Disordered Actions Introduction
Disordered Actions Introduction
Disordered Actions Introduction
Most people today would hold that lying is a bad action. When pressed,
however, many would be tempted to allow for it in extreme circumstances.
For instance, if one is hiding Jews and the Nazis come to the door, it seems
morally permissible or even praiseworthy to lie, saying, “There are no Jews
here in this house.” But if extreme circumstances allow for what is normally
bad to become good, does this not apply to other actions as well? Say you
lied to the Nazis, but they decided to inspect your home anyway. As they
ransack your belongings, they notice the Jews hiding in the cellar beneath the
rug on the kitchen floor. Pulling the Jews out one by one, they line them up,
ready to be summarily shot. The Nazi corporal draws his pistol, but before he
is able to pull the trigger the commanding officer orders him to halt. The
commander approaches you with a proposal. Remember that pig you’ve been
raising in the backyard? Either you or one of the Jews must commit an act of
bestiality with it, or you’ll all be shot. What should you do? A
consequentialist would conclude that there is no such thing as an action that
should never be done regardless of consequences; in fact, all that counts are
the consequences. Given that the consequences are extreme enough, one
ought to commit the act of bestiality.
Most people who might be hesitant to justify the bestiality will freely
admit that given dire enough circumstances lying can be justified. When
pressed with what justification they have for their position frequently no
further answer is given beyond that the consequences require it. But can
consequences alone justify any action whatsoever?
Take the following example: there are seven people in a hospital who
badly need organ donations. One person down the hallway is a perfect match
for the seven and has all of the relevant organs. Let’s presume even further
that the medical personnel can get away with secretly killing the one person
by a painless drug overdose. Nobody else is likely to copy their behavior,
because it is done in secret. If the other seven are not given the organ
donation, they will all die. According to consequentialism, since murdering
the one for his organs would produce more good than bad consequences, it is
good for him to be killed. If consequences alone justify an action, then
murdering one person, even against his consent, so as to harvest his organs
can be morally good.
Another famous example involves a sheriff in a small Southern town. 1
A black man has been falsely accused of raping a white woman at the local
circus. The sheriff knows the black man is innocent and that the local racist
mob has stirred up the populace against him. The mob threatens to riot,
unless the sheriff personally lynches the black man. If the mob riots, they will
burn local businesses and kill another twenty innocent people in the process.
On a consequentialist account, since lynching the black man will save the
lives of the innocent bystanders and prevent the riot, he ought to be lynched.
Consequentialist moral theory states that any action whatsoever is
morally good if it produces more good consequences than bad. This moral
theory has much prima facie plausibility; generally, we want to do good, and
producing more good than bad seems all the better. What could be so wrong
with that?
But imagine the following scenario: 60% of the world population could
be extremely happy, but at the cost of the abject misery of enslaving the other
40%. Let us further envision that the sum total of happiness in the the 60%
would be increased from 100 units of happiness to 1 trillion units. Prior to the
slavery the 40% had only 500 units of happiness total; after the enslavement
they decrease to 1 unit total. The total result in increased happiness would
certainly be much greater after the slavery than before. So the enslavement of
the 40% would produce more good consequences than bad. Thus, according
to consequentialism, the other 40% ought to be enslaved.2
1 For more on a variation of this example see H.J. McCloskey, “An Examination of
Restricted Utilitarianism,” The Philosophical Review 66, no. 4 (October 1957): 468-473.
See also Patrick Lee, Abortion & Unborn Human Life, 2nd ed. (Washington, D.C.:
Catholic University of America Press, 2010), 145-147.
