Act- and Rule-Consequentalism

In the moral realm, our deontic judgments are usually (always?) binary. An act (or omission) is either morally forbidden or morally permissible. 1 Yet the determination of an act's deontic status frequently turns on the existence of properties that are matters of degree. In what follows I shall give several examples of binary moral judgments that turn on scalar properties, and I shall claim that these examples should puzzle us. How can the existence of a property to a specific degree (...) demarcate a boundary between an act's being morally forbidden and its not being morally forbidden? Why aren't our moral judgments of acts scalar in the way that the properties on which those judgments are based are scalar, so that acts, like states of affairs, can be morally better or worse rather than right or wrong? I conceive of this inquiry as operating primarily within the realm of normative theory. Presumably it will give aid and comfort to consequentialists, who have no trouble mapping their binary categories onto scalar properties. For example, a straightforward act utilitarian, for whom one act out of all possible acts is morally required (and hence permissible) and all others morally forbidden, can, in theory at least, provide an answer to every one of the puzzles I raise. And, in theory, so can all other types of act and rule consequentialists. They will find nothing of interest here beyond embarrassment for their deontological adversaries. The deontologists, however, must meet the challenges of these puzzles. And for them, the puzzles may raise not just normative questions, but questions of moral epistemology and moral ontology. Just how do we know that the act consequentialist's way of, say, trading off lives against lives is wrong? For example, do we merely intuit that taking one innocent, uninvolved person's life to save two others is wrong? Can our method of reflective equilibrium work if we have no theory by which to rationalize our intuitions? And what things in the world make it true, if it is true, that one may not make the act consequentialist's tradeoff? I do not provide any answers to these questions any more than I provide answers to the normative ones. But they surely lurk in the background. (shrink)

How can legal norms be morally evaluated? In this paper we discuss and defend consequentialism about legal norms. According to this doctrine, the legitimacy of legal norms depends entirely on the consequences of the norms’ validity. Consequentialism about legal norms shares the advantages of both act- and rule-consequentialism while avoiding the respective disadvantages. In particular, consequentialism about legal norms has prima-facie plausibility like act-consequentialism and for similar reasons: it qualifies as a version of collective act-consequentialism. At the same time, the (...) implications of consequentialism about legal norms cohere with common-sense morality because, like rule-consequentialism, consequentialism about legal norms takes into account the motivational limits of human agents. (shrink)

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.. (shrink)

A rule- utilitarian appraisal of criminal law requires that the total system, including punishments, is justified only if it will expectably maximize public benefit, including its stigmatizing some behaviors as "offenses" and its prescribed punishment of these, such as imprisonment, with (possible) deterrent effects. In view of the paucity of evidence about the deterrent effect of prison sentences, some changes seem to be in order: reduction in the length of incarceration, replacement of prison by fines or restrictions on the convicted (...) such as house arrest for many hours of a day, intensive supervision, required community service (say thirty hours in place of a month in prison), enrollment in a drug program or therapy in the case of sex offenses, and so on. An evaluation of such proposals should be based on statistics and the psychology of criminal behavior. (shrink)

Rule-consequentialism is frequently regarded as problematic since it faces the following powerful dilemma: either rule-consequentialism collapses into act-consequentialism or rule-consequentialism is inconsistent. Recent defenders of this theory such as Brad Hooker provide a careful response to this objection. By explicating the nature and theoretical commitments of rule-consequentialism, I contend that these maneuvers are not successful by offering a new way of viewing the dilemma which retains its force even in light of these recent discussions. The central idea is that even (...) the most well-developed contemporary form of the view is ensnared in the following dilemma: as an agent-neutral consequentialist theory, rule-consequentialism is either inconsistent or it is desperately unmotivated as a form of consequentialism since it is committed to a non-consequentialist form of ultimate moral value. (shrink)

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It is commonly claimed that rule consequentialism collapses into act consequentialism, because sometimes there are benefits from breaking the rules. I suggest this argument is less powerful than has been believed. The argument requires a commitment to a very particular account of feasibility and constraints. It requires the presupposition that thinking of rules as the relevant constraint is incorrect. Supposedly we should look at a smaller unit of choice—the single act—as the relevant choice variable. But once we see feasibility as (...) a matter of degree, there is no obvious cut-off point for how broadly we should think about the constraints on our choices. Treating “a bundle of choices” as a relevant free variable is no less defensible than treating “a single act” as the relevant free variable. Rule utilitarianism, rule consequentialism, and other rules-based approaches are stronger than their current reputation. (shrink)

Kantian moral theories must explain how their most basic moral values of dignity and autonomy should be interpreted and applied to human conditions. One place Kantians should look for inspiration is, surprisingly, the utilitarian tradition and its emphasis on generally accepted, informally enforced, publicly known moral rules of the sort that help us give assurances, coordinate our behavior, and overcome weak wills. Kantians have tended to ignore utilitarian discussions of such rules mostly because they regard basic moral principles as a (...) priori requirements that cannot be tailored to human foibles and limitations. I argue that Kantian moral theories should incorporate public moral rules as mid-level moral requirements for embodied and socially embedded human agents. I explain how certain specific moral judgments about how we ought to act are justified by public moral rules, which are themselves justified by more fundamental moral requirements. (shrink)

A classic objection to act-consequentialism is that it is overdemanding: it requires agents to bear too many costs for the sake of promoting the impersonal good. I develop the complementary objection that act-consequentialism is underdemanding: it fails to acknowledge that agents have moral reasons to bear certain costs themselves, even when it would be impersonally better for others to bear these costs.

