a and a, or is their range of possible values restricted?25 Employing less technical, though not necessarily less pre- cise terms, let me restate D'Arcy's question in a form with which we are already acquainted: Given that acts may often 100 be correctly redescribed in-terms of their consequences, is this possible in all cases, or are=therercases in which such redescription must be excluded?~ Feinberg's "accordion effect" thesis may be read as a categorical,-affirmative answer to D'Arcy's question; yes, this variability holds for all values of a and a, the range of possible values for a and g is not restricted. In other words, it is, in prin- ciple, always possible to "squeeze the act down to~a min- imum" or else "puff it out to-include its~consequences," and therefore it is, in principle,-always possible to re- describe an act in terms of its consequences. It should be clear that I am forced to answer this same question in the negative. The range of possible values for a and 2.15 not unrestricted; that is, we are app always free to redescribe an act in terms of the conse- quence(s) of that act. D'Arcy too gives a negative-answer to this question; in his own words, "there are values above which a does not extend; that is, there are some act-terms which can app be elided into the corresponding consequence- description."26 We will begin our discussion of D'Arcy's reasons for his View presently. For my own part, independently of 101 any considerations which D'Arcy brings forward, I have thus far specified at least some "values above which a does not extend"; simply stated, I have discussed one type of puta- tive redescription of acts in terms of consequences which must be ruled out as false and a fortiori incorrect in the strong sense. Specifically, any redescription of an act in terms Of the consequence(s) of that act which violates the "intervening agent" principle is galaa. We have, therefore, completed half the task we set ourselves at the outset of this chapter; that is, we have succeeded in Showing one of the ways in which Feinberg's "accordion effect" thesis fails as a general claim concerning act-descriptions. For redescriptions of acts in terms of their consequences which violate the "intervening agent" principle are incorrect in the strong sense Of being false. We are now ready, fi- nally, to turn our attention to a discussion of the weak sense of incorrectness of which Smart's case of the southern sheriff ('The sheriff saved four lives') and Feinberg's case of Smith Opening the door and startling Jones ('Smith killed Jones') are instances. I want to argue that these sorts of redescriptions, while true, are nevertheless in- correct in the weak sense insofar as they are in an impor- tant sense misleading. 102 It is in the context Of accounting for what I have been calling the weak sense of incorrectness that D'Arcy's third and final thesis is relevant: Thesis Three: Certain kinds of acts are of such significance that the terms which denote them may not, special contexts apart, be elided into terms which (a) denote their consequences, and (b) conceal, or even fail to reveal, the nature of the act itself.2T Typical examples [of such acts] are the acts of killing, maiming, slandering, torturing, deceiving, or seriously Offending another person; betraying or deserting a friend or an ally; breaking a contract or a promise or a confidence; stealing or destroying or spoiling something which the owner, or the ‘community, looks on as precious; sacrificing “or endangering one‘s own life, happiness, - good name, health, or property.28 D'Arcy is at pains to point out that the feature of non- elidability attaches to such act-terms not because they denote actions which are necessarily morally wrong, but rather because of their special importance in human affairs: To put forward this thesis is not necessarily to imply . . . that there are certain kinds of act which are always morally wrong, never permissible in any circumstances . . . . The point is not that these acts are so wicked that sound moral judgment must always condemn them, but that they are so significant for human existence and welfare and happiness that they must always be taken into account before sound moral judgment can be passed on them; and if they are to be taken into account, their presence must first be revealed. The feature of non—elidability applies, therefore, 103 not only to terms such as 'murder', 'mayhem', and 'betrayal', into which some sort of moral judgment is built, but also to terms like 'kill', 'maim', and 'deceive', which may be purely factual and descriptive.29 I would like to add one Observation to these remarks and suggest one slight correction. First, I would add that the revealing of the presence of such act-terms is a prereq- uisite not only for sound moral judgment, but also essen- tial for a clear and unambiguous statement of what ac- tion(s), in fact, has or have been performed; in other words, it is necessary for the description of an episode to count as correct. This claim will be defended shortly. Secondly, it does not seem to me that terms like 'kill,‘ 'maim,‘ and 'deceive,’ are "purely factual and descrip- tive."30 Of course, not all instances of killing, maiming, and deception are wrong. But it seems to me that such act-types are at least prima facie wrong to the extent that there is at least an initial presumption against such acts. But this does not affect D'Arcy‘s thesis seriously, and we can still agree with his central claim concerning such act-terms: some elements, or combinations of elements are such that, whenever they are present, they verify an autonomous act-definition. They constitute an instance of some kind Of act 104 whose description, special contexts apart, cannot be absorbed into some other: that 'other' remains a consequence of the act, not a part of it: extrinsic, not intrinsic, to it. They constitute a 'case' of morally significant action.31 For brevity and convenience, let us henceforth refer to D'Arcy's Thesis Three as the "elidability criterion." The upshot of Thesis Three or the "elidability criterion" is to restrict the application of the second thesis; in other words, Thesis Three amounts to the claim that, although we may often correctly redescribe an act in terms of its consequences, this is not always possible: This thesis, then, is supplementary to the theses that several alternative descriptions Of a given act are possible, and that one may Often, in analysing a given incident draw the line between 'act' and 'consequences' now at one point, now at another. It holds that in certain cases there is One point at least at which an 'act'/'consequences' line must be drawn.32 It is our task now to discover precisely which sorts of cases of redescription are excluded by the elidability criterion and, more importantly, the reasons for their exclusion. We can begin immediately by disposing of Smart's illustration. Since 'killing' is a "typical example" of that type of act which cannot be elided into a term 105 denoting the consequence(s) of that act, we must on D‘Arcy‘s criterion deny that we may correctly redescribe the sher- iff's act simply as 'saving four lives‘ without any refer- ence to the means he employed to save those lives (viz. by killing another man). We may, of course, employ a fuller description of the episode in order to avoid the infelicity engendered by this description, one which makes explicit reference to both relevant elements in the episode; we may say, for example, that ‘The sheriff executed one innocent manand thereby saved the lives of four others,‘ or 'The sheriff-managed to save four lives by executing one inno- cent Negro,‘ or so on. SO far so good; the elidability criterion does enable us to handle the case of the southern sheriff. Given that certain types Of act-terms of which ‘killing‘ is an instance are not elidable into terms which denote the consequences of those acts, we are able to rule out the redescription ‘The sheriff saved four lives' as in- correct. But we may still legitimately inquire yhy just those act-terms mentioned by D'Arcy are non-elidable. D'Arcy‘s answer is stated in terms of the human signifi- cance which attaches to such acts. With respect to killing, 106 for example, he tells us that "taking human life, we feel, is an act of such significance that one cannot elide its description into a term which denotes its consequence, or an end to which it was a means, unless that term makes clear that this was the means used."33 This is an instance of one of those cases in which the act/consequence line THEE be drawn. D'Arcy has been criticized in this respect for making the question of elidability or non-elidability of various act—terms a contingent matter of fact. Just which act—terms are or are not elidable into consequence-terms, some claim, is wholly relative to the time-span and loca- tion in which we are interested. Perhaps ‘killing' and 'maiming‘ are of such moral significance at tl or at place pl that they may not be elided into terms denoting their consequences; but there is no guarantee that these two act-terms will enjoy the same privileged status at time t2 or in locale p2. Perhaps in some future age or in some other society 'killing' and 'maiming' will be of no more significance than ‘closing doors‘ or 'playing badminton‘; however unlikely or inconceivable such a state Of affairs may appear, there is no logical impossibility 107 in claiming that such a state of affairs could Obtain. Therefore, it is claimed, since the notion of elidability is so fraught with this sort Of relativism, D'Arcy's thesis is not well-founded. Joseph Margolis, for example, advances precisely such considerations as grounds for rejecting the elidability criterion. He attacks D'Arcy on the grounds that his position is tantamount to "moral essentialism," a view which holds that given man‘s nature, it is necessary to admit as morally relevant the characterization of all acts under D‘Arcy's non-elidable act- descriptions and it is even conceptually wrong to ignore or obscure or eliminate any of these categories in the context Of moral judgment.34 To counter this conception, Margolis invites us to imagine a society in which the only means of succession to the throne is via a successful murder attempt; in such a society, he claims, the consequence of succeeding to the throne could, reasonably, be elided with the de- scription Of killing--our man could, under the circumstances, be said to have per- formed the act of establishing his legiti- mate title tO the throne.35 And presumably the same considerations apply mutatis mutandis to each Of the remaining act-terms which D'Arcy considers non-elidable. Given conceivability as the 108 criterion Of possibility, and given that we can always imagine or conceive of a society in which . . . , it follows that none of the act-terms which D‘Arcy considers non-elidable are necessarily of such dire Significance for human existence, welfare, and happiness. According to Margolis, what this argument entails is the possibility of radical reforms and changes in the most persistent and seem- ingly fundamental practices of human society. If D‘Arcy‘s thesis is false, if terms denoting morally relevant acts and their consequences may, in principle, always be elided, then no moral categories of the relevant sort are unalterable. Those terms like ‘murder,‘ 'mayhem,‘ and ‘deceit,’ that have "some sort of moral judgment" built into them, may always be detached from such judgments and redefined as "purely factual and descriptive." And those terms like 'kill,‘ 'maim,‘ and‘de- ceive,‘ . . . may be freed from any aroma of moral import whatsoever; they may, in principle, cease to be relevant . . . "for reaching a sound moral verdict."36 80 runs the argument against D'Arcy‘s elidability cri- terion, an argument which depends for its force on the notion of what is and what is not logically possible. Although I too find D'Arcy's account of elidability in terms Of degree of human or moral significance unsatis- factory as it stands, I find Margolis‘ reasons for reject- ing it even more unsatisfactory. Of course, it is not 109 logically impossible that certain acts which we now find of great significance may not have such importance at some later time. But this is to admit--what? That-—given that human beings are what they are, with the languages that they do in fact have, with the terms that they do in fact employ, which terms do in fact have the meanings they have-- act-terms like 'killing' and 'maiming' do have particular significance in the normal conduct Of our lives. But how can this in any way be construed as a telling objection to D‘Arcy‘s claims? Who ever claimed that it is necessary that words do have the meanings which they do in fact have, or that concepts cannot or do not sometimes change? It is logically possible that we could in the future collectively stipulate that the term 'bachelor‘ is to be used in such a way that it has no reference to a person's marital status or membership in the male of a Species. Of course, this would require a change in our present concept of ‘bachelorfl But my point is that this would necessitate no more change than would be effected by a change in our present concept of ‘maiming' if, at some future date, 'maiming‘ is no longer considered an instance Of a type Of act which is regarded as prima facie wrong. Of course, if such momentous 110 changes did in fact come about, we would be forced to amend our present catalogue Of non-elidable act-terms. But so what? We can with as much confidence right now assert that 'If Smith maimed Jones, then Smith did something ppima facie wrong,‘ as we can now assert that ‘If Smith is a bachelor, then he is unmarried.‘ And what interests us here are the meanings Of and interrelationships between the various act- terms which we do have at our disposal and which we do employ in characterizing the things we do. In short I do not feel that Margolis' argument poses any serious threat to D‘Arcy‘s elidability criterion. (v) A Modified Account of Elidability The foregoing Observations alone, however, are not sufficient for vindicating D'Arcy‘s position. As remarked above, I too find his account of elidability in terms of degree of moral significance unsatisfactory. I do not deny the truth of what D‘Arcy is maintaining. Assuredly, acts like maiming and killing are of especial importance in human affairs; this we must concede. Rather, I feel that D‘Arcy has not gone far enough in exploiting the 111 implications of his claims concerning elidability for their explanatory power. Given our concept of "implication," we can, I believe, make a real start at supporting D'Arcy‘s claims and strengthening his position. Let us begin with D'Arcy. Suppose that act-term X is one Of those which is not elidable into Y, a term denot- ing the consequence(s) of X. We may now ask, ‘Why is X not elidable into Y?‘ And D‘Arcy will answer, 'Because X is one of those act-terms which is of particular human signif? icance or moral import.‘ But, we may now ask, why are act- terms like X which admittedly are of particular significance in our lives such that they may not be elided into corre- sponding consequence-terms? To this question D'Arcy himself gives no answer. But, armed with our notion Of "implica- tion" we can, I believe, provide a reasonable account of the prohibition: Act-terms like X which are of particular human significance are not elidable into consequence-terms because such redescription glves rise to infelicitous "implications"; that is, such redescription legitimately gives my audience to understand that the episode in ques- tion is characterized by various features which, in fact, do not or may not Obtain. 112 In order to clarify and support this position, let me begin by applying this analysis to our previous illus- trations. Recall that we were able to rule out the de- scription, 'The sheriff saved four lives‘ as incorrect (even though true) on D'Arcy's elidability criterion, since this description elides the non-elidable act-term 'killing‘ into a phrase which denotes its consequence. We are now in a position to go one step further and explain yhy such elision is impermissible. To describe the sheriff's act simply as ‘saving four lives‘ is misleading in the sense that my audience has not been given the "whole story." My failure to mention the prima facie wrong means employed by the sheriff (viz. killing an innocent Negro) has various consequences of its own. My audience may, for example, legitimately assume that the episode contained no elements which they might otherwise regret under different circum- stances. After all, would it not have been even better if the sheriff could have managed to save those lives without employing the means he found himself forced to employ? To say simply that ‘He saved four lives‘ disguises the fact that the sheriff was forced to choose the lesser of two evils, that the episode is not wholly cause for rejoicing 113 because of the presence Of this one tragic element. Of course this is not to say that our audience would or ought to alter their moral assessment of the sheriff‘s act or to withhold their praise Of him for performing it if they were given the "whole story." It may very well be that it took a person of strong moral fiber and exceptional courage to take the decisive action which the sheriff did take in those difficult circumstances. In other words, our evalua- tion of the sheriff and his act would not necessarily change if we were given the "whole story" via an expanded act- description which included reference to the killing (e.g. ‘The sheriff at least managed to save four lives; unfortu- nately, he could accomplish this only by executing an inno- cent Negro‘). In other instances, of course, we pay find that we wish to alter our evaluation once we are given the "whole story" including all of the relevant circumstances. But even here, once the (or a) correct description has been fixed on, it is the evaluation—-not the description itself-- which is altered. In this context, D'Arcy approvingly paraphrases Bentham: "Where there are 'modifying‘ circum- stances . . . it is the evaluation which may be modified, not the description."37 114 I think my position gains even more plausibility when we apply the analysis I am urging to Feinberg‘s case in which Jones Opens the door and startles Smith and, as a result, Smith suffers a heart attack and dies. Remember that, according to the "accordion effect" thesis, we may redescribe the act in question simply as 'Jones killed Smith.‘ We can now rule this description out as incorrect since it "implies" things which are not true. Indeed, with respect to thise case, Atwell remarks that "curiously, one can hardly imagine a better counter—example to the accordion effect thesis."38 As for the infelicitous implications of this action-sentence, let us attend to what he says about this example: For, first of all, to say that Jones killed Smith is to suggest to one's audience a number of things which no one, I think, wishes to suggest: (1) that Jones did something prima facie wrong, assuming that it is prima facie wrong to kill people; (2) that Jones thus did something he should not have done; (3) that he could have avoided killing Smith, assuming that 'should not have' implies ‘could have avoided‘; and finally, (4) that Jones must be prepared to defend, by justification or excuse, his "action". Since we wish to suggest none of these, we should not ascribe the act of killing Smith to Jones--in spite of our will— ingness to ascribe Smith's death to Jones‘s opening the door. In other words, merely because we can trace someone's actiOn to certain causal consequences, it does not 115 automatically follow that we may incorporate those consequences into a "broader" descrip- tion of the person's action. Furthermore, a man can regret or take pride in his actions. But if Jones were to assert in deep agony "I killed Smith", we would surely regard his behavior, i.e., his asserting this, as irra- tional and would try to dissuade him Of such a claim; and if he were to assert it in a boastful manner--for some reason--we would dismiss his claim as wholly unwarranted.39 The type of infelicity engendered by the action-sentence ‘Jones killed Smith‘ in Feinberg's illustration is spelled out nicely here by Atwell. In uttering this sentence, I give my hearer(s) to understand (1)-(4), none of which by hypothesis obtain in these circumstances. Once again the infelicity could be avoided by "filling in" the relevant details, that is, by expending or qualifying the descrip- tion in one or more appropriate ways. We may wish to re- late the entire episode in toto. But we could just as well say, for example, that 'Jones killed Smith unintentionally/ accidentally.