2 Cf. Lee, Abortion & Unborn Human Life, 144. Related to this enslavement difficulty is
the utility monster objection, first attributed to Robert Nozick in Anarchy, State, and
Utopia (Basic Books, 1974), 41-42. One version of the utility monster is as follows: if
one person could immensely benefit from a ridiculous amount of happiness due to his
special intellectual abilities to receive and enjoy such high levels of goodness, but at the
expense of many others, utilitarian calculus would have to hold there is nothing wrong
with this utility monster so long as the average or total level of happiness across the
If consequences alone can justify lying, so too can just about anything
else be justified. Consequentialism as a moral theory might be able to justify
lying, but its acceptance entails certain unpalatable conclusions. 3 A hardened
defender of consequentialism, however, might bite the bullet and argue that
these seemingly heinous actions aren’t so heinous after all.
populace is greater than if there were no utility monster. Averages are upset and raised
higher if the rate for one is exponentially higher than for the rest (e.g. if Trump’s salary
of over 400 million were calculated with the salaries of 100 middle-class wage earners,
the average salary would raise significantly). See also Julia Driver, Consequentialism
(New York: Routledge, 2012), 79.
3 To get around the objections regarding the lynch mob case and the wholesale
enslavement of a minority some consequentialists have proposed that one ought not to
maximize the total good, but only the average good. But on this account, as Driver says,
“it is wrong [then] to add to a population of fairly happy people additional people who
are only slightly less happy” (Driver, Consequentialism, 3). Further, on the average good
interpretation of consequentialism, it is better to have ten people with a high level of
average happiness at say 50 units than a million people at an average level of say 30 units
of happiness. Finally, enslavement of a minority might be justified if it raised the average
happiness of the total population (Lee, Abortion & Unborn Human Life, 144).
4 Various consequentialists may add further nuances to this proposoition. Some argue
that you always ought to act so as to maximize good consequences; others argue that you
ought to act so as to attain a certain minimal level of good (the average good), etc. My
criticisms of consequentialism’s account of the good apply to all the different variations
of consequentialism.
same: both have the same wavelength of light reflecting off the surface (or
whatever makes silver to be the color silver). The color silver is predicated
univocally of tables, knives, desks, chairs, paint, leaves, etc. but good is not,
because what makes x good depends upon what x is. Since what makes x
good depends upon what x is, this means good varies according to the natures
of which it is predicated.5 So to have good as the standard for determining the
best course of action is like having a yardstick that changes depending upon
the object you are measuring. If the yardstick changes length when you put it
against a table and when you put it against a knife, what you have is a bad
yardstick, a bad rule, a bad measure. This problem plagues all versions of
consequentialism: they presuppose that the good can serve as an inflexible
yardstick when it cannot. One needs a prior standard as to what counts as
good, whether it be wealth, honor, pleasure, virtue, God, etc.
Some consequentialists attempt to identify the good, but run into even
further problems. Jeremy Bentham and John Stuart Mill argued that pleasure
was the standard. But their view failed to account for the fact that pleasure is
only a consequent good.6 Pleasure is not something that exists on its own;
rather, it is dependent upon and follows upon some sort of activity such as
working-out, reading, eating, or having sex. As a result, the types of pleasure
differ radically, depending upon the type of activity one is engaging in. Such
is why Mill concluded that it is only the higher pleasures that we ought to
maximize.7 But even so, merely maximizing the higher pleasures poses
5 Cf. P.T. Geach, “Good and Evil,” Analysis 17, no. 2 (December 1956): 33-42. Also see
Philippa Foot’s Natural Goodness (New York: Oxford University Press, 2001) and Judith
Jarvis Thomson’s Normativity (Peru, Illinois, Open Court Publishing Company/Carus
Publishing Company, 2008), especially Chapter 1.
6 Cf. Aristotle, Nicomachean Ethics X.4.8 1174b31-33. “Pleasure completes the
activity––not, however, as the state [a habit] does, by being present [in the activity], but
as a sort of consequent end, like the bloom on youths” (Nicomachean Ethics, 2nd ed.,
trans. Terrence Irwin (Indianapolis/Cambridge: Hackett Publishing Company, Inc.), 159).