A book chapter (about 7,000 words, plus references) on the interpretation of Mill’s criterion of right and wrong, with particular attention to act utilitarianism, rule utilitarianism, and sanction utilitarianism. Along the way, major topics include Mill’s thoughts on liberalism, supererogation, the connection between wrongness and punishment, and breaking rules when doing so will produce more happiness than complying with them will.

Just about any proponent of a rule-based theory of morality must eventually confront the question of how to resolve confl icts among the rules that the theory endorses. Is there a priority rule specifying which rules must yield to which, as in Rawls’s lexical ordering of the fi rst principle of his theory of justice over the second?3 Must the agent intuitively bal-.

Motilal Shastri developed an ethical theory which closely resembles rule utilitarianism at roughly the same time as and yet in complete independence of English-speaking philosophers. The philosophic significance of his view lies in the manner in which he develops and justifies his position. Shastri contends that efficiency in action requires indifference or inattention to ends. He appears to use the same device for justifying rule-governed duties that Mill uses to justify a move from egoism to altruism: that actions first viewed (...) as means may later become ends in themselves. However, in Shastri’s theory, ends appear to be retained as unconscious motives. (shrink)

Utilitarianism and the Concept of Social Utility In this paper I propose to discuss the concepts of equality and justice from a rule utilitarian point of view, after some comments on the rule utilitarian point of view itself. Let me start with the standard definitions. Act utilitarianism is the theory that a morally right action is one that in the existing situation will produce the highest expected social utility. In contrast, rule utilitarianism is the theory that a morally right action (...) is simply an action conforming to the correct moral rule applicable to the existing situation. The correct moral rule itself is that particular behavioral rule that would yield the highest expected social utility if it were followed by all morally motivated people in all similar situations. (shrink)

The purpose of this paper is to show how some of the controversial questions concerning utilitarianism can be clarified by the modelling techniques and the other analytical tools of decision theory (and, sometimes, of game theory). It is suggested that the moral rules of utilitarian ethics have a logical status similar to that of the normative rules (theorems) of such formal normative disciplines as decision theory and game theory.The paper argues that social utility should be defined, not in hedonistic or (...) in ideal-utilitarian terms, but rather in terms of individual preferences, in accordance with the author's equiprobability model of moral value judgments. (shrink)

The duty to keep promises has many aspects associated with deontological moral theories. The duty to keep promises is non-welfarist, in that the obligation to keep a promise need not be conditional on there being a net benefit from keeping the promise—indeed need not be conditional on there being at least someone who would benefit from its being kept. The duty to keep promises is more closely connected to autonomy than directly to welfare: agents have moral powers to give themselves (...) certain obligations to others. And these moral powers, which enable promisors to create agent- relative obligations to promisees, correlate with rights the promisees acquire in the process, such as rights to waive the duty or insist on its performance. As a result of promises, promisees acquire (not only rights but also) a special status: the promisees are the ones wronged when promises to them that they have not waived are not kept. One more aspect of the duty to keep promises that is associated with deontological moral theories is that what actions the duty requires is at least partly backward-looking: what actions the duty requires depends on facts about the past, namely facts about what promises were made and then waived or not. This paper surveys these aspects of the duty to keep promises and then explores whether rule-consequentialism can be reconciled with them. (shrink)

Derek Parfit’s On What Matters endorses Kantian Contractualism, the normative theory that everyone ought to follow the rules that everyone could rationally will that everyone accept. This paper explores Parfit’s argument that Kantian Contractualism converges with Rule Consequentialism. A pivotal concept in Parfit’s argument is the concept of impartiality, which he seems to equate agent-neutrality. This paper argues that equating impartiality and agent-neutrality is insufficient, since some agent-neutral considerations are silly and some are not impartial. Perhaps more importantly, there is (...) little realistic prospect of Kantian Contractualism converging with Rule Consequentialism unless the same impartial reasons drive rule selection in the two theories. (shrink)

Rule-consequentialism has been accused of either collapsing into act-consequentialism or being internally inconsistent. I have tried to develop a form of rule-consequentialism without these flaws. In this June's issue of Utilitas, Robert Card argued that I have failed. Here I assess his arguments.