‘ By thus incorporating the qualifying phrase ‘unintentionally‘/'accidentally,' we thereby "cancel out" the infelicitous implications of our original action- sentence. According to Atwell, "in such a case we will canalify the action-sentence 'Jones killed Smith‘ with a 'term like 'accidentally' or 'unintentionally', thereby 116 evading the implicit suggestion that Jones is somehow at fault."40 Although Atwell casts his analysis in terms of "implicit suggestion," it is clear that this is substan- tially the same as my notion of "implication." Before pro- ceeding to examine the various ways in which action-sentences may fail to be correct in virtue of what they "imply," I would first like to show why my and Atwell‘s analysis, al- though it often results in the same substantive conclusions which are forthcoming on D‘Arcy's elidability criterion, nevertheless has more explanatory power and is thus capable of dealing with cases which the elidability criterion alone cannot handle. The illustration just considered provides a case in point. We wanted to rule out the action-sentence 'Jones killed Smith‘ as incorrect because it "implies" or suggests things which we do not with to "imply" or suggest under the circumstances. But the elidability criterion itself cannot rule out this act-description for the simple reason that the act-term in question, namely, 'closing a door,‘ is not one presumably which is of such special significance that it cannot be elided into a consequence-term.41 In short, then, I am suggesting that 117 we regard the elidability criterion as one species of our analysis. Whenever the elidability strictures are violated, so too will our requirement be violated; that is, whenever one of D'Arcy's non-elidable act-terms is elided into a corresponding consequence-term, the resulting description (will be incorrect at least in the sense Of being misleading. However, since the scope of our analysis is broader than D‘Arcy‘s, the converse will not hold; that is, it will not always be the case that whenever the requirements of our analysis have been violated that the elidability criterion will necessarily thereby be violated. The elidability criterion gives rise to another sort of difficulty, one to which D‘Arcy himself is sensi- tive. Not only are there cases in which one may not elide an act-term into a consequence-term, but there are also cases in which such elision is necessary for avoiding "implications" which may be misleading. Recall once again the incident involving the southern sheriff and D‘Arcy‘s list of possible descriptions. Given the events involved in this scenario, to gall to elide ‘He tensed his fore- finger‘ into one or more of its consequences (‘pulled the trigger,‘ ‘Shot a gun,‘ 'shot a man,‘ ‘killed a man‘) would 118 be just as misleading as saying (simply) that ‘He saved four lives.‘ In this context D‘Arcy remarks that "in terms Of the twelve contemplated descriptions of the Sheriff‘s act, Number 1 ('He tensed his forefinger‘) usually Should be elided into one of the latter descriptions, e.g. Number 9 (‘He shot a man‘) . . . . Tensing one‘s forefinger is simply part of the act of shooting, or shooting a man . . . ."42 I do not wish to dispute what D'Arcy says here; all I am claiming is that this does not follow from his own statement of the elidability criterion, that independent reasons must be advanced to support this claim, and that our analysis does in fact provide the grounds needed. For to say in this case simply that 'He tensed his forefinger' would be to "imply" or suggest that what he did was of no more significance than snapping one‘s fingers or blowing one‘s nose. And this, I maintain, is something we would not want to suggest in those circumstances. (vi) Conditions for Re- describing Acts in Terms ijConseguences It is now time to turn to a consideration of cases With a View to discovering the grounds upon which we may 119 determine what sorts of redescriptions of acts in terms of their consequences are permissible and what sorts are to be ruled out as incorrect. The first condition I will sug- gest is really a restatement of D‘Arcy's elidability cri- terion in slightly different terms; it will enable us to account for the type of infelicity of which Smart‘s de- scription of the sheriff‘s act as ‘saving four lives' is an instance. Let me begin by stating the condition, and then we will see how it applies to the case at hand. Cl We may not redescribe an act, X, simply in terms of its consequence(s), Y, when X denotes an act-type which is pplpa facie wrong and Y denotes an act-type which is ppima facie right. In Smart's illustration, then, we may not describe the sheriff‘s act simply as ‘saving four lives‘ since this elision violates Cl; that is, it violates our prohibition against eliding an act-term which denotes a prima facie wrong act (viz. ‘killing‘) into a consequence-term denoting an act-type which is ppima facie right or commendable (viz. 'saving lives‘). And the reason for this is that to elide an act-term in this way is to suggest or give our audience to understand a number of things that none of us are pre- pared to accept, things which we do not wish—-or should not 120 wish--tO suggest to our audience. We have already discussed the infelicities engendered by the act-description 'The sheriff saved four lives' in Smart‘s illustration. The force of Cl will figure importantly in many dis- cussions of ethical issues. For example, Cl dictates that we may not describe an act of euthanasia simply as 'reliev- ing the patient's distress,‘ nor may we describe an act Of therapeutic abortion simply as 'saving a mother‘s life,‘ even though it may be papa that a patient‘s distress has been relieved and that a mother‘s life has been saved, respectively. Both descriptions are misleading in virtue of eliding a prima facie wrong act-term (in both cases, the term 'killing') into consequence-terms which denote acts which we regard as paima facie right or commendable ('relieving a person‘s distress‘ and 'saving a person‘s life,‘ respectively). In both instances we have not been given the "whole story"; the descriptions under consider- ation fail to mention how these prima facie right Objec- tives have been accomplished, and it is this failure which engenders the infelicity. In general, to redescribe prima facie wrong X solely in terms of prima facie right Y suggests to one‘s 121 audience that something good, praiseworthy, or commendable has been accomplished without qualification, that nothing was amiss in the episode, nothing which otherwise may be regarded as unfortunate or regrettable-~even if justifiable. And these, I maintain, are precisely the sorts of things one ought to avoid suggesting to one‘s audience in such cases (unless, of course, his intention is to deceive that audience). But what about the converse of Cl; may we or may we not redescribe the prima facie right act-term, X, in terms of prima facie wrong consequence-term, Y? Although D‘Arcy restricts his list of non-elidable act-terms tO those which denote acts that we may say are paima facie wrong, at least to the extent that there is a presumption against such acts as killing, deceiving, and so on, is it not plausible that the same or Similar considerations apply as well to act- terms which denote prima facie right acts, or those for which there is a presumption in favor of their performance? I think that this is plausible, and I would like to suggest that we extend our modified elidability criterion to such cases as well; after all, these prima facie right acts are also important for human existence, welfare, and happiness. 122 I want to argue that in general one may not elide a prima facie right act-term into a consequence—term which characterizes a paima facie wrong act. Suppose, for ex- ample, that my dear friend Jones asks me about his wife‘s extramarital affairs. He insists that I tell him the truth, no matter how much it might hurt, and I feel obliged to do SO. As a result, Jones's marriage goes on the rocks. Al- though my telling Jones the truth about his wife may to some extent be "responsible" for the breakup, I do not be- lieve that we would wish to elide my 'telling Jones the truth‘ into a description of its consequence by saying that 'I broke up the Jones's marriage.‘ This description sug- gests that I am the culprit, that my role in the affair was blameworthy; it "implies" that I am as much at fault as Smith who, in fact, has been consorting with Jones‘s wife when Jones is away. But, by hypothesis, this is not the case, and we certainly would not wish to suggest that it is. On the basis of this illustration alone, one might be tempted to conclude immediately that a prima facie right act-term X may never be elided into a prima facie wrong consequence-term Y. But this, I feel, would be too hasty. Recall that when I introduced this discussion I claimed 123 only that such elision is in general impermissible. This is because there does appear to be one factor which may affect our willingness to redescribe prima facie right act, X, in terms Of prima facie wrong, Y, namely, the factor of the agent's intention in doing X in the first place. Con- sider again the adulterous Ms. Jones. Suppose that her lover, Smith, goes out of his way to inform poor unsuspect- ing Mr. Jones of his wife's illicit affairs in an explicit attempt to break up their marriage. Smith does not like the thought Of sharing Ms. Jones with her own husband, but would rather have her to himself; and this seems as effec- tive a means as any under the circumstances to accomplish his end. Given that Smith had every intention of breaking up the marriage (and given that we know or have good reasons to believe that this was, in fact, his intention), I do not think that we would--or should--hesitate to describe Smith‘s informing Mr. Jones of his wife's extracurricular activities as 'Smith broke up Jones‘s marriage‘ (or ‘Smith tried to break up Jones‘s marriage,‘ in the event that his intention is not realized and his attempt fails). In doing the prima facie right X (telling the truth), Smith intended to accom- plish the paima facie wrong Y (viz. breaking up a marriage). 124 In fact, given that this was Smith‘s intention, we may very well find ourselves reluctant to describe his act in the first instance simply as 'telling the truth‘; rather, we might feel compelled to expand this in some way in order to convey the "whole story," and what better way of doing this than by eliding it into the term denoting the consequence? Given this proviso regarding intention, we may formulate the second condition governing the redescription of acts in terms of their consequences as follows: C2 In general, we may not redescribe an act, X, simply in terms Of its consequence(s), Y, when X denotes an act-type which is prima facie right and Y denotes an act- type which is paima facie wrong, unless the agent intended to do Y in doing X. Here when we say that the agent intended to do Y in doing X, this entails that Y is something aimed at or wanted by the agent (this will be distinguished from other species of intentional action in Chapter III). Fortunately, however, not all Of the things we do during the course of our lives are of such moral signifi- cance; we have already had occasion to emphasize this feature Of actions in our discussion of the Hart-Melden thesis of ascriptivism. Many, in fact most, of the things we do and many of the terms we use to denote acts or 125 act-types have no moral or quasi—moral implications at all. SO what are the relations between morally "neutral" act- types and their consequences, and what bearing do these re- lations have on the problem Of redescribing actions? Taking as our basic statement-schema 'A did X and thereby caused Y,‘ let us investigate some of the possibilities to deter— mine under what conditions we may and under what conditions we may not say simply that ‘A did Y.‘ Let us begin by considering a case of a morally neutral act X which has the prima facie wrong/bad conse- quence Y. Consider once again our favorite example from Feinberg. Jones closes the door; unbeknownst to him, Smith is standing on the other side. Smith is startled by the noise of the door closing, suffers a heart attack, and dies. Here we have a case Of the desired sort, a case of a morally neutral act (viz. closing a door) resulting in an unfortu- nate incident (viz. Smith's death). Nevertheless, we have seen, we will not countenance describing this act simply as 'Jones killed Smith' since this would suggest to one‘s audience a number of things we would not wish to suggest given the circumstances. This case is very similar to those ruled out by C1. Just as we cannot elide a prima facie 126 wrong act-term into a consequence-term denoting an act which we regard as prima facie right, so too we will not in general allow a morally neutral act-term to be elided into a consequence-term which denotes an act that we regard as prima facie wrong, as in the present case. However, the qualification 'in general‘ is very important here. For there do seem to be (at least) two considerations which might affect our willingness or unwillingness to make this sort of elision. The first of these parallels the quali- fication concerning intentions that was appended to C2. That is, if the prima facie wrong act denoted by the consequence-term Y is in fact intended by the agent in doing the morally neutral X, then we may very well be in- clined to say simply that ‘A did Y.‘ In the present case, for example, suppose that Jones aaaa know that the weak- hearted Smith is on the other side of the door and, fur- thermore, that Jones does intend to kill Smith by startling him. It seems to me that if we know or suspect Jones‘s intention in these circumstances, we would be quite willing to say that ‘Jones killed Smith.‘ So the presence or ab- sence of the relevant intention may affect our willingness or hesitation to redescribe acts in terms Of their conse- quences in such cases. 127 Secondly, sometimes an undesirable consequence may be an expected result or "natural consequence" of some act which, under a given description would, under most circum- stances, be regarded as morally neutral Or indifferent. D'Arcy suggests a case of this kind: "if a passenger speaks to a bus driver and thus distracts him, we may say Simply that he distracted him."43 Now it may seem that we would be dealing rather high-handedly with English usage were we to claim that distracting bus drivers is an instance of paima facie wrong act-types. Nevertheless, there is a presumption against distracting bus drivers; after all, there are signs which read 'DO NOT DISTRACT THE DRIVER,‘ and we do admonish and blame people for doing so. In any event, it does seem that in a case like this we are willing to redescribe the ‘talking' in terms of its consequences, ‘distracting.’ The idea behind our willingness to rede- scribe this act in this way is vindicated by our ordinary talk about actions. "It is a presumption of law, logic, and common sense," said Sam Ervin while berating one of the Watergate principals, "that a man is presumed to have in- tended the natural consequences Of his act." D‘Arcy for his part speaks in terms Of the "anticipatibility" of such consequences: 128 we elide the act-term X into the consequence- term Y when Y is the kind of consequence that may be anticipated from an act of the kind X: when, that is, Y is naturally, on general grounds, anticipatible by the agent or in- formed Observer. On the other hand, one does not make the elision if the consequence is completely unexpected, even by the observer: ‘doing X with the consequence Y‘ is not re-described as ‘doing Y‘, if there is no reason to think that this sort of act, X, will have this sort of consequence.44 Notice, however, that the consequence need not be antici- pated by the agent himself. In our illustration, perhaps the passenger did not know that his talking would distract the bus driver, and that he had no intention of doing so. Nevertheless, since the distraction is, on general grounds, an anticipatible consequence of talking to bus drivers, we may very well describe the passenger‘s talking simply as ‘distracting the bus driver.‘ This notion of anticipat- ibility also helps to account for the infelicity Of the act-description ‘Jones killed Smith' in Feinberg‘s case. Assuming that Jones did not intend to kill Smith, we may not redescribe his 'closing the door' simply as ‘killing Smith‘ since killing persons is not, on general grounds, an anticipatible consequence Of closing doors. With these qualifications concerning (1) intentions, and 129 (2) anticipatibility of consequences in mind, we may now formulate a third condition governing the redescription of acts in terms of their consequences: C3 In general, a morally neutral act-term X may not be elided into a consequence-term Y which denotes a paima facie wrong act unless, either (a) the agent intended to do Y in doing X, and/or (b) Y is the kind of consequence that may be anticipated, on general grounds, from an act of the kind X. TO violate this condition, that is, to redescribe A‘s prima facie neutral act X in terms of its prima facie wrong consequence-term Y by saying simply that 'A did Y‘ would be to suggest that A had done something wrong, that he is or may be blamed for doing Y; and in the absence of the two qualifying circumstances, these would be things we would not wish to suggest. For instance, suppose Jones‘s closing the door caused the vase to fall Off the table and break. Breaking vases is certainly not a generally anti- cipatible consequence of closing doors. Assuming that Jones did not intend to break the vase, we would not wish to say in such a case simply that 'Jones broke the vase,‘ even though we would not hesitate to attribute the break- ing of the vase to Jones‘s closing of the door.45 130 Consider now a case similar to those covered by C3; that is, a case in which we have a morally neutral act X with prima facie right, good, commendable, or felicitous consequence Y. May we describe such a sequence Of events simply as ‘doing Y'? Suppose Jones returns to his home one night; unbeknownst to him, there is a would-be burglar prowling about in his garage. Jones flips on the light switch; as a result the burglar is alerted to the fact that the owner has returned and immediately flees from the scene. Jones has succeeded in preventing a burglary from occurring, or at least the burglary was prevented as a result of what Jones did. Now ought we allow the elision of Jones‘s 'turn- ing on the light‘ into its consequence, ‘preventing a burglary‘; may we say simply in this case that 'Jones pre- vented a burglary‘? Although we may be quite willing to ascribe the prevention of the burglary to Jones's returning home and turning on the light, and might readily be pre- pared tO say that that 'Jones accidentally (or unintention- ally) prevented the burglary,‘ I nevertheless do not think that we should describe what Jones did simply as ‘preventing a burglary.