The Greek text is as follows: τελειοῖ δὲ τὴν ἐνέργειαν ἡ ἡδονὴ οὐχ ὡς ἡ ἕξις
ἐνυπάρχουσα, ἀλλ’ ὡς ἐπιγινόμενόν τι τέλος, οἷον τοῖς ἀκμαίοις ἡ ὥρα ((I. Bywater, ed.,
Aristotelis ethica Nicomachea (Oxford: Clarendon Press, 1894 [repr. 1962]): accessed via
Thesaurus Linguae Graecae, February 23, 2017,
http://stephanus.tlg.uci.edu.proxy.bc.edu/Iris/Cite?0086:010:381339.
7 Mill’s view develops in reply to the objection that if pleasure were the standard for
happiness then men ought to act like pigs; cf. Utilitarianism, Chapter 2.
particular difficulties for those who wish to justify lying or bestiality in
difficult cases. Does telling the lie to the Nazi at the door really maximize
higher pleasures? Would committing the bestiality really maximize pleasure
for all involved? Perhaps, but it is difficult to see just how one would go
about arguing it maximizes the higher pleasures, especially if it is very
physically and psychologically painful for the agent to commit the act of
bestiality due to intense emotional revulsion (plus any emotional revulsion
experienced by other witnesses to the scene).
The pleasure view of the good also fails to account for bad pleasures. A
hedonist might take pleasure in all sorts of bad activities like serial killing,
masochism, catamites, bestiality, or necrophilia. 8 One may object that these
involve harm to others. But some of these acts, such as bestiality or
necrophilia, need not involve harm to others. Peter Singer records the story of
a woman at Camp Leakey in Borneo, who was “suddenly seized by a large
male orangutan, his intentions made obvious by his erect penis.” 9 If the
woman consented, took pleasure in the act, and no harm was done to either
party, the bestiality would be morally justified on the hedonistic account. 10
The orangutan evidently wanted to engage in sexual activity with her.
Similarly, necrophilia need not physically harm anyone (imagine it done
hygienically with a condom), and so in some cases the hedonist would have
to say it is morally good. A consequentialist account of pleasure, then, fails to
account for bad pleasures. As a result, such actions count as morally good (at
least in some or many cases) when they are in fact wrong and quite seriously
wrong.
The pleasure account of the good also suffers from the pleasure-
machine objection. Imagine you could plug yourself into a pleasure-inducing
machine for the rest of your life. Once plugged into the machine the
supercomputer feeds you countless intensely pleasing sensations and
stimulates your brain into thinking you are a super-successful, multi-
8 Cf. Plato, Gorgias 494a-495a for a refutation of the view that all pleasure is good.
9 Peter Singer, “Heavy Petting,” Utilitarian.net (originally Published in Nerve
Magazine), 2001, accessed December 7, 2018,
http://www.utilitarian.net/singer/by/2001----.htm.
10 Although Singer isn’t a hedonist, he seems to think bestiality is okay in some cases.
billionaire who is president of the world and can obtain any pleasure he
wants.11 Inside this fake world nothing goes wrong and you always get what
you want. Would you plug yourself in? Most people would say no, because
reality is better even if perhaps less pleasurable. Being plugged into the the
supercomputer for the rest of one’s life seems to entail a less than fully
flourishing human life, even granted the immense pleasure that would
result.12
On Mill’s account of pleasure, it is difficult to see how the machine is
really possible given that one cannot simulate the higher pleasures of
intellectual activity (like philosophizing or cracking a difficult math
problem), unless one is really doing such intellectual activity. Even in a video
game or when plugged into the machine, if one is presented with a math
problem, one is still actually doing a math problem. So on this account it
seems difficult to see how the experience machine really would apply as a
solid objection to a consequentialism based upon the higher pleasures alone.
But presumably it is possible that standing courageously against the
temptation to lie or to commit the bestiality produces higher pleasures both
for yourselves and for those you are hiding (even knowing they will die)
inasmuch as such acts cause rejoicing in the deeds of a hero who stood by his
principles unto death. So based upon this interpretation of the good as
identical with higher intellectual pleasures one ought not to commit the
bestiality or tell the lie.
