OBJECT AND INTENTION IN MORAL JUDGMENTS ACCORDING TO AQUINAS JOHN FINNIS I U'flkueTBity Oollege Unwersity of Oa:ford NTENTION IS OF END, choice is of means. A human aict specified by (and s? is co.rrect:ly in terms of) its end. A human act IS specified by (and so Is correctly described in terms of) its object. An a:ct which is bad by reason of its object cannot be justified by its end (its: good intention) . A human a:ct is specified by (and so is correctly described in iterms of) its intention .... Such a sequence of statements of St. Thomas ought to leave an impression of confusion. That impression would be heightened by the traditional representation of his analysis of acting in a schema of 12 terms signifying a sequence of psychological acts involved in willing and doing something. For in this analysis, intention seems to precede ·deliberating, judging, and choosing, and so, as deliberating, judging, and choosing often present themselves to consciousness distinctly, intention is presented in this analysis as if it were a distinct content of consciousness. When intention is so conceived, iit becomes possible to imagine that one can, so to speak, choose to direct (an) intention to or withhold it from the various aspects of one's chosen behavior, e.g. it.hose consequences which one foresees and welcomes or those one chooses to bring about onJ.y with regret. To some contemporary moralists, such approving or regretting of consequences is precisely what engages or disengages one's will and thus one's responsibility; what Christians or Jews used to regard as immoral can be uprightly done if done merely as a means to good ends and only with reluctance, I JOHN FINNIS regret, disapproval, i.e. if in no way approved or adopted as an end, i.e. if not really intended. 1 Other modern moralists deny that one's responsibility for consequences of deliberate behavior can be so dependent on an inner ruct of intending (as distinct from the choosing and doing) ; they judge one responsible for everything one deliberately and with foresight causes. 2 So they too reject the " doctrine " of double effect which Christian moralists had articulated as a development or codification of the elements of St. Thomas's discussion of self-defense, a disoussion whose first premise is that a human ad is specified (i.e. identified for the purposes of moral assessment) by its intention. Today there are other moralists again who combine the two foregoing lines of thought: they reject the doctrine of double effect as giving exaggernted importance to choice (means) over intention (end); one should take into account alil foreseeable consequences of one's chorce and ensure that it is likely to have a greater proportion of good than of bad consequences, and one must never approve (intend) any bad consequences-one may never deliberately cause them as ends hut only as means, means which one deliberwtely causes, not for their own sake, hut only for the sake of those proportionately greater good (or less bad) consequences which one does intend. 8 1 Cf., e.g., Richard McCormick, S.J., "Medicaid and .Abortion," Theological Studies 45 (1984): 716-717. 2 Cf. Bruno Schueller, "The Double Effect in Catholic Thought: A Re· evaluation," in McCormick and Ramsey, Doimg Evil to Achieve Good (Chicago: Loyola University Press, 1978), 191: " ... 'intend as a means' and 'permit', when referring to a non-moral evil, denote exactly the same mental attitude." Schueller, "La moraliM des moyens," Recherches de Science Religieuse 68 ( 1980) : 211 ( causilng moral evil is never justified, causing non-moral evils is justified in pursuit of non-moral good of corresponding importance); 221· 2: "pour tous les biens dont la possession contribue au bien-etre de l'homme ... [q]uoi que l'on choisisse ... les consequences negatives qui resultent du choix sont un pur moyen en vue des consequences positives qui en resultent." s Cf. K.-H. Peschke, "Tragfaehigkeit und Grenzen des Prinzips der Doppelwirkung," Studia Moralia 26 (1988): 110-112, where Peschke states the "principle of double effect" (which he ascribes to Catholic theology and attacks) in terms not of what is directly or indirectly willed or intended or chosen or done, but in terms of what is directly/indirectly "caused." OBJECT AND INTENTION IN AQUINAS 3 All these influential cont·emporary positions are deeply confused and mistaken. Though the mistakes go wider than the theme of this paper, the confusions (and equally that impression of confusion which I mentioned at the outset) could be overcome by attention to rthe controlling elements of St. Thomas's thought on intention and choice. I shall focus on two of those controlling elements. (i) In choosing, one not only intends as one's end some benefit, bu.it also prefers one proposal offering such benefit to one or more alternative availablie proposals offering the same or some other intelligible benefit. (ii) In choosing means (aidopting one proposrul for the sake of its intelligible benefit), one not only constitutes that means as the (proximate) end for any technique, procedure, or performance one may use to do or carry out one's choice but also settles the end (the benefit) one invends. I The neo-scholastic schema proposed as a representation of St. Thomas's analyses of deliberate human acts conveys both the truth that any such act has its primary intelligibility as means to end and the truth