‘ It might be objected immediately that ‘pre- venting burglaries‘ is something that one can accomplish 131 unintentionally as well as intentionally; and with this I agree (see Chapter III, section 2). All I am claiming is that if—-as in the present case—~it (preventing the bur- glary) is done unintentionally, then we must indicate this in our description in order to avoid the risk of misleading our audience. To say simply that ‘Jones prevented a bur- glary‘ would be to suggest that Jones did something for which he deserves our praise, even suggesting perhaps that he jeopardized his own safety to accomplish the task; since we do not normally praise people for "doing good acciden- tally," these are things we would not wish to "imply" or suggest. On the other hand, of course, if Jones knew or suspected that there was a would-be burglar lurking in the garage, and he intended to scare him Off by turning on the light, then we would not hesitate to say that 'Jones pre- vented a burglary.‘ But given that ‘preventing burglaries' is not, on general grounds, an anticipatible consequence of ‘flipping a switch' or ‘turning on a light,‘ we would not be prepared to say of Jones that he prevented a burglary unless this were his intention in turning on the light. If this is correct, then we may formulate our next condi- tion as follows: 132 C4 In general, a morally neutral act-term,X, may not be elided into a consequence-term, Y, which denotes a prima facie right or praiseworthy act unless the agent in- tended tO do Y in doing X. Notice that in C4--unlike C3--we do not permit the elision even if Y was an anticipatible consequence Of X. This is so because if the agent did not know that Y was an antici- patible consequence of X and furthermore did not intend to do Y, we do not wish to praise him for doing good acciden- tally. In a case covered by C3 in which prima facie wrong Y is an anticipatible consequence of X, we would say that the agent should have known better; the passenger should have known that talking to the bus driver could serve only to distract him. But if in a case of the present sort where A did not know that paima facie right Y is an anti- cipatible consequence of X, and did not intend to do Y in doing X, we would not go on to praise him for doing X, adding that he should have known that it would have the felicitous consequence Y. Consider finally a case in which the statement schema ‘A did X and thereby caused Y‘ is filled out by replacing both X and Y with terms denoting prima facie neutral act-types. Take one of our original examples: 133 suppose I exert pressure on the door with my hand (X) and thereby close the door (Y). We have already seen that there is no hesitation in this case to redescribe my doing X solely in terms of its consequence Y by saying simply that ‘I closed the door' (i.e. ‘A did Y‘). In this case, then, it is permissible to redescribe one morally neutral act X in terms of its morally neutral consequence Y. But one must resist the temptation to conclude immediately that this sort of redescription is permissible in all such cases.- Suppose that the impact of my closing the door caused the activation of the sprinkling system in the room. Although we perhaps would not hesitate to say that my closing the door caused the sprinkling system to activate, would it not be misleading to say simply that 'I activated the sprinkling system'? I suggest that it would be misleading, and that this is so because, among other things, ‘activating sprinkling systems‘ is not a generally anticipatible consequence of ‘closing doors‘ in the way that 'closing doors' la a "natural consequence" of exerting pressure on them with one‘s hand. If, on the other hand, I knew that my closing the door would activate the sprinkling system, and if I intended to do precisely that, then (given that 134 those who are Observing the spisode know or suspect my intention), we might very well be willing to describe my act simply as ‘activating the sprinkling system.‘ Once again we see the important bearing of the agent's inten- tions and the notion of the anticipatibility Of consequences in determining how willing we are to describe and redescribe various sorts of actions in certain ways. These factors figure importantly in the statement Of our final condition governing the redescription of acts in terms of their con- sequences: C5 In general, a morally neutral act-term, X, is elidable into a morally neutral consequence—term, Y, to the extent that Y is an anticlpatible consequence of X; if Y is not an anticipatible consequence of X, then X may not be elided into Y unless the agent intended to do Y in doing x. What I have tried to do in this section is to indi— cate some of the ways in which a redescription of an act in terms of its consequence(s) may fail to be correct even though the description itself may be true. I have tried to do this in terms of indicating what certain types of descriptions "imply" or suggest to one‘s audience. If a given act-description legitimately gives one's audience to understand things which one is not prepared to accept 135 or assert, then that description is to be ruled out as in- correct in the weak sense of being misleading. We consi- dered a number of cases with a View to determining whether there are any general sorts Of considerations to guide us in our efforts to determine whether a given redescription of an act in terms of its consequences is correct and thus "permissible," or is to be ruled out as misleading and thus incorrect in the weak sense. Conditions C1-C5 repre— sent the fruits of our labor; each of these in effect states a condition the violation of which serves to defeat a true act-description‘s claim to correctness. Summary Thus far in this chapter we have addressed our- selves tO the problem of redescribing acts in terms of their consequences. Having granted that one may frequently redescribe an act solely in terms Of the consequence(s) of that act, we investigated whether, as some claim, such redescription is always possible in principle. In section (i) I showed that some such redescriptions fail to meet even the minimally necessary condition for correctness, 136 namely, truth; and in section (ii) I suggested an explana- tion to account for this failure in terms of the "inter- vening agent" principle. In section (iii) we discussed the problem of redescriptions which, while true, nevertheless failed to be correct insofar as they are misleading. To account for this feature, I suggested that we incorporate the insights of D‘Arcy‘s elidability criterion into a more general account of a description‘s being infelicitous or misleading in terms of what a given description "implies" or suggests to one‘s audience (sections (iv)-(v)). Finally in section (vi) we turned to an examination of various cases with a view to determining what sorts of general conditions, if any, there are to govern the redescription of acts in terms of their consequences. These (Cl-C5) in effect specify some of the conditions the violation of which serve to defeat a true act-description‘s claim to correctness. Of course, I do not pretend that our dis- cussion in any way represents an exhaustive analysis or treatment of the issue; one cannot anticipate a priori the myriad sets of circumstances or special contexts that may arise. But I have at least tried to indicate some of what I take to be the more important considerations which must 137 be taken into account when we are attempting to determine whether we may or may not correctly redescribe a certain act or act-type in terms of its consequences. We will have occasion to expand our analysis and amplify some of our former claims in the next chapter, in which we will con- sider the Special role of intentions in the problem of act-descriptions. 2. Implications for Ethical Theoay Before closing this chapter, I would like to briefly examine what bearing, if any, the results we have reached thus far have for certain fundamental concepts in ethical theory. In particular, I would like to examine the effect that our discussion of acts and consequences has on the traditional distinction between deontological and teleological ethical theories. It has been suggested by some that the thrust Of the 'one action--many descriptions' thesis in effect renders the distinction between deontological and teleological theories vacuous or superfluous. Insofar as this distinc- tion turns on the controversy over the importance of 138 consequences in determining the moral worth of an act, it is claimed, the fact that an act may be redescribed in terms of its consequences reduces the controversy to an argument at cross-purposes. Oldenquist has expressed this View with force and clarity.46 He characterizes the deontologist as one who holds that the rightness (or wrongness) of an action is determined solely by the type of action it is. Although this may be true of certain extreme deontologists, perhaps it would be more accurate to say simply that the deontolo- gist is one who denies what the teleologist asserts; namely, that the rightness (or wrongness) Of an act is determined solely by the goodness or badness of its consequences. As is well-known, adherents of each of these positions must attempt to deal with apparent counter-examples. On the one hand, the anticipated consequences of some actions seem to force one to make occasional exceptions to moral rules. For example, in Kant‘s famous example of refusing to tell a lie even though this would certainly result in saving a friend's life, few Of us are willing to go so far as Kant in never allowing exceptions to the moral rule ‘DO not lie.‘ On the other hand, certain types Of actions do seem morally wrong, no matter how desirable their consequences. Perhaps 139 Stalin's liquidation of the kulaks did promote the general welfare to an enormous extent; nevertheless, none of us, I hope, would condone such a pogrom, much less commend Stalin for executing it with such efficiency, the Principle of Utility notwithstanding. Oldenquist observes that each theory attempts to avoid these counter-examples and redeem itself "by exploiting the reciprocal translatability of action descriptions and result descriptions,"47 or, to use the terminology we have been employing, by exploiting the fact that an act may be redescribed in terms of its conse- quences. According to Oldenquist, this leads to the fol- lowing sort Of result: If an action produced by Jones, such as "a life being saved," is deemed morally relevant or "right-making" by the formalist [i.e. the deontologist], he classifies it as a kind Of action and hence as the proper subject matter of a rule. If the same occurrence is con- sidered morally relevant by the teleologist, he classifies it as a result and hence as something that can be good or bad. If our analysis of the distinction between actions and consequences is correct, these two meta- ethical theories are compatible, and because their importance for ethics has rested on their sppposed incompatability, each is trivial.48 Oldenquist summarizes his claims concerning actions, conse- quences, and ethical theory very neatly by means of the 140 following argument: we are to "suppose that Jones‘s action involves (a) the characteristic 'being a lie‘ and (b) the characteristic 'saving a life,‘ and that both the formalist [i.e. the deontologist] and the teleologist agree that what Jones does is morally right because it involves character- istic (b)."49 Given this, the argument proceeds as follows: (1) We are free to classify (b) either as a consequence of the action "lying" or as Specifying part of the kind of action Jones does. (2) If (b) is classified as a consequence, then what he does is a morally right action because it has "good consequence (b) . u (3) If (b) is classified as specifying a kind of action, then what he does is a morally right action because it falls under appli- cable "rule (b)," where (b) specifies the content of the rule. (4) Therefore, we are free to appeal either to "good consequence (b)" or to "rule (b)" to justify the rightness of what Jones does. (5) How we classify (b) is of no moral sig- nificance. (6) Therefore it is of no moral significance whether we justify what Jones does by appeal to rules or instead by appeal to consequences.5O We must admit that the argument is valid. If it is sound as well, then we must concede with Oldenquist that the traditional distinction between deontology and teleology is not one which is well-founded, that in fact "each is trivial." But has he succeeded in such short order in 141 ringing the death knell of such a venerable and apparently useful distinction in ethical theory? I would like to argue that he has not; that, in fact, the distinction is as viable as it ever was, although the basis upon which the distinc- tion is drawn may require some careful rethinking. First, however, one should not fail to be impressed by the force and initial plausibility of Oldenquist's claim. If we aaa free to redescribe an act in terms of its conse- quence(s)--if in Kant‘s illustration we can redescribe X (telling a lie) in terms of its consequence Y (saving a life) simply as ‘doing Y‘ (viz. "saving a life‘)--then it is easy to argue that the controversy between deontologists and teleologists is at bottom spurious. Even a formalist like Kant, presumably, would not hesitate to countenance a rule like ‘One ought to save lives‘ (with appropriate qual- ifications); in fact, this could even be construed as one of the "imperfect duties" in Kantian ethics. We would, it seems, have a prima facie duty to undertake reasonable mea- sures to save lives when it is in our power to do so; at the very least, saving lives is not prima facie wrong. And one could apply the same analysis mutatis mutandis to any other test case--hypothetica1 or real--which apparently 142 draws the battle line between deontologists and teleolo- gists: In any case where a prima facie wrong act, X, has consequence(s), Y, whose goodness is sufficient to outweigh whatever harm (or "evil") may be occasioned by the doing of X, we may simply redescribe that act as ‘doing Y‘; we can then formulate the maxim or rule Of which ‘doing Y‘ is an instance, at which point the deontologist and consequential- ist can both join hands and commend the agent for doing what he did. We would then have succeeded in showing that the deontologist and teleologist, although unbeknownst to them, were really in agreement all along, and that their blindness was due simply to their failure to recognize a trivial metaethical distinction for what it is. We might then perhaps search for a psychological hypothesis to explain why men like Kant and Ross, with their peculiar temperaments, were so attracted to the positions which they espoused, and why persons like Bentham and Mill, on the other hand, found that pill so difficult to swallow. At any rate, the so- called "conflict" between deontologists and teleologists would no longer be situated in the domain of philosophy proper. 143 In spite of the initial plausibility of Oldenquist's position and the validity Of his argument in support Of it, it should be clear to anyone who has followed my argument in this chapter that I am forced to disagree with his claims concerning the relation Of act to consequence, and the bear- ing of this relation on the metaethical issue of deontology vs. teleology; it should be equally clear why I disagree. Let me begin by focusing on premise (l) of Olden- quist‘s argument: "We are free to classify (b) either as a consequence of the action ‘lying' or as specifying part of the kind of action Jones does."51 This "freedom of classification," as we have already observed, is a function of what Oldenquist refers to as the "reciprocal translata- bility of action descriptions and result descriptions." With respect to this feature of act-descriptions he tells us: Our immediate claim is that most of the charac- teristics of interest to us in such a sequence [i.e. a sequence consisting of an action and the consequences of that action] can be de- scribed by either action descriptions or result descriptions. If "telling a lie" is the action description we find convenient, then we are free to classify the characteristic "a life being saved" as a consequence; but if we employ the action description "saving a life," then only characteristics in the situation which presuppose saving a life can be described by 144 result descriptions, for example, "grief being prevented." There is, we are suggesting, no rigid distinction between action and conse- quence, and we are free to construe many char- acteristics either as results or as constitu- tive of an expanded version of the action.52 This passage rings a familiar bell; Oldenquist‘s character- ization of the "reciprocal translatability of action de- scriptions and result descriptions" in substance amounts to no more and no less than Feinberg's "accordion effect" thesis as it applies to acts and consequences. From this it should be apparent on what grounds I would attack Oldenquist‘s claims concerning the triviality of the deontological-teleological distinction. Premise (l) of his argument is too strong as it stands: we are not (always) free to classify characteristic (b) either as a consequence or as Specifying part of the kind of action performed. Our freedom to redescribe acts in terms of their consequence(s) is not unlimited. In particular, our freedom in this respect is limited to those cases in which such redescription is correct or, what amounts to the same thing, not misleading or infelicitous. And it will be precisely those sorts of cases which were ruled out as incorrect in our discussion of Feinberg‘s "accordion effect" thesis which will also be ruled out in respect to 145 Oldenquist's claims concerning the "reciprocal translata- bility of action descriptions and result descriptions." Take his specific example of Jones‘s telling a lie with the result that a life is saved. To describe this "sequence of act and consequence" simply as 'Jones saved a life' has been ruled out on our analysis as incorrect since it is an instance of a case which violates condition C1 prohibiting the elision of a prima facie wrong act-type into a descrip- tion of an act which is prima facie right or commendable. Of course, the infelicity could be avoided by expanding or qualifying the original description in an apprOpriate way; instead of describing the act as 'telling a lie‘ simpliciter we could, for instance, describe it instead as ‘telling a life-saving lie.‘ But this is a different matter alto- gether. If what I have said is correct, then it would seem that the traditional distinction between deontological and teleological ethical theories is not trivial after all. But out discussion does dramatically demonstrate the crit- ical importance of selecting correct act-descriptions, and the care which must be exercised in doing the selecting. Austin's insistence on the importance of "stating explicitly 146 ghap is being excused" applies with equal force to the issue at hand, namely, stating explicitly ahap action is being morally evaluated. With respect to Oldenquist‘s ex- ample, we have seen that we are app free to redescribe the act in question simply as 'Jones saved a life'-~period. We must include reference to the prima facie wrong act of lying in order to avoid infelicity, that is, in order to forestall any unwarranted inferences or assumptions On the part of our hearer(s); the descriptionrmnH2either be ex— panded (e.g. 'Jones told a lie and thereby saved a life,‘ ‘Jones saved a life by telling a lie‘), qualified in some appropriate way (e.g. 