Due to such difficulties concerning identifying the good with pleasure,
other consequentialists have tried to specify the good as health, wealth,
friendship, autonomy, and/or love.13 As Julia Driver says, the difficulty with
this approach is it seems ad hoc and arbitrary as to just what to put on the list
as the objective standard for the good.14 As she says,
11 A similar, but much less pleasing scenario, can be seen in the 1999 hit movie The
Matrix. With the rise of virtual reality machines, this possiblity looks more real than ever
before.
12 Cf. Robert Nozick who first mentioned this example in Anarchy, State, and Utopia
(Basic Books, 1974), 42-45.
13 Cf. Driver, Consequentialism, 36-37.
14 Cf. Ibid., 36.
The worry about this general approach [of merely listing what the objective
good is] is that…one loses prescriptive force. Apparent counterexamples are
dealt with simply by adding one more thing to the intrinsic value list. A
moral theory should do more than just list what is good. That’s the
difference between cataloguing and theorizing. A theory should systematize
an area in such a way that a deeper understanding is achieved.15
Driver proposes that we can find some basic types of goods that all the others
are reducible to, as a way of shortening the list. 16 But then the problem is how
do we decide non-arbitrarily what counts as these basic goods?
With an arbitrary list of objective goods, you can justify just about any
conclusion, depending upon what goods you wish to put on the list. For
instance, if honesty were the only objective good on the list that ought to be
maximized, then it would seem that lying is always wrong. But if maximizing
the good of human life is all that counts, then lying is not wrong in cases
where it could save lives. Consequentialism won’t do as an adequate
justification for lying, because consequentialism is a false moral theory. Is
there, perhaps, another good reason we can give as to why lying is sometimes
permissible?
15 Ibid., 38.
16 Ibid.
17 ST II-II, Q110, A3, ad 4: “Et ideo non est licitum mendacium dicere ad hoc quod
aliquis alium a quocumque periculo liberet.” ST II-II, Q154, A12, ad 1: “In sins contrary
to nature, whereby the very order of nature is violated, an injury is done to God, the
Author of nature. Hence Augustine says (Confess. iii, 8): “Those foul offenses that are
against nature should be everywhere and at all times detested and punished” (emphasis
added; Et ideo in peccatis contra naturam, in quibus ipse ordo naturae violatur, fit iniuria
ipsi Deo, Ordinatori naturae. Unde Augustinus dicit, III Confess. : Flagitia quae sunt
contra naturam, ubique ac semper detestanda atqua punienda sunt (Sancti Thomae de
Aquino, Summa Theologiae [Rome: Editiones Paulinae, 1962])). In ST II-II, Q154, A11
Aquinas lists bestiality as one of the sins against nature. All further citations from the
morally permissible. In later philosophical terminology such actions became
known as intrinsically evil actions, actions that are always bad regardless of
circumstances.18 Intrinsically evil actions are not necessarily actions that are
heinously evil, or instantiations of pure evil. Pure evil doesn’t exist. Evil is
the absence of a due good and so every evil is always associated with some
good. Nor do all intrinsically evil actions necessarily mean the person who
performs them becomes horribly corrupt. Not all intrinsically bad actions 19
are seriously bad, or seriously grave. Some are merely slightly bad actions,
such as lying to save the Jews.
20 Aquinas held theft is intrinsically evil: ST II-II, Q66, A5; he held the same about
robbery: ST II-II, Q66, A8.
21 By homosexual acts I mean sexual activity between two members of the same-sex, as
in males with males or females with females. Not all persons with homosexual desires
engage in homosexual activity. Nor is it true that no heterosexuals engage in homosexual
acts. Heterosexuals can and historically have engaged in homosexual activity, although
typically less frequently and for different reasons than homosexuals would.
22 Fr. Lawrence Dewan comes to a similar conclusion: “These sorts of abuses of nature
[viz. lying] are analogous to what one finds in the criticism (ibid., q. 154, a. 12) of those
sins of lust which are against nature, but in that latter case the matter is intrinsically
grave” (Lawrence Dewan, “St. Thomas, Lying and Venial Sin,” Thomist: A Speculative
Quarterly Review 61, no. 2 (April 1, 1997): footnote 28). Janet Smith also sees the
similarity in Aquinas’s argumentation against lying and homosexual activity: Janet E.
