 The proposal thus retains intuitions (1) and (2) but argues that the condition set forth in intuition (2) – that the existence is unavoidably flawed – has not been satisfied for that class of nonidentity cases. And it retains intuition (3) for that same class of cases while rejecting (3) for those cases in which the existence truly is unavoidably flawed (and arguing that, for that class of cases, the claim that the act under scrutiny is permissible is perfectly plausible). 