'Jones told a life-saving lie'), or so on. Once we have done this, once we have stated expli- citly ahap is being evaluated, I think that we will find that the old metaethical dispute between deontologists and teleologists re-emerges with renewed vigor. Bentham and Mill will still hold that the act was good and that the agent is to be commended for performing it, while Kant could still remain obstinate, arguing perhaps that he doesn‘t care how beneficial the consequences may be, lying is still wrong, or that life-saving lies are nevertheless still lies and as such are morally wrong, and that therefore Jones is not to be commended for doing what he did. 147 In summary, it has been argued that Oldenquist's claim concerning the vacuity of the distinction between deontological and teleological ethical theories is false, resting as it does on a mistaken premise concerning the redescription of acts in terms of their consequences; namely, his premise asserting the "reciprocal translata- bility of action descriptions and result descriptions," which we have seen is essentially a restatement of Fein- berg‘s "accordion effect" thesis as it applies to acts and consequences. Finally, I have tried to Show that once we take care to state explicitly ahap act is being subjected to moral scrutiny (i.e. once we have succeeded in selecting a correct description of the act in question), then we see that the traditional metaethical distinction between deon- tology and teleology is as viable as ever. In short, while Oldenquist has not succeeded in demonstrating that the deontological-tsleological issue is a moot point, his dis- cussion does go a long way toward indicating the enormous importance--practical as well as theoretical--of the prob- lem of act-descriptions. 148 Notes on Chapter II 1. Redescribing Acts in Terms of Consequences 1Perhaps you are interested not in what I did (viz. closed the door), but in hay I did it (by exerting pressure on it with my hand as Opposed, say, to kicking it shut with my foot). But note that this would seem to be an appro- priate response not to the question ‘What did you do?‘ but rather to something like ‘How did you do it?,‘ a question which itself seems to presuppose that you already know what I did. 2Eric D‘Arcy, Human Acts: An Essay in their Moral Evaluation (Oxford: Clarendon Press, 1963), pp. 15-16. 3Joel Feinberg, "Action and Responsibility," re- printed in Alan R. White (ed.), The Philosophy of Action (Oxford: Oxford University Press, 1968), p. 106. 4Ruth Macklin, "Actions, Consequences, and Ethical Theory," Journal of Value Inquiay, Vol. I, No. 1 (Spring, 1967)] p- 76. 5John E. Atwell, "The Accordion Effect Thesis," Philosophical Quarterly, Vol. 19, No. 77 (October, 1969), p. 337. 6Feinberg, p. 107. 7Atwell, pp. 337-338. 8Atwell, p. 339. 9Without entering into an extended discussion of Hart‘s claims concerning defeasibility, I think that this sort of example constitutes a telling criticism of his claim that the notion of an action--like certain legal concepts such as 'contract‘--is a defeasible concept. If I sign my name to a legal contract under duress, the presence of the defeating condition (duress) defeats the 149 claim that I have entered into a valid contract; but it does not defeat the claim that I signed my name to a con- tract. Similarly, even if Smith is forced to break the window as a result of Jones's threats, he nevertheless did break the window. The claim that he (Smith) performed that action (i.e. breaking the window) is not defeated, even though the presence of threats may be a mitigating circum- stance and affect our willingness to ascribe responsibility and blame to Smith. This analysis is dependent, of course, on my previous contention that an action sentence such as ‘Smith broke the window,‘ whatever else it does, does in fact describe an action performed, and does not serve simply to ascribe responsibility to the agent for the commission of the act (see Chapter I, section 1). 10Of course, the same analysis holds for the other two cases of this type. Though Jenkins qaa subordinate logically cannot promote his peers, he could at a later time become a superior with the power or authority to hire, fire, and promote others. And Baker, though he is not a municipal Official and thus is not in a position or does not have the authority to approve proposals, could be or become such an Official with this sort of authority. llRuth Macklin, "Actions, Consequences, and Ethical Theory," Journal of Value Inquiry, Vol. I, NO. 1 (Spring, 1967), p. 78. lef course, I may still be held responsible for my wife‘s suicide; the fact that my act(s) cannot be correctly redescribed as 'committing my wife‘s suicide' does pap en- tail that I am not (at least partly) responsible for her untimely death. (See Chapter I, section 1, pp. 8-10). "What this shows," according to Macklin, "is that a person pap be blamed for consequences of his action which cannot plausibly be counted as descriptions of his action." Ibid., p. 77. 13Ruth Macklin, "A Rejoinder," Journal of Value In- quiry, Vol. I, No. 2 (Summer, 1967), p. 135. l4Smart‘s illustration is recorded by D‘Arcy in his Human Acts: An Essay in their Moral Evaluation, pp. 2-3. 150 15D‘Arcy, p. 3. 16Feinberg, "Action and Responsibility," p. 106 (italics mine). 17If it is included, then I think the infelicity is avoided. l8Feinberg, pp. 106-107. 9Unless, of course, startling-~unlike Opening the door--is not a "relatively simple act." But even this will not extricate Feinberg, for in his discussion of simple and complex acts he treats ‘Open' as a "relatively complex act" (p. 106). 20D‘Arcy, p. 10. 21D'Arcy, p. 10. 22D'Arcy, p. 12. 23D'Arcy, p. 15. 24D‘Arcy, p. 16. 25D‘Arcy, p. 16. 26D‘Arcy, p. 17. 27D‘Arcy, p. 18. 28D‘Arcy, p. 18. 29D'Arcy, p. 38. 30Oddly enough, it seems to me that the term ‘mayhem' is not even, properly speaking, an act-term at all and does not have any sort of moral judgment "built into" it. On the contrary, 'mayhem‘ more so than any of the other terms mentioned by D‘Arcy, seems a likely candidate for a term which is "purely factual and descriptive." 31D‘Arcy, p. 21. 151 32D'Arcy, p. 19. 33D'Arcy, p. 19. 34Joseph Margolis, Values and Conduct (Oxford: Clarendon Press, 1971), p. 137. 3SMargolis, p. 136. 36Margolis, p. 140 (italics mine). 37D'Arcy, p. 39. 38Atwell, "The Accordion Effect Thesis," p. 339. 39Atwell, pp. 339-40 (italics mine). 40Atwell, p. 340 (italics mine). 41We will see shortly that D‘Arcy suggests another reason why we must rule this description out as incorrect. However, his reasons for doing so do not, as he supposes, follow from his statement of the elidability criterion. 42D'Arcy, pp. 19-20. 4 3D'Arcy, p. 32. 44D‘Arcy, p. 33. 45The fact that we found it necessary to add the riders concerning intentions and anticipatibility of con- sequences to conditions C2 and C3 but app to Cl suggests that there may be something to be said for the notion of "negative utilitarianism." Our unwillingness to allow in any circumstances the complete elision of prima facie wrong X into prima facie right or neutral Y suggests an asymmetry between acts which are productive of pleasure, happiness, or well-being, on the one hand, and those productive of pain, misery, or suffering, on the other. The presence of prima facie wrong X always necessitates some reference to it if a description is to count as correct. For classical utilitarianism, given that X produces a given amount of pleasure and that Y prevents an equal amount of pain, there 152 are no (moral) grounds for preferring the performance of one over the other. But our analysis of act-descriptions thus far suggests that act-types which are prima facie wrong are in some sense Of "greater significance" to human concerns than those acts which we regard as prima facie right. (Most laws and moral rules proscribe rather than prescribe certain types of behavior.) This suggests per- haps that, all things being equal, one has a greater Obli- gation to prevent pain or misery than to produce pleasure or happiness, or at least a greater Obligation to refrain from producing such pain or misery. Kant, of course, in- corporated this insight in his distinction between perfect and imperfect duties. 2. Implications for Ethical Theory 46Andrew Oldenquist, "Choosing, Deciding, and Doing," The Encyclopedia of Philosophy, ed. Paul Edwards (New York: Macmillan, 1967), Vol. 2, pp. 101-102. 47Oldenquist, p. 102. 48Oldenquist, p. 102 (italics mine). 49Oldenquist, p. 102. 50Oldenquist, p. 102. 51Remember that although Oldenquist uses ‘telling a lie‘ and 'saving a life‘ in this case as substitution in- stances Of characteristics (a) and (b), respectively, his argument is intended to cover all such cases, and is not to be interpreted to applying to this one case only. Other- wise his claims could not be construed as general claims which he obviously intends them to be, as evidenced by his discussion of the relation between act and consequence, as well as his actual explicit formulation of the conclusion (6) of his argument. 52Oldenquist, p. 101. 53In another context, Oldenquist does treat this as an alternative description of this act (p. 101). CHAPTER III AGENT KNOWLEDGE, INTENTION, AND ACT-DESCRIPTIONS We have already found it necessary to appeal in some cases to the agent's intention in acting in order to determine the correct descriptions of certain types of actions. In this chapter, I would like to focus more care- fully on the role Of intention with respect to fixing on true and correct act-descriptions. The danger here is that in entering into an inquiry concerning the nature of inten- tionality, there is the very real possibility of becoming enmeshed in a plethora of problems, all of which could not be given justice in a single volume. Among the problems which one could address in this context are: for an agent to have done X, is it sufficient that he intended to do X, or is it merely necessary--or might there be cases in which it is neither necessary nor sufficient; when and under what circumstances is the agent‘s intention (or lack of inten- tion) the decisive factor for selecting the correct 153 154 description of his behavior; is the presence of intention a constitutive feature of some act-types, or is it merely incidental to the performance of any given action? These are only a few of the highly complex and difficult issues which could be dealt with in a discussion of intentionality. Rather than attempting to deal with each of these questions satisfactorily--a task well beyond the SCOpe of this study-- I would instead like to examine one specific issue in detail and try to Offer an adequate account of this one specific feature of action. The question I propose to deal with is this: what is the relation between intentional action, on the one hand, and an agent‘s knowledge or awareness of what he is doing, on the other; and, finally, what is the bear- ing of this relation on the problem of act-descriptions? 1. Knowing What One is Doing In a given set of circumstances, as we have noted, doing X may constitute doing Y; lying, when done under oath in a court of law, just la to commit perjury. This in it- self is neither surprising nor problematic. However, once we take into account an agent‘s intention in doing this or 155 that, we are faced with a couple of interesting questions. Consider: if an agent intends to do X while he is X-ing, and X-ing constitutes Y-ing (or X-ing entails Y-ing) in those circumstances, does it follow that the agent thereby intends to do Y? If, for example, a man intentionally raises his arm at an auction (and given that raising one‘s arm at an auction = making a bid), does he thereby intend to make a bid? The answer in this case is obviously no; intentionally raising one's arm at an auction does not thereby entail that the agent intended to make a bid. And this is so for a very simple reason--namely, the agent may not know (or believe) that raising one‘s arm in this con- text = making a bid. In other words, if an agent is ig— norant of the fact that X-ing constitutes (or entails) Y-ing in a given set of circumstances, then it is not only conceivable but quite obvious that he could intend to do X without thereby intending to do Y. In this respect, ‘in- tending‘ is analagous to other intentional verbs--'knowingfl ‘believing,' ‘doubting,' ‘desiring,' and so on. One can know (doubt, believe) that Jones is over six feet tall without thereby knowing (doubting, believing) that the president of the bank is over six feet tall (even though 156 Jones may happen to be the bank president); likewise, one can desire X without thereby desiring Y which happens to be identical with X under a different description. This feature Of intention is not surprising or controversial, and is not, as far as I can tell, contested by any of those dealing with the issue of intentional action. Having said this, we are now in a position to form- ulate a more intriguing question: granted that an agent need not intend to do Y in intending to do X (where X and Y are different descriptions Of what the agent is doing) due to ignorance on his part, what about the case in which not only does X, in fact, constitute Y, but the agent knows or believes this as well? That is, if in a given set of cir- cumstances X = Y, and in addition the agent knows or be- lieves that X = Y, can he then intend to do X without thereby intending to do Y? For example, say Jones goes to an auction not as a spectator at some ritual which is strange to him, but as an active participant; he has been to auctions before, is fully acquainted with the rules and procedures, knows how to make bids, abstain from making bids, and so on. Now among the things which Jones knows is the following: when one raises one's arm at an auction, 157 he is making a bid on the merchandise on the block at a given moment; that is, he knows that in these circumstances raising one‘s arm = making a bid. Now let us ask whether, given this state of affairs, Jones could intend to raise his arm without thereby intending to make a bid. Unlike the case considered above in which an agent due to ignor— ance could intend to do X without thereby intending to do Y (where X = Y), there is no consensus among philOSOphers concerning how to answer the question now before us. Some philOSOphers, notably G. E. M. Anscombe, Opt for an affirmative answer to our question; that is, an agent may intend to do X without thereby intending to do Y (when X = Y) even if the agent knows or believes that X = Y. Anscombe considers this possibility in her now-famous ex- ample of the man pumping water.1 We are to suppose a man pumping water into a cistern thereby replenishing the supply of drinking water in a nearby house. Furthermore, the water which the man is pumping has been systematically contaminated with a deadly cumulative poison whose effects are unnoticeable until they can no longer be cured. The man who has contaminated the source (who is not identical with the man doing the pumping) has done so with a View to 158 assassinating the party chiefs inhabiting the house, who are engaged in some sinister plot which the would-be assassin hopes to abort. Now let us suppose that the man doing the pumping knows that the water has been poisoned and the purpose for which it has been poisoned, even though he is not the one who contaminated it. Now we may ask: can this man (the pumper), knowing full well that the water supply has been poisoned, intend to replenish the supply of drinking water to the house (X) without thereby intending to poison its inhabitants (Y)? Anscombe‘s answer is an unequivocal yes: A further difficulty however arises from the fact that the man‘s intention might not be to poison them but only to earn his pay. That is to say, if he is being improbably confidential and is asked 'Why did you replenish the house water-supply with poisoned water?,' his reply is, not ‘TO polish them Off,‘ but ‘I didn't care about that, I wanted my pay and just did my usual job.‘ In that case, although he knows concerning an intentional act of his--for it, namely replenishing the house water-supply, is intentional by our criteria--that it is also an act of replenishing the house water-supply with poisoned water, it would be incorrect, by our criteria, to say that his act of replenish- ing the house supply with poisoned water was intentional. And I do not doubt the correct- ness of the conclusion; it seems to Show that our criteria are rather good.2 159 I for my part do doubt the correctness of this conclusion; and the dubiousness of this conclusion seems to me to show that Anscombe's criteria are, on the contrary, rather bad. Now it might be objected that this passage from Anscombe does not commit her one way or the other on the question of whether 'poisoning the inhabitants' was an in- tentional action on the part Of the agent. All she is claiming is that even though, in the given circumstances, 'replenishing the house water-supply‘ = 'replenishing the house water-supply with poisoned water,‘ only the former is an intentional action on the part of the agent; and this in itself implies nothing concerning whether ‘poison— ing the inhabitants‘ is or is not an intentional action on the part of the pumper. To this I make two replies. First, the initial sentence of the passage quoted strongly sug- gests that Anscombe herself sees her argument as showing that poisoning the inhabitants is not an action the pumper intended to perform. Secondly, even if this passage itself does not commit Anscombe to the claim that the man did not intend to poison the inhabitants, nevertheless the argument contained therein does. For, if his replenishing of the house water-supply succeeded in poisoning the inhabitants, 160 we could then ask, 'Why did you poison those people?‘ And again he could answer, 'I didn‘t care about that, I wanted my pay and just did my usual job.‘ And this again would, presumably, show that poisoning the inhabitants was not an intentional act on his part, just as this same answer to the question 'Why did you replenish the house water-supply with poisoned water?‘ was sufficient for showing that this action was not intentional on his part. (This interpreta- tion of Anscombe‘s position will be further substantiated in the next paragraph.) But finally, one might Object, even if what I have said is correct, I have suddenly shifted the context of discussion. For now I am no longer talking about one action being the same as another (like replenish— ing the house water-supply in Anscombels case = replenishing the house water-supply with poisoned water), but instead I am now talking about the consequence of some action on the part of the agent. For poisoning the inhabitants is not the same as replenishing their house water-supply with poisoned water, but at best a certain and foreseeable con- sequence of doing the latter. And this I admit. But since I intend all my claims in this chapter as well as the analysis I will subsequently suggest to apply to cases like 161 phaaa as well as to cases where doing X, strictly speaking, constitutes doing Y, there will be no need to qualify my remarks when talking about cases in which Y is the fore— seeable consequence of X. Therefore, from this point on- ward I will use the formula ‘X = Y' to mean either (a) in the given circumstances, X in fact, is the same as or con- stitutes Y (as raising one‘s arm at an auction = making a bid), or (b) in the given circumstances, Y is the certain and foreseeable consequence of X (so that, in Anscombe‘s case, replenishing the house water-supply with poisoned water = poisoning the inhabitants). The context of dis- cussion in each instance will make clear which sense of ‘X = Y' is intended. With these provisos in mind, then, let us return to our original question, namely, if X = Y, and if A knows or believes that X = Y, can A intend to do X without 'doing Y' thereby qualifying as an intentional action on A‘s part? We have already seen that Anscombe replies affirmatively. Before proceeding to argue for what I take to be the correct answer to our question, I would first like to point out what sorts of considerations are not relevant to deciding this issue, and thereby forestall certain ways of 162 attempting to substantiate an affirmative answer to our question in the manner Of Anscombe. What I want to suggest in this context is that the notion of wanting or desiring is not relevant--or at least not relevant in the way that Professor Anscombe and others think--to the solution of the problem as here stated. If this is ignored, it is easy to see how one may be tempted by an affirmative answer to our question. For if we suppose that one cannot intend that which he in no wise wants or desires, then it is clear that Anscombe's pumper does not intend the poisoning Of the inhabitants Of the house in replenishing the house water- supply, even though it seems that he is quite willing to poison them by doing this, or that our man at the auction may not intend to make a bid in raising his arm. For, by hypothesis, ‘poisoning the inhabitants‘ and 'making a bid‘ are not things that our respective agents were aiming at or positively wanted or desired to bring about. Thus, if a necessary condition of intending to do Y is that the agent must want, desire, or aim to bring it about that Y, then it follows that if Y (‘poisoning the inhabitants‘ and ‘making a bid,‘ respectively) is not something which the agent wanted, disired, or aimed at in doing what he did, r We 'e.