Smith, “Fig Leaves and Falsehoods, Pace Thomas Aquinas, Sometimes We Need to
Deceive,” First Things, June 2011, accessed October 7, 2014,
http://www.firstthings.com/article/2011/06/fig-leaves-and-falsehoods.
23 ST II-II, Q110, A3; Super Sent. III, D38, Q1, A3; Quodlibet VIII, Q6, A4.
24 SCG III, 122; De Malo Q15, A1.
activity with another man (if you are a man) or with another woman (if you
are a woman).
Why Aquinas?
For much of the rest of this book, we will be focusing on Aquinas’s argument
as to why lying and homosexual acts are always wrong. We will be
neglecting Aquinas’s account of bestiality largely because what he said on it
is minimal, and because his arguments against homosexual activity entail his
condemnation of bestiality. In other words, if homosexual acts are morally
wrong as a misuse of the generative power, even more so are acts of bestiality
morally wrong as a misuse of the generative power.
Further, we have not chosen to focus on Aquinas out of mere historical
interest, nor do we appeal to him as a mere argument from authority. We
have chosen to focus on Aquinas’s argument for two reasons. First, he is the
first philosopher in history to have given a robust philosophical argument
against homosexual activity; that is, he gave an argument with a clear set of
premises and a conclusion. While other philosophers shared his conclusion,
most philosophers prior to him had at least one hidden premise, leaving it
unclear how they arrived at their conclusion. Second, Aquinas’s account
speaks to us today. Whether we like him or not, his philosophy has had an
enduring legacy across the West. No other philosopher has had as many
schools or universities named after him. It is in part due to this enduring
influence that various contemporary philosophers and scholars have brought
Aquinas’s argument to the fore in the debate over homosexuality. This book
endeavors to do the same, but by placing his argument in its context and
putting Aquinas in dialogue with contemporary thought. At times then when I
will be commenting on Aquinas I do not do so with the mere intent of
elucidating what he thought, but rather to see whether what he thought is true
or consistent with what he says elsewhere. To that purpose, we now begin
with an examination of the status of contemporary scholarship relevant to
Aquinas’s thought on these issues.
The State of the Question
Issues pertaining to Aquinas’s view on lying and homosexual acts are of
three general kinds: (1) some object to Aquinas’s conclusions, (2) some
object to Aquinas’s arguments or premises for his conclusions, and (3) even
those who agree with Aquinas cannot agree as to what his argument is, or
they give alternate accounts, which they think better reach Aquinas’s
conclusions. I will discuss each of these issues in turn.
The views of those who object to Aquinas’s conclusion that lying and
homosexual acts are bad can be subdivided into two kinds: (a) those who
hold that Aquinas is just wrong to condemn such acts as bad, and (b) those
who hold that even if such acts are bad, Aquinas cannot possibly be right that
such acts are intrinsically evil.
