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- Holly Smith, Measuring the Consequences of Rules.Rule utilitarianism has recently enjoyed a resurgence of interest triggered by Brad Hooker’s sophisticated treatment in Ideal Code, Real World.1 An intriguing new debate has now broken out about how best to formulate rule utilitarianism – whether to evaluate candidate moral codes in terms of the value of their consequences at a fixed rate (such as 90%) of social acceptance (as Hooker contends), or to evaluate codes in terms of the value of their consequences throughout the entire range of possible acceptance rates (as Hooker’s opponent Ridge contends).2 I shall argue that both Hooker’s fixed-rate ruleutilitarianism and Ridge’s variable-rate rule-utilitarianism, suitably interpreted and revised, survive the criticisms that each theorist lodges against the other. But I shall use the insights gained through this examination to argue that both these forms of rule utilitarianism, arguably the best available, fall prey to two fatal problems that have gone unnoticed in these debates, or indeed in most debates about rule utilitarianism. The weaknesses I describe in Hooker and Ridge’s forms of rule utilitarianism threaten to undermine all versions of rule utilitarianism, not just the nuanced versions developed by Hooker and Ridge.
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The ‘publicity requirement on moral rules’ refers to the idea that moral rules must be suitable for public acknowledgement and acceptance. The idea is that moral rules must be suitable for being ‘widely known and explicitly recognized’, suitable for teaching as part of moral education, suitable for guiding behaviour and reactions to behaviour, and thus suitable for justifying one’s behaviour to others. The publicity requirement is now most often associated with John Rawls, who traces it back through Kurt Baier to Kant.1 Ideal Code, Real World, my book defending rule-consequentialism, accepted the publicity requirement.2 In this issue of Ratio, Katarzyna de Lazari-Radek and Peter Singer attack the publicity requirement.3 Here is my reply. Is moral rightness is a matter of the application of principles or rules that must be suitable for public acceptance? No, answered Henry Sidgwick, holding that perhaps the principles that determine moral right and wrong should be kept secret, because publicizing these principles would not maximize utility.4 Since I think that forms of consequentialism that are not purely utilitarian may be more plausible than forms that are purely utilitarian, let me make the point in terms of consequentialism instead of utilitarianism. The standard form of act-consequentialism is maximizing and ‘global’, i.e., direct about everything.5 This act-consequentialism includes, among the acts to be evaluated by their consequences, instances of espousing principles, teaching morality, blaming, feeling indignation, feeling guilt, and punishing. According to this form of act-consequentialism, an act that maximizes good consequences might be one that others should blame and even punish, since blaming and punishing the agent of the good-maximizing act might also for some reason maximize good consequences. Likewise, on this standard form of actconsequentialism, it may be right to do what it would be right neither to advocate openly nor even to recommend privately..
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The central thesis of Derek Parfit's On What Matters is that three of the most important secular moral traditions – Kantianism, contractualism, and consequentialism – all actually converge in a way onto the same view. It is in this sense that he suggests that we may all be 'climbing the same mountain, but from different sides'. In this paper, I argue that Parfit's argument that we are all metaphorically climbing the same mountain is unsound. One reason his argument does not work is that he has misunderstood the way in which a plausible rule-consequentialism should understand the supervenience of rightness on all possible acceptance levels of the ideal moral code. In place of Parfit's own understanding of this, I develop a view I call 'variable-rate rule-utilitarianism', which I argue shares the key insight of Parfit's view but avoids a fatal objection to his own articulation of that insight. Finally, I explore how this modification might allow us to still make a case that we are all 'climbing the same mountain', albeit in a very different way and for very different reasons than the ones Parfit had in mind.
This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of "rule" utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. The author opposes the currently more fashionable view that it is always right for the individual to do that which produces the most good. Among the salient topics covered are: an account of the utilitarian function in society of generally accepted moral rules; a discussion of how we interpret existing moral rules and create new ones; and a defense of "rule" utilitarianism against the charge that it either commits one to irrational rule worship, or collapses into a form of "act" utilitarianism.
The theory of morality we can call full rule-consequentialism selects rules solely in terms of the goodness of their consequences and then claims that these rules determine which kinds of acts are morally wrong. George Berkeley was arguably the first rule-consequentialist. He wrote, “In framing the general laws of nature, it is granted we must be entirely guided by the public good of mankind, but not in the ordinary moral actions of our lives. … The rule is framed with respect to the good of mankind; but our practice must be always shaped immediately by the rule.” (Berkeley 1712, section 31) Writers often classed as rule-consequentialists include Austin 1832; Harrod 1936; Toulmin 1950; Urmson 1953; Harrison 1953; Mabbott 1953; Singer 1955; 1961; and most prominently Brandt 1959; 1963; 1967; 1979; 1989; 1996; and Harsanyi 1977; 1982; 1993. See also Rawls 1955; Hospers 1972; Haslett 1987; 1994, ch. 1; 2000; Attfield 1987, 103-12; Barrow 1991, ch. 6; Johnson 1991; Riley 1998; 2000; Shaw 1999; and Hooker 2000. Whether J. S. Mill's ethics was rule-consequentialist is controversial (Urmson 1953; Crisp 1997, 102-33).
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-utilitarianism, in spite of its considerable attractions, is a theory in need of a plausible and precise formulation. The basic idea behind rule-utilitarianism is that right action should be defined in terms of what would be required by rules which would maximise either actual or expected utility if those rules gained general acceptance or (on some versions of the theory) general compliance. Rule-utilitarians differ over whether acceptance or compliance is the key notion (see Hooker 2000: 75-80) and also over whether the theory should be couched in terms of actual or expected utility. I shall here officially remain neutral on these difficult questions, as the main arguments here go through equally well on either interpretation, assuming that both versions of the theory are otherwise defensible, anyway (see below). However, partly for ease of exposition and partly because I consider it to be the more plausible view, I shall frame my discussion in terms of acceptance and expected utility.
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'.
Fixed-rate versions of rule-consequentialism and rule-utilitarianism evaluate rules in terms of the expected net value of one particular level of social acceptance, but one far enough below 100% social acceptance to make salient the complexities created by partial compliance. Variable-rate versions of rule-consequentialism and rule-utilitarianism instead evaluate rules in terms of their expected net value at all different levels of social acceptance. Brad Hooker has advocated a fixed-rate version. Michael Ridge has argued that the variable-rate version is better. The debate continues here. Of particular interest is the difference between the implications of Hooker's and Ridge's rules about doing good for others.
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