‘h}“" 163 then Y cannot count as an intentional action on his part (even though he did intend to X--the same act under a dif- ferent description). Anscombe does seem to be assuming something like this in her discussion of the notion of a "desirability characterization" and its relationship to intentional action. She says in one place that "desira- bility characterizations are required in the end for pur- posive action."3 In other words, there must be some fea- ture in the act intended which the agent finds desirable, something which he (rightly or wrongly) believes to be good or worthwhile, either intrinsically or extrinsically. From this it would follow that if an act X did not possess such a desirability characterization, then X could not qualify as an intentional action with respect to a given agent. And as I have been contending, it is precisely this assump- tion which lends credence to the view that the pumper, for instance, need not have intended to poison the inhabitants of the house in replenishing the house water-supply with poisoned water even though he knew or believed that, in the given circumstances, 'replenishing the house water-supply with poisoned water' = ‘poisoning the inhabitants.‘ On the other hand, if this assumption itself is incorrect, 164 we may have grounds for rejecting Anscombe's answer and for establishing, on the contrary, that the pumper gag intend to poison the inhabitants as well as replenish the house water-supply or, alternatively, that ‘poisoning the in- habitants‘ was as much an intentional action on the part of the pumper as was ‘replenishing the water-supply.‘ What, then, can be said for this assumption; namely, that a necessary condition for an act X to qualify as in- tentional is that the agent desire or want to bring it about that X, or that X must possess some relevant "desira- bility characterization?" The first thing that can be said about this claim is that Anscombe is surely not alone in endorsing it. Fleming, for example, says that "to do a intentionally is to do a knowing you are doing it, wanting to do it, and doing it because you want to do it."4 For this reason, he concludes with Anscombe that "if a person doing a does not want to do y . . . then, although in doing a he is doing y, he is not doing y intentionally."5 In his Lectures on Jurisprudence, Austin defines an intention to do something as follows: a present intention to do a future action may be defined to be: "A present desire of an Object (either as an end or as a means), coupled with a present belief that we shall 165 do acts hereafter for the purpose Of attain- ing the Object.6 Returning to more recent times, Kenny states that "an agent intends an action only if he (a) knows he is doing it and (b) wants to do it either for its own sake or in order to do some other action."7 Churchland: One may say, ‘X A-ed because he wanted ¢,' but one might also say, 'X A-ed with the intention of bringing about O.‘ Now I should claim that the explanatory force of these two statements is precisely the same, and indeed that these two statements are materially equivalent. Audi claims that it seems . . . plausible to hold that in- tending to do A . . . entails being dis- posed tO trying to do A if certain Obstacles should arise; and [this] would support the view that intending entails wanting. In the next paragraph, Audi concedes that even if these considerations about intending and trying do not prove conclusively that intending entails wanting, they never- theless do, when taken together with other considerations, "make it quite plausible to hold that intending entails wanting."10 Finally, George Pitcher, in arguing against those who claim that if A intends to do X, knowing that X = Y, then he thereby intends to do Y, claims that "we 166 can describe many . . . examples where our linguistic intui- . . . . . 1 tions would be outraged if we adhered to this prinCiple." 1 On the other side of the issue, there are those who wish to dispute both that (a) intending entails wanting, and (b) the claim founded on (a), namely, that one can intend to do X without thereby intending to do Y, even where X = Y and the agent knows or believes this to be the case, because the 12 13 agent may not want to do Y. Both Aune and Bedford take this position in rebuttal to Kenny. Bedford cites what he takes to be a counter-example to Kenny's claim that intend- ing entails wanting: For there is plainly a sense in which inten- tional action does not entail wanting to do the action ‘for its own sake or to do some other action.‘ I do not want to go to the dentist, but when I walk to his surgery I do so with the intention of keeping my appoint- ment.l4 Notice here that Bedford uses the phrase "intentional ac- tion" rather than "intending to," and denies that inten- tional action entails wanting; this distinction will figure importantly later. Although at times his position appears ambiguous, Chisholm seems to come down on the side Of those who Oppose both (a) and (b) above: Unless we use ‘desires to do it,‘ as it is sometimes used, to mean merely having the 167 intention Of doing it, this addition will not change matters. For a man may have the in- tention of doing what he has no desire to do.15 In addition, Chisholm‘s "principle Of the diffusiveness Of intention" seems to bolster this interpretation; this he states as follows: I would say that, if a rational man acts with the intention of bringing about a certain state of affairs p and if he believes that by bring- ing about p he will bring about the conjunctive state of affairs, p and q, then he does act with the intention of bringing aboup the con- junctive state of affairs, p and q. 6 Finally, Castaneda comes down strongly on the side of those who claim that intending does not entail wanting.17 Although I have classified these philosophers with respect to their stance on the issue Of whether intending entails wanting, I do not wish to imply that there is com- plete agreement within each camp; on the contrary, there is as much in-fighting among the members of a given camp as there is disagreement between the camps themselves. I have listed these positions taken by various philosophers simply to Show that the controversy is not new (and therefore not one that I am inventing); secondly, it demonstrates that, in attacking the principle that intending entails wanting, although I may be in the minority, at least I do not 168 constitute a minority of one (if that were the case, my confidence would be considerably shaken). I do not intend to rehearse all the arguments and counter—arguments proposed by these philOSOphers. Instead, I will suggest an argument independent of those employed by any of the authors cited, an argument which, I feel, is sufficient for showing that wanting is app a necessary condition for intentional action. Before proceeding, I would like to make a couple Of Observations concerning the tenor and overall progress Of the debate between the philosophers just cited. In many instances, the argument (and counter-arguments) proceed somewhat as follows: first the defender Of the claim that intending entails wanting proposes this thesis, if not as a self-evident proposition, at least as a principle which no reasonable person could or would wish to dispute. The Opponent then Suggests one or more counter-examples de- signed to Show that an agent can intend to do what he in no way desires or wants. The defender then insists that, nevertheless, there is or must be some sense of ‘want‘ in which it is still true to say that the agent wants what he intends. And very Often the end result of the debate is something like the following: the defender keeps insisting 169 that if it is true that the agent intends to do this or that, then he must in some sense want to do it; in this case, as Chisholm points out, the person seems to be guilty of using "‘desires to do it‘ . . . to mean merely having the intention of doing it,"18 which simply seems to beg the question. Or else, in the process of arguing that the agent in the apparent counter-examples "really did want (in some sense) to do what he intended to do," the concept Of 'want- ing‘ becomes so stretched beyond anything with which we are familiar that the thesis then becomes uninteresting. Be that as it may, it is now time to return to the problem at hand. I want to argue against Anscombe that wanting to do X is not a necessary condition for intending to do X. Now I do not, of course, want to deny what Fleming refers to as "the closeness of the connection between want- ing and doing intentionally."19 I am the first to admit that this connection obtains for many--indeed most--in- stances of intentional action. After all, why would one aim at or intend to perform a given action if there were not some feature in the action itself (or its anticipatible consequences) which the agent finds it desirable to bring about? Nevertheless, as a general claim supposed to be 170 applicable to all instances Of intentional action, this assumption does not seem, at least prima facie, without exceptions. And this sort of case under consideration la peculiar, a case in which doing X in a given set of circum- stances = doing Y and, furthermore, the agent knows or be- lieves this to be the case. It seems clear to me that in any such case we can only conclude that Y (the act under a description in which it is not aimed at or desired) is just as intentional as X (the same act under a different description aimed at by the agent, or the description under which the act does possess the required desirability char- acterization). As applied to our illustrations, then, ‘poisoning the inhabitants‘ and ‘making a bid' are as much intentional actions on the part of the agents in the given circumstances as are ‘replenishing the house water-supply‘ and 'raising one‘s arm,‘ respectively, even though one member Of each of these pairs lacks a desirability char- acterization on Anscombe's analysis. So far all I have done is indicated that my intui- tions dictate an answer to our question which is at Odds with that which Anscombe gives. However, we are not forced to Simply give it up at this point and write it off as a 171 clash of intuitions and therefore an insoluble problem. Rather, let us examine the consequences of the affirmative answer to our question to determine whether such conse- quences are or are not acceptable; if they are not, then it would seem reasonable to reject Anscombe's solution on independent grounds. Let me begin by supposing that Anscombe‘s solution does, in fact, lead to counterintuitive consequences. That is, I will suppose for a moment that it runs counter to our enlightened intuitions to claim that Y-ing is not an inten- tional action on A‘s part, even though A's act of (inten- tionally) X-ing = Y-ing and, furthermore, that A knows or believes this to be so. One way in which to defend a theory which has counterintuitive consequences is to argue that the merits of the given theory so far outweigh such consequences (particularly if they are not momentous), that one ought to forego one‘s intuitions and accept the theory as it stands. Non—Euclidean geometries, for example, have several counterintuitive consequences; in spite of this feature, however, the merits of such systems in terms of what they enable us to do are taken as compelling grounds for their adoption. This is not, however, the line of 172 defense which Anscombe takes. On the contrary, she feels that her position is in no need of any defense whatsoever; she takes what I have been regarding as the counterintui- tive consequence of her theory of intentional action as according with our intuitions and thereby providing addi- tional evidence to confirm her theory of intentional action. However, I would like to argue that not only is this conse- quence counterintuitive, but that if we do accept it we thereby commit ourselves to other claims which are clearly unacceptable, thus providing independent grounds for re— jecting Anscombe's answer. Consider, for example, the case of an act-type which is prima facie wrong, say killing. If A kills B, we will (or ought to) reserve a precise moral judgment of A's act and A‘s character until such time as all the rele- vant facts and circumstances surrounding the killing are made known to us. We will typically want to know such things as whether it was done "in the heat of passion," or whether it was coolly and deliberately calculated, whether the action was undertaken voluntarily or whether the agent was coerced, and so on; our final moral judgment of the act and the agent will hinge on such facts as these. 173 And among the more important Of these facts is whether the killer disposed of his victim intentionally or not. For to say that an act is intentional often involves the ascription Of responsibility and praise or blame. In short, we behave differently toward an agent whose act is intentional than we do toward the agent if what he did was not intentional. In particular, all things being equal, we will be inclined to judge the killing and the killer less harshly if the killing were done unintentionally (or non-intentionally) than if it were an intentional act on the part of the agent. In other words, absence of intention on the part of the agent, al- though it is not always an excusing circumstance (with re- spect to wrong acts), is the sort of thing which functions as at least a mitigating circumstance in most cases. We may not retract our verdict that Jones is to blame for Smith‘s death simply because he sincerely avows that he didn't mean (i.e. intend) to do it (we may hold him culpable in virtue of negligence, for example), but surely there will be a difference between our judgment of Jones in this case and our judgment of the Mafioso hit man who intentionally does away with his victim. To establish that Jones‘s kill- ing Smith was not intentional-~though in itself not a 174 complete justification (as, say, a successful plea Of self- defense would be)--nevertheless is a circumstance which counts against the initial presumption of guilt and inclines us to view the offense more sympathetically or leniently. Let us now apply these remarks to Anscombe‘s illus- tration. Let us examine whether, in the case under consi— deration, the pumper‘s sincere avowal that he didn‘t even care about poisoning the inhabitants (he just wanted to earn his pay and so was doing his usual job, viz. pumping water) would be sufficient to establish that 'poisoning the inhabitants‘ was not an intentional act on his part. Ac- cording to Anscombe‘s analysis it does; it seems to me, on the contrary, that it does not even hagla to Show that ‘poisoning the inhabitants' was not an intentional act on the part of the pumper. For if it did suffice to show that this act was not intentional then it could also, according to the analysis I have suggested, to some extent at least "let the agent Off the hook" for committing that act, or incline us to view the episode more leniently. But it seems clear to me that we would not countenance the pumper's sincere disclaimer that he wanted to poison the inhabitants in any way as a mitigating (or much less an exculpating) 175 circumstance, as we would countenance, say, a candid admis- sion of ignorance on his part that, in these circumstances, ‘pumping the water' = ‘poisoning the inhabitants.‘ If the reader is not convinced by these observa- tions, let me suggest a derivative argument. If one grants my major premise, viz. that if a reason R is sufficient for showing that a given act is not intentional, then R is also capable of functioning to identify a relevant mitigating circumstance, think Of the consequences for law and moral- ity on Anscombe‘s analysis. A defendant in a court of law, for example, might be able to hOpe for a reduced sentence or a lesser charge (if not an acquittal) if he were only able to convince the judge and jury that, even though he knew full well that, in the circumstances under considera- tion, killing his rival = increasing his own chances for a promotion, it was really only the important promotion-—and not his rival's death--that he wanted; or, in other words, that 'getting the promotion,‘ unlike ‘killing his rival,‘ possesses the necessary desirability characterization. After all, to the prosecutor‘s question, 'Why did you kill your rival?‘ he might sincerely reply, 'Oh, I didn‘t care about that; I wanted the promotion desperately and just did 176 what I had to do.‘ But this is patently absurd. On the basis of all this, I conclude that the notion of a desira- bility characterization is a frequent--but not necessary-- condition of intentional action. And since it is only the assumption that this notion is a necessary condition which lends plausibility to the view that A can intend to do X but nevertheless not intend to do Y, even though he knows (or believes) that X = Y, I therefore reject Anscombe‘s analysis and her answer to our question. On the contrary, the man at the auction who knows that ‘raising his arm‘ = ‘making a bid‘ has intentionally made a bid in raising his arm (even if all he wanted to do was scratch his armpit); similarly, Anscombe‘s pumper who knows that, in the given circumstances, ‘replenishing the water-supply‘ = ‘poison- ing the inhabitants‘ has intentionally poisoned the in- habitants in replenishing the water-supply (even though all he really wanted was to earn his wagesff"In other words, if Y is not only the foreseeable result of doing X in a given set of circumstances, but foreseen by the agent himself as well, then if doing X is to count as an inten- tional action on his part, then so is doing Y. 177 Before proceeding, I would like at this time to meet a possible objection to the account offered here. One might argue that absence of intention on the part of the agent does not function as a mitigating circumstance in the kinds of cases under consideration because the agent is neverthe- less willing to bring about the untoward consequence of his act. Thus, one might insist, this is why we don‘t or won‘t let the agent off the hook in such cases. For even though, for example, the pumper was willing to poison the inhabi- tants or was willing to bring about their deaths, this nevertheless is not what he intended. Or alternatively, one might argue that although absence of intention on the part of the agent in such cases does function as a mitigat— ing circumstance, nevertheless his willingness to perform this (wrong) action nullifies those grounds for mitigation. My reply to this sort of argument is that, with respect to such cases, the only grounds for claiming that although A was willing to do X, his doing X nevertheless is not in- tentional on his part, is that doing X is not something which A really wanted. But this is the very point being disputed. There is certainly a sense in which a person may be willing to see a certain undesirable state of affairs 178 brought about without thereby intending that. Thus, for example, I may be willing to see the United States become a second-rate power without thereby intending to do any- thing to bring this about. But the sense of ‘being willing to‘ here is more akin to acquiescing. In such cases, one may be 'willing to . . .