On homosexual acts most authors who disagree with Aquinas, simply
argue in favor of option (a): Aquinas was wrong to condemn such acts as
morally wrong.25 The arguments such authors advance in favor of their
25 John Corvino, John McNeill, S.J., Gareth Moore, O.P., Andrew Sullivan, Burton
Leiser, Peter Singer, Georges Lenferna, Michael Perry, and Thomas Nagel all argue that
homosexual acts are morally good. Although not all of these authors directly engage
with Aquinas, their arguments for the opposite conclusion entail a rejection of Aquinas
on this issue. See John Corvino, What's Wrong with Homosexuality? (New York: Oxford
University Press, 2013), 126; “Why Shouldn't Tommy and Jim Have Sex?,” in Same Sex
Debating the Ethics, Science, and Culture of Homosexuality, ed. John Corvino (Lanham,
MD: Rowman & Littlefield, 1997), 3-4; John J. McNeill, S.J., The Church and the
Homosexual (New York: Pocket Books, 1976), 106-107, 113-114; Gareth Moore, A
Question of Truth: Christianity and Homosexuality (London: Continuum, 2003), 245-
246; Andrew Sullivan, “Unnatural Law,” The New Republic, March 24, 2003, 23; Burton
M. Leiser, “Homosexuality, Morals, and the Laws of Nature,” accessed October 21,
2014, http://faculty.mc3.edu/barmstro/leiser.html; Peter Singer, “Homosexuality Is Not
Immoral,” Project Syndicate, 2006, accessed October 21, 2014,
http://www.utilitarian.net/singer/by/200610--.htm; Georges A. Lenferna, “Natural Law
Ethics, Homosexuality and Morality,” 2010, MS, Presented at the Postgraduate
Philosophical Association Conference, accessed September 18, 2014,
https://washington.academia.edu/AlexLenferna/Papers; Michael J. Perry, “The Morality
position can be categorized as (i) arguments from moral experience, (ii) from
love, (iii) from good consequences, (iv) from lack of harm, and (v) from
natural law. Gareth Moore and Michael Perry argue that (i) the moral
experience of practicing homosexuals shows that homosexual activity must
be a good action in at least some cases. 26 John McNeill and Burton Leiser
argue (ii) that homosexual acts must be good if they proceed from love. 27
John Corvino argues (iii) from the good consequences that flow from
homosexual acts:
Peter Singer argues (iv) that if both individuals consent and the act harms no
one, then it must be moral: “If a form of sexual activity brings satisfaction to
those who take part in it, and harms no one, what can be immoral about it?” 29
Georges Lenferna goes so far as to argue that (v) it follows from the natural
law. The natural law is about human flourishing. Homosexual activity, at
times, is conducive to human flourishing. Ergo, it is good.30
When it comes to lying, nobody seems seriously to disagree with
Aquinas that lying is wrong (that is that it is wrong in most or many cases),
rather they disagree with Aquinas’s conclusion in a different way. They claim
that even if he is right that such acts are bad, it does not follow that they are
34 Christopher Tollefsen, “Augustine, Aquinas, and the Absolute Norm Against Lying,”
American Catholic Philosophical Quarterly 86, no. 1 (2012): 123; Robert P. George, In
Defense of Natural Law (Oxford: Clarendon Press, 1999), 161, 181, 293; Corvino,
What's Wrong with Homosexuality?, 83-87.
35 Tollefsen, “Augustine, Aquinas, and the Absolute Norm Against Lying,” American
Catholic Philosophical Quarterly 86: 123.
Some philosophers in addition to challenging the first premise, also challenge
Aquinas’s second premise.36 The sexual organs don’t merely have the
education and generation of new life as their natural end. The sexual organs
have other purposes, if any at all. Likewise, Aquinas’s account of the
purposes of speech seems overly restrictive. Speech has other purposes
besides the communication of truth.
Finally, there are those who are sympathetic to Aquinas’s argument and to his
conclusions, but reinterpret what Aquinas is saying and/or provide different
arguments for the same conclusion. In short, these scholars offer competing
accounts as to why lying and homosexual acts are bad.
Christopher Tollefsen and Joseph Boyle are sympathetic with
Aquinas’s views on lying, but they reinterpret his argument. They hold that
his argument against lying is based upon a notion of basic goods.37
John Finnis, Robert George, and Gerard Bradley argue homosexual
activity is wrong because it violates personal integrity by making the body
into an instrument for the conscious self.38 Finnis says,
a mere means/instrument for the conscious self. The body is not merely a pleasure-
inducing machine.
39 John Finnis, “Law, Morality, and ‘Sexual Orientation,’” Notre Dame Law Review 69:5
(1994): 1066-1067.
40 Alexander R. Pruss, One Body: An Essay in Christian Sexual Ethics (Notre Dame:
University of Notre Dame Press, 2013), 367-373.
41 Janet E. Smith, “Thomas Aquinas On Homosexuality,” in Homosexuality and
American Public Life, by Christopher Wolfe (Dallas: Spence Publishing Company,
1999), 129-140.
objections on these issues. At times then we will go beyond Aquinas in order
to arrive at the truth of the matter.