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- Iain Law (1999). Rule-Consequentialism's Dilemma. Ethical Theory and Moral Practice 2 (3):263-276.This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need contain no overarching concern to maximize the good are acknowledged to avoid the original dilemma, but lead to further problems of motivating and justifying RC in the absence of such a concern. The paper argues that Hooker's attempt to deal with these problems by using a 'Reflective Equilibrium plus method is unsuccessful.
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This paper’s first section invokes a relevant meta-ethical principle about what a moral theory needs in order to be plausible and superior to its rivals. In subsequent sections, I try to pinpoint exactly what the demandingness objection has been taken to be. I try to explain how the demandingness objection developed in reaction to impartial act-consequentialism’s requirement of beneficence toward strangers. In zeroing in on the demandingness objection, I distinguish it from other, more or less closely related, objections. In particular, I discuss arguments put forward by Bernard Williams concerning integrity, Samuel Scheffler on prerogatives, and Liam Murphy on fairness. The final part of the paper acknowledges some ways in which vagueness bedevils my own rule-consequentialism’s rules about doing good and preventing disasters.
The basic idea of rule-utilitarianism is that right action should be defined in terms of what would be required by rules which would maximize either actual or expected utility if those rules gained general acceptance, or perhaps general compliance. Rule-utilitarians face a dilemma. They must characterize 'general acceptance' either as 100% acceptance, or as something less. On the first horn of the dilemma, rule-utilitarianism in vulnerable to the charge of utopianism; on the second, it is open to the charge of arbitrariness and lack of philosophical depth. I press this objection, and develop and defend an alternative version of rule-utilitarianism which can evade the dilemma. I call this new version 'variable-rate rule-utilitarianism'.
The basic idea of rule-utilitarianism is that right action should be defined in terms of what would be required by rules which would maximize either actual or expected utility if those rules gained general acceptance, or perhaps general compliance. Rule-utilitarians face a dilemma. They must characterize 'general acceptance' either as 100% acceptance, or as something less. On the first horn of the dilemma, rule-utilitarianism in vulnerable to the charge of utopianism; on the second, it is open to the charge of arbitrariness and lack of philosophical depth. I press this objection, and develop and defend an alternative version of rule-utilitarianism which can evade the dilemma. I call this new version 'variable-rate rule-utilitarianism'.
Frank Jackson has put forward a famous thought experiment of a physician who has to decide on the correct treatment for her patient. Subjective consequentialism tells the physician to do what intuitively seems to be the right action, whereas objective consequentialism fails to guide the physician’s action. I suppose that objective consequentialists want to supplement their theory so that it guides the physician’s action towards what intuitively seems to be the right treatment. Since this treatment is wrong according to objective consequentialism, objective consequentialists have to license it without calling it right. I consider eight strategies to spell out the idea of licensing the intuitively right treatment and argue that objective consequentialism is on the horns of what I call the licensing dilemma : Either the physician’s action is not guided towards the intuitively right treatment. Or the guidance towards the intuitively right treatment is ad hoc in some respect or the other.
Consequentialism is often charged with being self-defeating, for if a person attempts to apply it, she may quite predictably produce worse outcomes than if she applied some other moral theory. Many consequentialists have replied that this criticism rests on a false assumption, confusing consequentialism’s criterion of the rightness of an act with its position on decision procedures. Consequentialism, on this view, does not dictate that we should be always calculating which of the available acts leads to the most good, but instead advises us to decide what to do in whichever manner it is that will lead to the best outcome. Whilst it is typically afforded only a small note in any text on consequentialism, this reply has deep implications for the practical application of consequentialism, perhaps entailing that a consequentialist should eschew calculation altogether.
What are the appropriate criteria for assessing a theory of morality? In this enlightening work, Brad Hooker begins by answering this question. He then argues for a rule-consequentialist theory which, in part, asserts that acts should be assessed morally in terms of impartially justified rules. In the end, he considers the implications of rule-consequentialism for several current controversies in practical ethics, making this clearly written, engaging book the best overall statement of this approach to ethics.
