 In light of this objection, someone might propose a different account: Suppose an agent uses another. She uses him merely as a means if something she has done or is doing to the other renders him unable to consent to her using him. Of course, although the collapsed jogger has no opportunity to consent to the passerby’s giving him CPR, the passerby has not put him in that position. So this account avoids the unwelcome implication that the passerby treats the collapsed jogger merely as a means.