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DavesNotHere's avatar

Perhaps the issue becomes clearer when we consider what recourse the victims of the bad act have or should have.

Ordinarily, when people do a bad act, if it is considered criminal, they are prosecuted and sent to jail or must pay a fine. This is considered in some sense restitution. If someone commits a crime, it seems possible that having them perform a beneficial act rather than going to jail or paying a fine might be preferable to all parties. If all parties, including the victims, agreed to this, why should anyone else object?

And certainly, in the case where a good act and a bad act are both committed, the presence of the good act does not prevent prosecution or lawsuit as a result of the bad act. The fact that the act is considered “permissible“ or “not permissible“ should not affect the recourse available to the victims. They have a dispute with the person who committed the bad act, and the presence of the good act is only relevant if the victims themselves decide not to prosecute or sue, or ask the arbitrator for some degree of leniency.

The beneficiaries of the good act could help the perpetrator to pay for the fines or legal fees associated with the bad act. Of course, this seems difficult to organize and so unlikely to happen unless the beneficiaries are very clearly identifiable and motivated.

“Permissibility” can appear to have to do with some abstract moral principle that is supposed to apply to everyone whether they consent or not. But consent is (or should be) implicit in the concept. We could argue about whether there are a very few or absolutely no acts which cannot be permissible, given the consent of everyone concerned. But in any case, consent is profoundly relevant.

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Dana's avatar

Dustin Crummett and Rebecca Chan have a paper on this exact puzzle, coming to somewhat similar conclusions IIRC: https://philpapers.org/rec/CHAMIW

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