‘ without thereby intending any- thing, precisely because the person is not acting. But the sense of ‘is willing to‘ with which we are concerned is not like this at all. On the contrary, in the sorts of cases under consideration, the agent is not simply willing to let certain things happen--he is willing tg_dg these things, or willing to do something else of which these things are cer- tain and foreseeable consequences. Thus, Anscombe‘s pumper is not only willing to see the inhabitants die, but he is willing to poison them. Similarly, the defendant in our court case is not only acquiescing in the death of his rival, but he is willing to kill him to get the promotion. And in these sorts of cases, I can see no grounds for dis- tinguishing ‘A was willing to do X‘ from ‘X was intentional on A‘s part‘ (unless, of course, one falls back on the thesis that intending entails wanting). If we know that A was willing to X and he then went on to do X, we will 179 certainly hold him responsible and praise or blame him for X-ing; and it is precisely these same features which make X-ing intentional on A‘s part. I have been careful for the most part throughout my argument to avoid the locution 'A intended to do Y,‘ opting instead for 'Y was an intentional action on A‘s part.‘ Thus, if X = Y and A knows or believes this, then if A in- tended to do X, Y is also thereby an intentional action on the part of A. There is a sense in which the distinction between these two sorts of locutions is "merely verbal." For I am also prepared to say of the agent in such cases that he did, in fact, intend to do Y in intending to do X. But in another sense the distinction does capture one im- portant insight of those who wish to claim that intending does entail wanting. There is a sense of ‘intending‘-- though not the only sense--in which to say that A intended to do X suggests that X i§_something that A wanted, either as an end in itself or as a means to something else which he desires; although it might be more accurate to refer to this as a species of intending, rather than as a distinct sense of the word ‘intend.‘ The idea behind this is that in those cases in which doing X entails doing Y (and the 180 agent knows or believes this as well), even though the agent may only want to do X, he has no choice about Y. If one insists, we could restrict the locution ‘A intended to . . .‘ in such cases to X, although I like Castaneda and Chisholm see no necessity for doing 30.20 But what is important to note is that whether or not we adopt this convention has no bearing whatsoever on the question of whether the "unwanted action" is or is not intentional. Nevertheless, most writers who, like myself, argue that wanting is not a necessary condition for intending do dis- tinguish between these two species of intending, namely, that which is and that which is not accompanied by the corresponding want or desire on the part of the agent. This is precisely what Bentham had in mind in distinguishing direct from oblique intentions. Jack Meiland captures this insight by distinguishing purposive from non-purposive in- tentions,21 where, roughly, purposive intentions to X are those in which the agent wants to do X and a non-purposive intention has reference to an action which the agent has no particular desire to perform (or even, perhaps, does not want to perform). With respect to this issue, I am in complete agreement with Meiland‘s account: 181 If a purposive intention is inseparable from a non-purposive intention [i.e. if wanting to do X entails doing Y], then the agent has the non-purposive intention solely because he has the purposive intention.22 And Castaneda, for his part, distinguishes "primary" from "derivative" intentions: Primary are the intendings an agent has by themselves so to speak; derivative are those intendings which he has only because he has both other intendings and certain believings which he takes to imply the former intend- ings. This is all as it should be. Intend- ing is like believing, and one has primary as well as derivative beliefs (i.e. believ- ings).23 Once again, the important thing to notice is that no matter what type of intending is involved in a particular case-- direct or oblique, purposive or non-purposive, primary or derivative--they are all intendings, and the actions thus intended are intentional. And it is precisely for this reason, namely, to preserve the distinction between these two species of intending, that I was careful to distin- guish ‘A intends to do X‘ from ‘Y is an intentional act on A‘s part‘ in our previous discussion. As Audi remarks, "it is very natural to assume that intentional actions are those brought about by intentions."24 But, as he goes on to show, this is not always the case. An action may count 182 as intentional on the part of the agent even though he never explicitly formulated the intention to perform that action prior to performing it. Intentional actions are the sorts of activities for which we are held responsible and praised or blamed, and for this it is not necessary, as I have been trying to show, that the action in question is something which the agent wanted to do. I agree here with Audi when he says that "the relation between the notion of intending and that of intentional action is not so close as one might well think, though the paradigms of intentional action are those performed with some further intention."25 Finally, let me emphasize that my countenancing a distinction between these two species of intending in no way obviates the dispute between myself and Anscombe. One might be tempted to think that we are arguing at cross- purposes, since my argument is designed to show that doing Y (which, though not wanted by the agent, is entailed by his doing X) is an ‘intentional action‘ on the part of the agent, whereas what Anscombe is denying is only that, in such cases, the agent ‘intended to do Y‘ (where 'intended to‘ is understood in the sense in which it is accompanied by wanting). But this is not so, for Anscombe herself 183 frames her argument to prove that "it would be incorrect . . . to say that his act of replenishing the house water- supply with poisoned water was intentional."26 In summary, then, we are at loggerheads; I am denying what Anscombe asserts, namely, that the act in question was not inten- tional on the part of the pumper. My argument thus far in this section has been rather lengthy and, at times I fear, somewhat convoluted. Let me attempt to outline the major steps of the argument before proceeding to discuss its bearing on the problem of act-descriptions. We began our present inquiry by asking whether it is possible for an agent to do X intentionally (in a set of circumstances in which doing X = doing Y), without thereby intending to do Y, when the agent himself knows (or believes) that doing X = doing Y. We saw that Anscombe defends an affirmative answer to this question; I, on the contrary, wished to argue for a negative answer. The general structure of my argument may be outlined as follows: let A be Anscombe‘s pumper, let X = ‘replenishing the house water-supply with poisoned water,‘ and let Y = 'poisoning the inhabitants‘; let us assume further that the pumper knows that, in these circumstances, X (‘replenishing 184 the house water-supply with poisoned water‘) = Y (‘poison- ing the inhabitants‘). 1) 2) 3) On Anscombe‘s view, A‘s sincere denial that he was aiming at or desired to bring it about that Y is sufficient for dis- qualifying Y as an intentional action on A‘s part, since Y then lacks a necessary "desirability characterization" with re- spect to A. (Remember that the pumper's reply to the question ‘Why did you re- plenish the house water-supply with poi- soned water?‘ was ‘I didn‘t care about that, I wanted my pay and just did my usual job.‘). But any feature which is cited as a reason for holding that a given action on the part of an agent is not intentional ipso facto is capable of functioning also to identify a mitigating (although not neces- sarily an exculpating) circumstance. But A's sincere denial that he wanted or was aiming at Y (poisoning the inhabitants) in doing X would never be countenanced as a mitigating or exculpatory circumstance if, by hypothesis, A knew full well that doing X = doing Y; his denial, then, would not be sufficient to establish that Y-ing (poisoning the inhabitants of the house) was not an intentional act on A‘s part. It should now be clear that the upshot of my argu- ment against Anscombe is this: knowledge on the part of the agent that doing X = doing Y is sufficient for quali- fying doing Y as an intentional action on his part if doing X counts as intentional on his part. Here I fully 185 agree with Gustafson's observation that "ignorance or lack of awareness are the root notions in unintentionality; their Opposites are the root notions in intentionality, whether intentional activity or intentional objectivity."27 2. Bearing on Act-Descriptions All of this may, perhaps, seem quite unexceptional. However, when we begin to examine the bearing of the agent‘s knowledge or ignorance of what he is doing on the problem of correct act-descriptions, the picture becomes a little more complicated. Once we have drawn together the implica- tions of various claims I have defended throughout the course of this inquiry, it might appear to some that I have backed myself into a corner. What I want to do now is to describe this corner and then try to show that, even if I have backed myself into it, it is nevertheless not such an ugly place to be after all. It will be recalled that during my examination of Rayfield‘s analysis of the notion of a correct act- description (Chapter I, section 3), I was critical of his claim that a necessary condition for the correctness of an 186 act-description of the form ‘A did X' is that A must know that he is (was) X-ing while he is (was) X—ing. It is important to repeat that I did not at that time reject this claim outright as false. Rather, my reason for rejecting Rayfield‘s analysis is that it rested on certain assump- tions and resulted in various consequences which I deemed unacceptable. Specifically, his position rested on the assumption that an agent could be praised or blamed for an action only if the agent himself knew that he was per- forming the action in question. What I want to do even- tually is to indicate what I take to be right in Rayfield‘s analysis and suggest an alternative account which will capture his insights while avoiding what I consider the unacceptable results and assumptions. I have just argued in the previous section that knowledge on the part of the agent with respect to what he is doing is, to use Gustafson‘s phrase, the "root notion" in intentionality. Now, it might be urged, in a case in which doing X = doing Y, if (i) A did, in fact, knowingly and intentionally do X, and furthermore (ii) A knows that doing X = doing Y in the given circumstances, such that (iii) doing Y was also an intentional action on A‘s part, 187 then is this not sufficient to qualify the sentence ‘A did Y‘ or ‘A Y-ed‘ as a correct description of A's action? The answer to this question is, of course, ‘Yes, unless . . . ,‘ where the ellipsis may be filled in by one or more of our defeating conditions. So that, in the case of the southern sheriff, for example, in which killing one innocent Negro entails saving four lives, although (i) it is true that he knowingly and intentionally killed the innocent Negro, and moreover (ii) he knew that, in the given circumstances, killing the innocent Negro = saving four lives, such that (iii) saving four lives was also an intentional act on the part of the sheriff, nevertheless to describe what he did simply as ‘saving four lives‘ would be incorrect, since it violates condition Cl governing the elision of act-terms into consequence-terms. In the case of Anscombe‘s pumper, on the other hand, where replenish- ing the water-supply with poisoned water = poisoning the inhabitants, given that (i) he did, in fact, knowingly and intentionally replenish the house water-supply with poi- soned water, and (ii) he knew (or had every reason to sus— pect) that this = poisoning the inhabitants, such that (iii) poisoning the inhabitants also counts as an 188 intentional action on the pumper's part, we may correctly describe what the pumper did as ‘poisoning the inhabitants of the house,‘ since this does not violate any of our con- ditions for eliding act-terms into consequence-terms. After all, poisoning the inhabitants of a house is, on general grounds, an anticipatible consequence of replenish- ing their water-supply with poisoned water. The important point to notice about this illustration is that I do not regard the fact that poisoning the inhabitants was not something that the pumper positively wanted or desired as a condition that would defeat the correctness of the de— scription, ‘The pumper poisoned the inhabitants of the house.‘ (Of course, I do not mean to imply that this is Anscombe's position; she is not addressing herself to this issue at all.) In other words, we need not-~indeed ought not--append to the list of three conditions above a fourth condition specifying that X is something that A, in fact, wanted or desired (i.e. that the action in question have the necessary desirability characterization with respect to A). Finally, just what are we to say concerning the illustration of the man at the auction who is unfamiliar 189 with the conventions and procedures? Let us begin with conditions (ii) and (iii). In this case, as I have argued, since A did not know that he was Y-ing (where Y = making a bid) even though he knew he was X—ing (where X = raising his arm) and intended to do X, making a bid would not count as an intentional action on his part. This is similar to the case of the foreigner driving in America who extends his arm from the car (X) with the intention of pointing out a church to his companion; in this case, we are to suppose that the driver does not know that X-ing (extending one‘s arm from an automobile while driving) = Y-ing (signalling a turn). In both of these cases, assuming that A did X intentionally (raised his arm/extended his arm), but is not cognizant that doing X = doing Y in the given circum- stances (i.e. making a bid and signalling a turn, respec- tively), we would expect a candid, affirmative answer to the question, ‘Did you X?‘ (i.e. ‘Did you raise your arm?‘ and ‘Did you extend your arm?‘), but a candid, negative response to the question ‘And did you Y as well?‘ (i.e. 'Did you make a bid?‘ and ‘Did you signal a turn?‘). Now, apart from disqualifying doing Y in both instances as an intentional action on the part of the agent, what else 190 would be the force of this sincere disclaimer on the agentks part? In particular, what bearing would it have on the question of whether the agents in our illustrations did, in fact, make a bid and signal a turn? In other words, the question we must now deal with is ‘Qid A Y?‘; that is,did the man make a bid, and did the foreigner actually signal a turn? Is it true to say of them that they made a bid and signalled a turn, respectively? If so, would it be correct as well to describe their actions as ‘making a bid' and ‘signalling a turn‘? I must confess that I am not quite certain how to handle cases of this sort. On the one hand, I am inclined to think that it would be true to say of our agents that they had made a bid and signalled a turn, but that never— theless the act-descriptions, ‘He made a bid' and ‘He sig— nalled a turn‘ must be counted as incorrect. The problem, however, is this. My reasons for thinking that these de- scriptions would not be correct would appear, on the face of it at least, to count also against their being true. Let me attempt to explain what I have in mind here. Let us focus for a moment on the man at the auc- tion. It seems to me that to describe what he did simply 191 as ‘making a bid‘--without any qualification or expansion-- would suggest or "imply" that this was something done in- tentionally on his part. And since, by hypothesis, the man did not know that raising his arm = making a bid, and therefore did not intend to make a bid, this description would be misleading. Yet, one might plausibly argue, mak— ing a bid is precisely that kind of activity which must be undertaken intentionally by an agent; that, in other words, there is no such thing as making a bid unintentionally, just as there is no such thing as committing murder un- intentionally (in one of the most common senses of ‘murder‘).28 And if this is so, then my reason for think- ing that the act—description ‘He made a bid‘ is incorrect in the weak sense of being misleading would also function to show that the very same description is indeed incorrect in the strong sense of being false. For, if intentional- ity is "built into" the act-term ‘bidding‘ as it is with respect to act-terms like ‘murder,‘ then to say of our man that 'He made a bid‘ would be not only misleading but strictly false. Still, I am inclined to believe that this description, while misleading, is nevertheless true. Is there any way of extricating myself from this difficulty and justifying this belief? 192 (i) Intentionality and Act-Terms What I would like to do is introduce and exploit a distinction similar to that introduced by Prof. Henry Leonard with respect to various types of attributives.29 He distinguishes existence-entailing attributives such as ‘hit,‘ ‘hang,‘ etc. which entail the existence of some ob- ject (in both ‘A hit B‘ and 'A hanged B‘ there must be some object, B, which is the object of the hitting and hanging, respectively), from attributives which entail non-existence, for example, ‘. . . is fictitious‘ (to say that ‘Pickwick is a fictitious character‘ entails that there is no such object as Pickwick). Finally, he distinguishes both of these kinds of attributives from those which entail neither the existence nor the non-existence of their corresponding "objects"; these attributives are, so to speak, "neutral" with respect to existence. An example of such an attribu- tive would be ‘is afraid of‘; Jones may be just as afraid of ghosts as he is of his mother-in-law who, in fact, lives next door. Similarly, with respect to act-terms, I would like to distinguish those which entail intentionality on the 193 part of the agent from those which entail neither the pres- ence or absence of intention on his part. 