Foresight and Responsibility

Abstract

Where a man foresaw that through its consequences his action would violate a law, is he for that reason to be judged responsible for the violation of the law? The principle that such a man is responsible, and thus that foresight is sufficient for responsibility, has long been accepted in both legal and moral theory. But in recent years anxieties about this principle have been expressed by both philosophers and lawyers. What one commonly finds in older books, both legal and ethical, is the thesis that foresight is proof of intention. Given that intention is sufficient for responsibility, this thesis has as consequence the principle that foresight is sufficient for responsibility, but it is only required by that principle if one wants to keep the view that intention is also necessary for responsibility in all cases where negligence is not involved. Miss Anscombe (op. cit., note i) made the extraordinary suggestion that this thesis that foresight is proof of intention originates with Sidgwick, and she took him severely to task on this account; indeed, she even implied that Sidgwick's introduction of this thesis is the source of the shallowness of ‘modern’ moral philosophy. While it is true that Sidgwick did endorse this thesis, in a somewhat qualified manner, he was only following an established tradition of utilitarian thought to which the thesis belongs (not because it is specifically utilitarian in content but because the utilitarians Bentham and Austin were among the first writers to try to articulate clearly the principles of responsibility). Thus this thesis occurs in John Austin's 1828 lectures on Jurisprudence (lecture XIX) and the best early discussion of it is to be found in Bentham's Introduction to the Principles of Morals and Legislation (Chs. VIII, IX). Bentham, it is true, introduces a distinction between ‘directly intentional consequences’ and ‘obliquely intentional consequences’ which we might describe as a distinction between consequences that are intended and those that are foreseen but not intended. But for Bentham, foresight is proof of intention, and thus for him obliquely intentional consequences are intended: ‘Advisedness with respect to the circumstances, if clear from the mis-supposal of any preventive circumstance, extends the intentionality from the act to its consequences’ (Ch. IX, 10).