that will is always response to reason's envisaging an intelligibly good objective. But these two virtues of the schema are overwhelmed by its defects as an interpretation of St. Thomas and ·an analysis of action. A standard version: 5 1 what it seems intelligent to seek and secure. Of course, one's capacity to seek and secure such benefit can certainly be harnessed by sensory, subrational desires, emotions, and feelings. I shall not further consider this aspect of the matter, on which see Grisez, Boyle, and Finnis, "Practical Principles, Moral Truth, and Ultimate Ends," American Journal of Jurisprudence 32 ( 1987) : 122-125. (in all essentials) in, e.g., the notes by S. 5 The schema is found thus Pinckaers, O.P. in Somme Theologique: Les Actes Humaines, tome premier (Paris: Desclee: 1962), 414-437; the notes by T. Gilby, O.P. in Summa Theologiae, vol 17 (London and New York, 1970), 211; and the introduction to the La Somma Teologioa, vol. 8 (1958), 168 (with reservations by the editor, T. Centi, O.P., 169-170). 4 JOHN FINNIS Intelligence Will Conoerning ·the end I. Simple understanding 3. Judgment: end is attainable fl. Simple volition 4. Intention Conoerning the means 5. Deliberation (consilium) 7. Judgment on means (sententia/iudWium) 6. Consent 8. Choice. (electio) Exeooting the choice 9. Direction (imperium/ praeceptum) 11. Application of intelligence in e:reouting choice 10. Application (usus) 1.2. Enjoyment (fruitio) That nothing in St. Thomas's discussions clearly corresponds to phases 3 and 11 need not concern us. What should concern us is that, in discussing the consensus, hel'e placed as phase 6, Aquinas himself always and unambiguously locartes it after a sententia or iooicium concerning means: it is one's more or les:s welcoming 1.'esponse to the practical judgment that some action is an eligible and appropriate way of achieving some end which seems to one to be desirable. But in the neo-scholastic scheme, the iooicium concerning means appears only as phase 7, after consensus. 6 Why rthis apparent defiance of Aquinas's account, this reversal of the order of consent and judgment? In Ol'der, I think, to preserve the alternating sequence in which will responds to inteUigible good; if consent is a response of will to practical judgment, there would he no room for a distinction between consensus and the ohoice itself, which the commenmotus appe6 See ST I-II, 15, 3c (potest ... esse consensus, inquantum titivus applicatur ad id quod ex consilio iudicci.tum est); 74, 7, ad 1. Oil.tl!ic'.l' AND INTENTION lN AQUINAS hi.tors rightly 1 make the response precisely to judgment. But here their most fundamental oversight becomes evident. In drawing up their schema, they have forgotten something to which the sounder of them often, i:f elsewhere, attend: the fact that, by definition, choice is between eligible options, between mutually (he11e and now) exdusive praictical alternatives (proposals 8 :for action) . Indeed, the whole neo-scholastic schema or diag11am hides what St. Thomas makes central rto his account of choice: that choice is between wlternatives, is an alterum alteri praeoptare 9 or praeeligere,1° an unum alteri praef erre,11 a praeacceptatio wnius respectu alterius; 12 the decisive preferring of one a:lternativie to another or others. So, where praictical reasoning is followed by :choice, rthat reasoning must have "left something open " to choice. More p!lecisely: choice, being an ruct of will, and one which could have gone the other way, must be between alternativ;es each of which is shaped by reason. (Option B need be no more than: not to choose option A, for a reason.) Any deliberation which ends in choice must have 1,See BT I-II, 13, 1, ad 2; 3c; de Ver. 17, 1, ad 4. Note: I am not suggesting that iudicium should be removed from its place immediately "prior to " electia. I in no way deny the thesis articulated as no. 21 of the 24 Theses promulgated by the Congregatio Studiorum on 27 July 1914, as interpreted, e.g., by R. Garrigou-Lagrange, O.P., De Beatitudine (Rome and Turin, 1951), 253-4 (see also 222, 247, 260, 265). There is an "ultimate practical judgment" that this (the option being chosen) is preferable (at least for me, here and now); but the option thus being chosen was an option shaped by the prior deliberation which yielded more than one eligible option, each shaped by deliberation and affirmed as choiceworthy by a practical judgment; and that it is this option rather than the other(s) that the ultimate practical judgment declares preferable is settled by the choice (the will's electio). Such seems to be the gist of the last, anti-Leibnizian sentence of Thesis 21, and I agree with it: " sequitur ... electio judicium practicum ultimum; at quod sit ultimum, voluntas efficit." s" Obiectum ... voluntais proponitur ei per rationem." ST I-II 19, 3c. " ... obiectum voluntatis est id quod proponitur a ratione ... ": I-II 19, 5c. 9" eligere est alterum alteri praeoptare ": In Sent. II 24, 1, 2c. 10 ST I-II 13, 4, ad 3; 15, 3, ad 3. 11 de Ver. 22, 15c. ti BT I-II 13, 2c; discretio unius ab altero (ad 1) ; de Ver. 22, 15c. 6 JOHN FINNIS yielded, not one judgment affirming the choioeworthiness of an option awaiting adoption by the will, but (at least) two judgments. (One of these judgments may be no more than: there is l'eason not to act on the other.) And there is need for choice because one responds to the attraction-