'Murder,‘ for example, would be a paradigm case of an act—term which does entail the presence of intention on the part of the agent (in the sense of ‘murder‘ specified above). As mentioned previously in another context, it is impossible to commit murder unintentionally; conversely, to say that ‘A mur- dered B intentionally‘ would be redundant. Most act-terms, however, entail neither the presence nor the absence of intention on the part of the agent. A can kill, hit, nudge, offend, or mislead B either intentionally or unin- tentionally. In other words, most act-terms, unlike ‘murder,‘ do not have intentionality "built into" them as one of their specifying characteristics. They are, instead, "neutral" with respect to the circumstance of intentionality. Finally, we must determine whether there is a class of act-terms which entail the absence of intention on the part of the agent analagoustjmaLeonard‘s class of attri— butives which entail the non-existence of their correspond- ing "intentional objects." Certain candidates for such act-terms suggest themselves immediately--'manslaughter‘ 194 for instance. But on reflection, I think a case could be made for holding that the term ‘manslaughter‘ is not even an act-term at all, much less an act-term having certain features. To say that an agent committed an act of man- slaughter dgeg entail that he did something without inten— tion on his part. But precisely what is this "something" which he did unintentionally? Is it not the case that what he did was to kiii some other person unintentionally? ‘Killing‘ is the act-term in question; ‘manslaughter‘ serves to qualify this act-term, to inform us what type of killing it is that the agent committed. Although this argument does seem to have at least some initial plausibility, I am afraid that it simply won‘t do. For one might take the very same reasons I have just advanced for the view that the term ‘manslaughter‘ is not an act-term and force me to "testify against myself," by showing that these same reasons entail that ‘murder‘ is not an act—term either. One could argue as follows: To say that an agent committed murder does entail that he did something intentionally. But precisely what is this "something"? Is it not the case that what he did was to kiii another person intentionally? ‘Killing‘ is the act—term in question; ‘murder‘ serves 195 simply to qualify this act-term by informing us what type of killing it is that the agent committed. Therefore, either both ‘murder‘ and ‘manslaughter‘ refer to species of killing and thus are act-terms in their own right; or else both ‘murder‘ and ‘manslaughter' function merely as qualifiers, informing us what type of killing has been com- mitted (where ‘killing‘ is the act-term in question). Nevertheless, perhaps it is significant that there is no verb corresponding to the substantive ‘manslaughter.’ One can commit an act of manslaughter just as one can perform an act of mercy; but one cannot "manslaughter" someone any more than one can "mercy" someone. ‘Murder,’ on the con- trary, can function either as a verb or as a noun. But I certainly would not want to base much on these grammatical observations; perhaps they are significant, but on the other hand, perhaps they are not. Fortunately, however, I think there is a much stronger argument, independent of any of the foregoing observations, that one can employ to show that any such class of act-terms which would entail the absence of in— tention on the part of the agent must necessarily contain no members. I must agree with Rayfield's contention that 196 for any item of behavior X to qualify as a candidate for an action of any kind--bound or unbound, intentional or unin- tentional--it is a necessary condition that X be such that someone could on some occasion decide to or intend to do X. Similarly, any term which denotes a type of action must refer to a species of activity which it is possible to undertake intentionally. A term which purports to describe some activity which is impossible to decide or intend to perform would, for this very reason, not count as an ESE“ term at all. It is difficult to conceive how such "act- terms" could ever be introduced into our vocabulary in the first place or, if they were, what possible function they could serve. For these reasons, then, I think we can safely rule out this class of act-terms, namely, act-terms which entail the absence of intention on the part of the agent. We are left, then, with two mutually exclusive and jointly exhaustive classes of act-terms; first, there are those act-terms which entail intentionality on the part of the agent and, secondly, there are those act—terms which entail neither the presence nor the absence of intention, those that are "neutral" with respect to the circumstance 197 of intentionality. Each of these classes of act-terms will, of course, contain many members (although I think it is reasonable to suppose that the class which is neutral with respect to intentionality will contain a far greater number than the other class). The following are lists of act- terms typical of each of these classes; needless to say, these do not purport to be exhaustive: Act-terms which entail the presence of inten- tion: ‘murder,' ‘lie,‘ ‘steal,‘ 'fast,‘ ‘cheat,‘ ‘conspire,‘ ‘embezzle,‘ ‘defraud,‘ etc. Act-terms which are neutral with respect to intentionalipy: ‘nod,‘ ‘hit,’ ‘hurt,’ ‘offend,‘ ‘kill,‘ ‘wound,‘ 'annoy,‘ etc. Now it is left to us to determine to which class ‘making a \ . ' I Q ' 30 bid and Signalling a turn belong. Before proceeding, I should like to examine briefly a curious claim which Rayfield makes concerning certain types of act-terms; in particular, regarding act-terms which characterize various sorts of criminal homicide, he writes: no one is ever in a position to describe ter [his] own behavior as murder, or any other type of criminal homicide. The reason for this is that ‘murder,’ 'manslaughter,‘ and ‘negligent homicide‘ (and sometimes ‘causing suicide‘) are never just terms used to de- scribe someone‘s behavior. Rather, these 198 are verdicts or charges which can only be brought within a court of law. A better way of putting this is that ‘murder,’ ‘man- slaughter,‘ and ‘negligent homicide‘ are classifications of items of behavior which can only be used by a court of law, and then only if the behavior in question has already qualified as an action. Hence, ‘Are you murdering?‘ and ‘Did you murder?‘ are not questions which can legitimately be used in determining whether a given item of behavior qualifies as an action.31 Let us consider the act-term ‘murder.‘ (For the reasons indicated above, I am not even sure whether we ought to refer to terms like ‘manslaughter‘ and 'negligent homicide‘ as act-terms at all). Even if we grant that ‘murder' is never a term used iEEE to describe someone‘s behavior, but is also a verdict or charge brought within a court of law, it still would not follow that it could not be used to describe someone's behavior. After all, neither is ‘donating a large sum to a worthwhile charity‘ iEEE a phrase used to describe someone's behavior; there is a commendatory force in this description as well. Neverthe- less, it would not follow that we could not use the phrase ‘donating a large sum to a worthwhile charity' to describe what someone did. So in the case of ‘murder,’ it seems to me that it may be quite intelligible in some cases to say something like ‘Jones murdered his wife, even though the 199 jury acquitted him‘ (or the grand jury refused to indict, or even though he was never even a suspect in the case, or whatever). Jones may subsequently confess to the murder-- notice, not just to the killing--of his wife. It seems to me that Jones may very well know about his own knowledge, purpose, degree and kind of recklessness, presence or ab- sence of intention, and so on, and thus be in a good posi- tion to correctly describe his own action as ‘murder‘ in- dependently of whether a formal charge is brought or whether a verdict is rendered by a jury in a court of law. Returning now to our principal question, how are we to classify ‘making a bid‘ and ‘signalling a turn?‘ Are these act-terms or phrases which entail intentionality on the part of the agent, or are they neutral with respect to the circumstance of intentionality? In our examination of Oldenquists' suggested proposal for identifying appropriate act-descriptions (Chapter I, section 3), we briefly dis- cussed the role of social practices and conventions in the determination of act-types. There we remarked that although the presence of applicable practices or conventions is often not a necessary condition for an action to be performed, their presence is nevertheless sometimes sufficient for a 200 specified type of action to have been performed--regardless of whether or not the agent himself intended to perform that action. And it seems to me that ‘making a bid‘ and ‘signalling a turn‘ are paradigm cases of just this sort of "convention-governed" action. The man at the auction who raises his arm in order to scratch his armpit has, in doing so, made a bid on the merchandise, even though it was not his intention to do so, indeed even though he did not know that this act on his part constituted making a bid. And the relevant practices and conventions dictate that the foreigner who extends his arm from his automobile has signalled a turn, in spite of whatever else he intended to do and in spite of whether he, in fact, knew that he was signalling a turn. In both cases, it seems to me, the agent may very well be held accountable for what he did. If our man at the auction was the last to bid on the mer- chandise, then he may legitimately be held responsible for his bid and forced to pay up to meet his obligation. And should the foreigner‘s signal cause some untoward chaos at the intersection, he may be hauled into the station and ticketed for improper lane usage or whatever. 201 Now it is important to emphasize that I am 22E claiming, nor am I in any way committed to the claim that ignorance on the part of the agent that his doing X = doing Y will have no effect on our description of what he did or on our subsequent behavior toward him. As I mentioned in my argument against Anscombe, showing that an act was per- formed unintentionally is the sort of thing which can function as a mitigating circumstance. One can imagine the unwitting bidder complaining to the auctioneer that he didn‘t intend to bid on the merchandise, that he didn‘t even know that he was doing so; that the auctioneer had, so to speak, "misinterpreted" what he was doing. And the auctioneer may be particularly sympathetic with the man‘s plight, release him from his financial obligation, and pick up the bidding again at the point where he left off. The auctioneer might do this, but he need not. Most im- portant, the auctioneer is gs; guilty of misinterpreting the unwitting bidder‘s behavior since, in those circum- stances, the relevant practices and conventions dictate that raising one‘s arm = making a bid. Likewise, with respect to the foreign driver, his sincere claim of ig- norance might be countenanced as a mitigating circumstance. 202 He might be left off this time with a stern warning and a brief lecture on the rules of the road. But, once again, he need not be left off; after all, "ignorance of the law is no excuse." In other words, although A‘s sincere plea of ignorance that he was doing X may--not must--be coun- tenanced as a mitigating circumstance in such cases, A‘s ignorance nevertheless does s93 defeat the claim that he did, in fact, X.32 If all this is correct, then it would be £522 to say of the agents in our examples that ‘He made a bid' and ‘He signalled a turn,‘ respectively. And if it is true to say these things of them in spite of the absence of intention on their parts to perform these actions, it follows that the act—phrases ‘making a bid' and ‘signalling a turn‘ need not entail the presence of intention on the part of the agent; these act-phrases, therefore, are prop- erly classified as instances of act-terms which are neutral with respect to the circumstance of intentionality. I have now succeeded, I think, in establishing my first claim concerning such act-descriptions. When I began the discussion of these illustrations I confessed that, although I was not quite certain how to handle cases of this sort, I was inclined to say that the descriptions 203 ‘He made a bid‘ and ‘He signalled a turn‘ were Eggs act- descriptions even if incorrect in the weak sense of being misleading. If my argument thus far is sound, I have suc- ceeded in showing that it is Eggs to describe what our agents did as ‘making a bid‘ and ‘signalling a turn.‘ What remains, then, is to (i) show that such descriptions, while true, are nevertheless misleading and thus incorrect in the weak sense, and (ii) to offer an analysis to account for the misleading nature of such descriptions. (ii) Attributing Intentionality Let us return to our classification of act-terms. We have thus far distinguished between those act-terms which entail the presence of intention on the part of the agent and those which are neutral with respect to inten- tionality. What I would like to do now is to examine the "implications" of action-sentences which employ act-terms from each of these classes. This examination will, I trust, provide the key to accounting for the misleading nature of certain types of act-descriptions of which ‘He made a bid‘ and ‘He signalled a turn‘ in our examples are instances. 204 Let us begin with the first class of act-terms, those which entail the presence of intentionality on the part of the agent. With respect to any act-term, X, from this class, an action-sentence of the form ‘A X-ed‘ will, if true, entail that A, in doing X, was acting intention- ally. For example, the sentence ‘A murdered B‘ (as 'murder' is being understood throughout this discussion), if true, entails that A was acting intentionally in disposing of his victim. It follows that if A did not kill B intentionally, then the act-description ‘A murdered B‘ will be incorrect in the strong sense of being false. The same would hold true of any description of the form 'A did X‘ or ‘A is X—ing‘ in which the act-term or act-phrase substituted for ‘X‘ belongs to that class of act-terms which entail the presence of intention on the part of the agent. In such cases, what a sentence of the form ‘A did X‘ or 'A is- X-ing‘ formally entails with respect to the agent's inten- tions will coincide exactly with what that sentence "im- plies" or suggests to one‘s audience.33 But is the situation the same for action-sentences containing act-terms or phrases belonging to the second class, those which are neutral with respect to 205 intentionality? That is, although such act-terms obviously do not entail either the presence or absence of intention, is it true that they "imply" neither the presence or ab— sence of intention as well? In this instance, I want to argue that, with respect to intentionality, what an action- sentence of the form 'A X-ed‘ or ‘A is X-ing‘ entails is not necessarily the same as what it "implies" or suggests. Consider a couple of action-sentences containing act-terms which are neutral with respect to intentionality: 1) Smith hit Jones and wounded him seriously. 2) Adams killed Brown with a slingshot. What I wish to claim concerning sentences such as these is that, although the act-terms in question (‘hit,‘ ‘wound,’ ‘kill‘) belong to that class which entail neither the pres— ence nor the absence of intention on the part of the agent, such locutions--without any qualification or expension-- nevertheless do "imply" or suggest that what was done in each case was done intentionally. 'In sentence (1), for example, to say simply that 'Smith hit Jones and wounded him seriously‘ is to suggest that Smith hit Jones inten- tionally with the further intention of wounding him; this 206 holds in spite of the fact that hitting and wounding are things which can be done with or without intention on the part of the agent or, in other words, in spite of the fact that ‘hit‘ and ‘wound‘ are act—terms which entail neither the presence nor the absence of intention on the part of the person doing the hitting or wounding. And the same considerations apply to sentence (2). It may be objected that the examples of act-terms which I have chosen are particularly well-suited to support my claim, but that I have been biased in my selection. Perhaps, one might argue, it is true that action-sentences of the simple form ‘A did X' or ‘A X-ed‘ gs "imply" that A X—ed intentionally when act-terms like ‘hit,‘ ‘wound,‘ or ‘kill‘ are substituted for 'X,‘ but that this may not hold when other act—terms are employed, even when such act- terms belong to the class which is neutral with respect to intentionality. Or even stronger, perhaps it is the case that not only are there act-terms of this sort which do 223 "imply" the presence of intention, but that there are even cases of such act-terms which, though neutral with respect to intentionality, nevertheless "imply" the absence of intention on the part of the agent when they are employed 207 in simple action—sentences of the form ‘A did X.‘ And I must admit that I certainly have not exhaustively canvassed all the act-terms belonging to this class. In all honesty, however, I am not able to think of a plausible candidate for an act-term in this class having this feature. Maybe an act-term like ‘offend‘ could be suggested as a likely candidate. But even here it seems to me that to say simply that ‘A offended B‘ "implies" that he did so intentionally, even though one can offend either intentionally or uninten- tionally. If we suppose that A did, in fact, offend B, but that he did so unintentionally, this could be captured by saying something like 'A‘s behavior offended B‘; but notice that this expression.does not have the form ‘A X-ed.