The popularity of rule-consequentialism among philosophers has waxed and waned. Waned, mostly; at least lately. The idea that the morality that ought to claim allegiance is the ideal code of rules whose acceptance by everybody would bring about best consequences became the object of careful analysis about half a century ago, in the writings of J. J. C. Smart, John Rawls, David Lyons, Richard Brandt, Richard Hare, and others.1 They considered utilitarian versions of rule consequentialism but discovered flaws in the view that attach to the wider consequentialist doctrine. In the eyes of many, the flaws were decisive. Brad Hooker has produced brilliant work that unsettles this complacent consensus.2 Over a period of several years he has produced a sustained and powerful defense of a version of rule consequentialism that does not obviously succumb to the criticisms that have been thought to render this doctrine a nonstarter. He acknowledges intellectual debts to Richard Brandt. But Hooker avoid certain excrescences in Brandt’s efforts to conceive of morality as an ideal code of rules. Most notably, Hooker eschews Brandt’s misguided attempt to derive some version of rule utilitarianism from an underlying commitment to some form of contractualism. Moreover, Hooker has worked to articulate a version of rule consequentialism in sufficient detail that one can see how the different parts of the doctrine hang together and how the best version of the..
Rule-consequentialists tend to argue for their normative theory by claiming that their view matches our moral convictions just as well as a pluralist set of Rossian duties. As an additional advantage, rule-consequentialism offers a unifying justification for these duties. I challenge the first part of the ruleconsequentialist argument and show that Rossian duties match our moral convictions better than the rule-consequentialist principles. I ask the rule-consequentialists a simple question. In the case that circumstances change, is the wrongness of acts determined by the ideal principles for the earlier circumstances or by the ideal ones for the new circumstances? I argue that whichever answer the rule-consequentialists give the view leads to normative conclusions that conflict with our moral intuitions. Because some set of Rossian duties can avoid similar problems, rule-consequentialism fails in the reflective equilibrium test advocated by the rule-consequentialists.
The thesis of this paper is that consequentialism does not work as a comprehensive theory of right action. This paper does not offer a typical refutation, in that I do not claim that consequentialism is self-contradictory. One can with perfect consistency claim that the good is prior to the right and that the right consists in maximizing the good. What I claim, however, is that it is senseless to make such a claim. In particular, I attempt to show that the notion of what course of action maximizes the good has no content within a consequentialist framework. Since the problem that I identify rests with maximization, this refutation does not cut across the act/rule distinction. If rule consequentialism holds that there are occasions on which one should follow a rule rather than violate the rule in an optimific way, then it is not maximizing and my arguments do not apply; if not, then it collapses into act consequentialism. I have nothing to say about nonmaximizing forms of consequentialism.1 This refutation does, however, cut across the direct/indirect distinction.2 It makes no difference whether we take consequentialism as offering a principle of decision, or a standard of right. Presumably the former would be parasitic upon the latter for its legitimacy.
We best understand Rule Consequentialism as a theory of pattern-based reasons, since it claims that we have reasons to perform some action because of the goodness of the pattern consisting of widespread performance of the same type of action in the same type of circumstances. Plausible forms of Rule Consequentialism are also pluralist, in the sense that, alongside pattern-based reasons, they recognise ordinary act-based reasons, based on the goodness of individual actions. However, Rule Consequentialist theories are distinguished from other pluralist theories of pattern-based reasons by implausible claims about the relative importance of act-based and pattern-based reasons in different cases. Rule Consequentialists should give up these claims. They should either embrace some other pluralist pattern-based view, or reject pattern-based reasons altogether. Note, though, that these arguments apply only to compliance-based, rather than acceptance-based, versions of Rule Consequentialism. This suggests that these two kinds of theory are more different from each other than we might previously have realised.
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