‘ But, one might object, further, we do use locutions like ‘A deliberately offended B,‘ and that this would suggest that the act-term ‘offend' "implies" as well as entails neither the presence nor the absence of intention on A‘s part. For, if in saying that ‘A offended B‘ it is "implied" that the offending was intentional, then the locution ‘A is- liberateiy offended B‘ would be redundant. But it seems to me that the insertion of the word ‘deliberately‘ in such cases serves to emphasize the speaker's distaste for 208 A‘s behavior, and not to inform us what species of offen- siveness he is guilty of. At any rate, what I am trying to argue for here is not, I think, a feature peculiar to act-terms. A similar case can be made with respect to Leonard‘s class of attri- butives which entail neither the existence nor the non- existence of their corresponding "intentional objects." As J. R. S. Wilson notes, On an extensional account . . . a psychological statement containing a referring expression would imply that the referring expression had a referent. Now if I utter a psychological statement employing a name or definite de- scription I certainly seem to imply that this name or description has a referent. Thus if I say that Smith is angry with the man who stole his bicycle, or that Jones is afraid of the burglar who broke in last night, I seem to imply that someone did steal Smith‘s bicycle, or that a burglar did break in last night. Someone who heard me would conclude from what I said that this was so, and would surely be justified in doing so. Furthermore, if I found out that I had been mistaken in think- ing that there was such a person, I would probably retract or modify my statement. In other words, just as expressions containing predicates which are neutral with respect to existence "imply," though they do not strictly entail, the existence of the corre- sponding "intentional object," so too expressions contain- ing act-terms neutral with respect to intentionality"imply," 209 though again they do not strictly entail, the presence of intention on the part of the agent. If this is correct, then we are finally able to substantiate our claim concerning the original illustra- tions, namely, that although ‘He made a bid‘ and ‘He sig- nalled a turn‘ are true act-descriptions, they are never- theless incorrect in the sense of being misleading. For if we were right in classifying ‘making a bid‘ and ‘sig- nalling a turn‘ as belonging to the class of act-terms which are neutral with respect to intentionality, then a sentence like ‘He made a bid,‘ although it does not entail that the bid was made intentionally, nevertheless "implies" or suggests that the agent intended to make the bid. And finally, since we have been supposing throughout that the agent did BEE intend to make a bid, this act-description would be misleading and therefore incorrect in the weak sense. Likewise, in the case of the foreign driver, al— though it is Eggs to say that ‘He signalled a turn,‘ this act-description is nevertheless misleading since it sug— gests or "implies" that he intended to signal the turn. This analysis also enables us to account for the peculiarity of the action-sentence ‘He alerted a prowler‘ in Davidson‘s 210 illustration. Although alerting prowlers is something one can accomplish either intentionally or unintentionally, nevertheless to say simply that ‘He alerted a prowler' is to suggest that the agent intended to do so; since, by hypothesis, this is not the case, this act-description must be counted as misleading, even though it is true that the agent did succeed in alerting the prowler. In each of these cases, of course, the infelicity could be avoided by expanding or qualifying the given act- description. We could relate the entire episode in detail, including all of the relevant circumstances (one of which would be the absence of intention on the part of the agent). Alternatively, we could simply qualify the given act- description with a word or phrase like ‘unintentionally,‘ ‘inadvertently,‘ ‘accidentally,’ ‘unwittingly,’ or so on, and thus "cancel out" the initial presumption that the action was performed intentionally by the agent. ~Thus, for example, with respect to the bidder, we might say something like 'He made a bid, although he didn‘t mean to‘ or ‘He accidentally (or inadvertently) made a bid on the lamp‘; or with respect to Davidson‘s case we might say that the man ‘accidentally alerted the prowler,‘ and so on. 211 Although I hope that the point I am making is clear, let me conclude this discussion by explicitly formulating a final condition for correct act-descriptions to handle the sorts of cases we have been considering in the latter portion of this chapter (i.e. the unwitting bidder and foreign driver): C6: In general, one may not correctly describe what an agent did by a simple action- sentence of the form 'A X-ed,‘ where X is an act-term neutral with respect to intentionality, unless the agent knew that he X-ed and intended to do X.35 Conclusion Let me conclude the discussion in this chapter by indicating what I take to be right in Rayfield's original analysis of the notion of a correct act—description, as well as pointing out our areas of disagreement. First for the disagreements. I do not consider Rayfield‘s conditions for correct act-descriptions suffi- cient, though I do regard each of them as necessary. It will be recalled that on his analysis, a description Dn is correct if and only if: (i) Dn is true, and (ii) Dn is the same as Dn‘, where Dn‘ is the description of A‘s act 212 under which A X-ed. Condition (ii) simply amounts to knowledge or awareness on the part of the agent that he did, in fact, X. I regard both (i) and (ii) as necessary, but not jointly sufficient, for qualifying a given descrip- tion of A‘s act X as correct. In the case of the southern sheriff, he did save four lives (i.e. the description ‘he saved four lives' is true) and, furthermore, he knows that he saved four lives. Nevertheless, on my analysis, ‘He saved four lives‘ does not qualify as a correct act- description since it violates Cl. In general, the correct- ness of a given act—description meeting both of Rayfield‘s conditions may nevertheless be defeated by violating one or more of the conditions Cl-C6. On the other hand, I do agree with Rayfield in regarding the agent‘s awareness or knowledge of what he is doing or has done under a given description as a necessary condition for the correctness of that description. Con- versely, A‘s ignorance that he was X—ing is sufficient to disqualify 'A X-ed‘ as a correct description of A‘s action. What is important to notice, however, is that I do not adopt this view for the same reason as Rayfield. On the contrary, I reject Rayfield‘s argument that failing to 213 acknowledge A‘s ignorance as a sufficient condition for disqualifying ‘A X-ed‘ as a correct description has the unacceptable consequence that one might be praised or blamed for doing X unwittingly. Against this I argued that, although we would not praise an agent for "doing good" unwittingly, we nevertheless can and do in some cases hold agents responsible and blame them for doing X unwit- tingly; in other words, I reject Rayfield‘s assumption that the conditions for ascribing praise and blame are symmet- rical. I also went on to argue against Anscombe‘s claim that the absence of the necessary desirability character- ization is sufficient for disqualifying an item of behavior as an intentional action on the part of an agent. Against this I argued that her notion of a desirability character- ization is not a necessary condition for, although it almost invariably accompanies, intentional action. Rather, I regard ignorance on the part of the agent that he is (was) doing X sufficient for disqualifying ‘A is X-ing‘ or ‘A X-ed‘ as a correct act-description for the following reasons: Case (i): In the sentence schema ‘A X-ed,‘ where X is an act-term which entails the presence of intention on the part of the agent, if A is not aware Case (ii): 214 that he is X-ing then X does not qualify as an intentional action on A‘s part; therefore, the de- scription ‘A X-ed‘ in such cases is incorrect in the strong sense of being false. If, on the other hand, the act-term substituted for ‘X' in the simple sentence schema ‘A X-ed‘ belongs to the class of those neutral with respect to intentionality, then although the description 'A X-ed‘ may be true, it is nevertheless misleading if the agent did not know that he was X-ing, since it "implies" or suggests--though it does not entail--that A intended to do X. 215 Notes on Chapter III 1. Knowing What One is Doing 1 . G. E. M. Anscombe, Intention, 2nd. ed. (Ithaca: Cornell University Press, 1957), p. 37. 2Anscombe, pp. 41—42. 3Anscombe, p. 75. 4Brice Noel Fleming, "On Intention," The Philosoph— ical Review, Vol. LXIII, No. 3 (July, 1964), p. 307 (italics mine). 5Fleming, p. 307. 6John Austin, Lectures on Jurisprudence (London: John Murray, 1873), Vol. I, p. 451. 7Anthony Kenny, "Intention and Purpose," The Journal of Philospphy, Vol. LXIII, No. 20 (October 27, 1966),Eh 647. 8Paul M. Churchland, "The Logical Character of Action-Explanations," The Philosophical Review, Vol. LXXIX, No. 2 (April, 1970), pp. 230-231. 9Robert Audi, "Intending," The Journal of Philosophy, Vol. Lxx, No. 19 (July 19, 1973), pp. 390—391. 10Audi, p. 391 (italics mine). As I will indicate later, Audi adds certain qualifications which make his posi- tion come much closer than might be expected to the one I wish to defend. In fact, in one place in this same article, Audi insists that his remarks do 22E commit him to "denying the validity of the inference from (a) x intends to do A, (b) x believes that A = A1,and (c) x is rational, to (d) x intends to do A1" (Ibid., p. 397, n. 10). 1George Pitcher, "‘In Intending‘ and its Side Ef- fects," The Journal of Philospphy, Vol. LXVII, No. 19 (Oc- tober 8, 1970), p. 664. 216 2Bruce Aune, "Intention and Foresight," The Journal of Philosophy, Vol. LXIII, No. 20 (October 27, 1966), pp. 652-654. l3Erroll Bedford, "Intention and Law," The Journal of Philosophy, Vol. LXIII, No. 20 (October 27, 1966), pp. 654-656. l4Bedford, p. 654. 15Roderick Chisholm, "The Structure of Intention," The Journal of Philosophy, Vol. LXVII, No. 19 (October 8, 1970), p. 645 (italics mine). l6Chisholm, p. 636. The ambiguity in Chisholm‘s position that I mentioned above is generated by another of his principles that would seem to conflict with the prin- ciple just stated. This second principle he refers to as "the principle of the nondivisiveness of intention": "from the fact that (i) there is a certain state of affairs p such that a man acts with the intention of bringing it about that p occurs, and (ii) that state of affairs p en- tails or includes a certain other state of affairs q, and furthermore (iii) the man in question knows or believes that p entails g and (iv) he is completely rational, it does not follow that (v) he acts with the intention of bringing it about that g occurs" (Ibid., p. 636). I think, however, that the inconsistency between these two principles is only apparent. For the principle of the diffusiveness of intention entails that in a case of this sort, the agent acts with the intention of bringing it about that both p and g occur; but this is quite compatible with the prin— ciple of the nondivisiveness of intention which entails that in a case of this sort it does not necessarily follow that the agent acts with the intention of bringing it about that 3 alone occurs. This interpretation is borne out by Chisholm's analysis of test cases. For example, Chisholm asks: "If a men acts with the intention of bringing it about that he will visit Paris and if he knows that General de Gaulle will be there, does he act with the intention of bringing it about that state of affairs which is his being‘ in Paris while General de Gaulle is there?" and he answers, "It seems to me that the answer is yes" (Ibid., p. 636). In other words, step (v) of the principle of the 217 nondivisiveness of intention is not to be read as ‘bringing it about that q occurs is psi an intentional act on the part of the agent,‘ but rather that ‘bringing it about that g alone occurs is not the whole of the agent's intention; what is intentional on his part is the bringing it about that both p and g occur. 7Hector-Neri Castaneda, "Intentions and the Struc- ture of Intending," The Journal of Philosophy, Vol. LXVIII, No. 15 (August 5, 1971), pp. 453-466. See also Annette C. Baier, "Act and Intent," The Journal of PhilOSOphy, Vol. LXVIII, No. 19 (October 8, 1970), pp. 648-658. l8Chisholm, p. 645. 19Fleming, p. 309. 20See Castaneda, p. 459. 21Jack W. Meiland, The Nature of Intention (London: Methuen & Co. Ltd., 1970), pp. 7-13. 22Meiland, p. 14. 23Castaneda, pp. 459-460. 24Audi, p. 401. 25Audi, p. 401. 26Anscombe, pp. 41-42. 7Donald Gustafson, "The Range of Intentions," Inquiry, Vol. 18, No. 1 (Spring, 1975), p. 89. 2. Bearing on Act—Descriptions 28The O.E.D. defines the verb ‘murder‘ as ‘to kill (a human being) unlawfully with malice aforethought‘ and defines ‘malice‘ as ‘wrongful intention generally.‘ This, of course, is what is referred to in legal terminology as first degree murder. It is this sense of ‘murder‘ which 218 I have in mind here and which I will be employing throughout the subsequent discussion. 9Henry S. Leonard, "Essences, Attributes, and Predi- cates," Presidential Address to the Western Division of the American Philosophical Association, printed in the Proceed- ings and Addresses of the American Philosophical Association, Vol. XXXVII (1963-64). 30Of course, a simple test could be devised for as- certaining to which of these classes a given act-term be- longs. Given any act-term, X, if it makes sense to say ‘A did X, but he did so unintentionally,‘ then the act-term in question will belong to the class which is neutral with respect to intentionality; if it does not make sense, then the act-term will belong to the class of those which entail intentionality. Unfortunately, the present sorts of cases are precisely those in which it is not clear how we should answer this question. Thus the need for a more careful examination. 31Rayfield, "Cody‘s Categories," p. 427. 32Notice that it is A‘s plea of ignorance in such cases that may be counted as a mitigating circumstance, and psi his disclaimer that X was, in fact, something that he positively wanted or desired or, in other words, his disclaimer that X possessed the necessary desirability characterization. If the bidder did, in fact, know that raising one‘s arm at an auction = making a bid, then his sincere avowal that "all he wanted to do was scratch his armpit" would in no wise be regarded as a mitigating or exculpating circumstance. Given the relevant practices and conventions, he did make a bid; furthermore, given his knowledge that raising one‘s arm at an auction = making a bid, making a bid was an intentional action on his part. 33Notice that I restrict the coincidence of what is formally entailed and what is "implied" or suggested in such cases to the circumstance of intentionality. It could still happen that a sentence of the form ‘A X-ed‘ (where ‘X‘ stands for an act-term entailing intentionality), while having the same entailments and "implications" with respect 219 to the presence of intention on the agent‘s part, could still be misleading for independent reasons (it might, for example, violate one of the conditions specified in Chap- ter II). In such a case, of course, the "implications" and formal entailments of the sentence 'A X-ed‘ will not coincide exactly. 34J. R. S. Wilson, Emotion and Object (Cambridge: Cambridge University Press, 1972), p. 146. 5We must append one other "unless" clause to this condition. For it can happen that the results dictated by C6 may sometimes conflict with the conditions which include reference to the anticipatibility of consequences particu- larly C3. In the case of the man who talks to the bus driver and (unintentionally) distracts him, C3 permits us to say simply that ‘He distracted the bus driver,‘ in spite of the fact that this was not the intention with which he talked to the driver, since distracting drivers is, on general grounds, an anticipatible consequence of talking to them while they are driving. But when we do encounter a conflict of this sort, it seems that we must let C3 take precedence. For, at least in the context of morality, it is more important that we avoid the one kind of infelicity than the other. That is, we will insist in cases covered by C3, that the act be described as ‘doing Y' even if it was not intentional on the agent‘s part, since he should have known that Y was the natural consequence of his X-ing. CHAPTER IV CONCLUDING REMARKS What I have attempted to do in this thesis is, first, to precisely formulate an issue which, though it heretofore has not received much direct attention, is not only of intrinsic philosophical interest, but also, as I have tried to show, of extreme practical importance as well. This I have referred to as the problem of act- descriptions, and it can be stated as follows: given that any item of human behavior can be truly described in an infinite number of ways, are there any criteria for choos- ing from this class that description which is the "pre- ferred" or correct description of a given action? I indi- cated the importance of this enterprise for such areas as the philosophy of mind and ethics. Convincing the reader that the "problem of act-descriptions" does constitute a bona fide philosophical problem the solution to which has an important bearing on practical issues was my initial aim in writing this thesis; this I trust I have achieved. 220 221 Having stated the problem, the remainder of the study was devoted to solving it, that is, to arriving at a satisfactory analysis of the notion of a ‘correct‘ act- description, an analysis which is at once both useful and illuminating while preserving (or at least not seriously violating) our pre-analytic intuitions concerning human acts and their appropriate characterizations. In this context I first examined, and ultimately rejected, the only explicit attempts to date to solve the problem of act-descriptions as I have formulated it here. In their place, I substituted an analysis of a ‘correct‘ act- description which, although perhaps not as rigorous or precise as those rejected, nevertheless avoids the diffi- culties engendered by the very rigor and precision of those alternative analyses; an analysis which, moreover, is more "faithful to the facts" and which does perform the job required of it. The foregoing in effect constitutes a synopsis of my goals and achievements in Chapter I. And this is perhaps the most important part of the entire inquiry. For what is provided therein is a general "formula" or guideline, however inexact, for testing various 222 descriptions of a given action for correctness. The rest is simply a matter of applying this formula to specific cases. Of course I am not implying here that such appli- cations will be purely mechanical; surely it will not. Nor am I suggesting that there will never be disagreement at any point during the application. But having furnished the general guidelines, it is my contention that when specific disagreements do surface, there is nevertheless a general framework within which reasonable parties will be able to test their disagreement and usually reach a consensus. In this respect, it is not an overstatement to say that the rest of the thesis stands or falls with the success or failure of my analysis. In Chapters II and III I put my analysis to work on the problems of the relation between acts and conse- quences and acts and intentions, and the bearing of these relations on the issue of act-description. In Chapter II, I began by asking when and under what circumstances we may correctly redescribe an agent‘s act solely in terms of its consequences. First, I demonstrated that some such re- descriptions are simply false and thus incorrect in the strong sense. I then proceeded to the more interesting 223 problem, namely, that of distinguishing those true rede- scriptions of acts in terms of their consequences which count as correct as well from those which do not, according to the analysis adopted in Chapter I. In discussing a number of types of cases, I arrived at a set of general guidelines for correct redescriptions of acts in terms of their consequences (conditions Cl-CS); these results I sum— marized at the end of Chapter II, section 1. Finally, I indicated the importance of these results for ethical theory; in particular, I employed the analysis in Chapter II to preserve the viability of the deontological- teleological distinction in ethical theory against those who wish to argue that such a distinction is trivial and unilluminating. Finally, in Chapter III I addressed myself to a very specific question concerning the relation between act and intention. I set out to determine (a) the relation between an agent‘s knowledge or awareness of what he is doing (or has done) and the concept of intentional action, and (b) the bearing of this relation on the problem of act-description. The results of this inquiry are summar- ized in the concluding section of the chapter, so I need not repeat them here. 224 The sc0pe of the problem of act-descriptions as I have formulated it is so broad that any attempt to deal with it in a wholly satisfactory manner within the compass of a single volume is destined to fail. The task of apply- ing the analysis suggested to all the sorts of cases which must be handled is a painstaking one, and one that must be approached in a piecemeal fashion. Each problem addressed raises further questions; within the problem of intention— ality, as I indicated, there arise a whole host of distinct issues to be dealt with. We must content ourselves with approaching each of these one at a time, exercising the care and patience necessary for arriving at an adequate treatment in each instance. In this respect, the sense of frustration engendered by the incompleteness of the task at times almost seems sufficient to outweigh whatever com— fort or satisfaction has been attained by the progress made. But this is as it should be. Philosophy, as has been re- marked so often, is an ongoing activity; the sense of frustration noted above is one of the occupational hazards of doing philosophy. But although one must resist at all costs the insidious temptation to rest content with a job only partly completed, one should also resist with equal 225 force deprecating contributions--however small--to the solution of important problems. It is in this spirit that I, and I hope others, regard the results of this study. BIBLIOGRAPHY BIBLIOGRAPHY Anscombe, G. E. M. Intention (2nd ed.). Ithaca: Cornell University Press, 1963. 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