Objections to Deontological Moral Theories

The article explores one prominent account of what makes discrimination morally bad (when it is) – the disrespect-based account. The article first reviews and clarifies the account, arguing that it is most charitably understood as the claim that discrimination is morally bad when the discriminator gives lower weight to reasons grounded in the moral status of the discriminatee(s) in her decision-making. It then presents three challenges to the account, and reviews a recent argument in defense of it. The first challenge (...) is the fact that intuitions that might support the disrespect-based account can also be explained by reference to the fact that disrespect reflects poorly on the moral character of the discriminator. The second challenge is that there are cases where disrespectful discrimination is not intuitively worse than non-disrespectful discrimination. The third challenge is that the disrespect-based account has difficulties explaining our intuitions about cases of “doing right for the wrong reasons”. Finally, pace a recent argument in its defense, cases of harmless and apparently morally bad discrimination are plausibly best explained by other factors than disrespect. In the light of this analysis, the article concludes that the disrespect-based account should be abandoned. (shrink)

One’s constitution—whether one is generous or miserly, temperate or intemperate, kind or mean, etc.—is beyond one’s control in significant respects. Yet one’s constitution affects how one acts. And how one acts affects one’s moral standing. The counterintuitive inference—the so-called problem of constitutive moral luck—is that one’s moral standing is, to some significant extent, beyond one’s control. This article grants the premises but resists the inference. It argues that one’s constitution should have no net impact on one’s moral standing. While a (...) bad constitution lowers the chance that one will act morally, it offers significant gains to moral standing should that chance materialize. A good constitution increases one’s chance of performing good acts but for correspondingly more modest gains. This effect should smooth out, and possibly eliminate, the expected impact of constitution on moral standing. (shrink)

Secular arguments for equal and exclusively human worth generally tend to follow one of two strategies. One, which has recently gained renewed attention because of a novel argument by S. Matthew Liao, aims to directly ground worth in an intrinsic property that all humans have in common, whereas the other concedes that there is no morally relevant intrinsic difference between all humans and all other animals, and instead appeals to the membership of all humans in a special kind. In this (...) article, I argue that both strategies necessitate drawing a line that is both arbitrary and implausibly opens a moral gulf between individuals whose difference from one another in terms of empirical reality is entirely unremarkable, providing reasons to reject them that go beyond the standard objections in the literature. I conclude that, if all humans are to be included in the community of equals, we must lay to rest the idea that we can do so without also including a wide range of non-human animals. (shrink)

Studies suggest that people's moral intuitions are sensitive to morally irrelevant factors, such as personal force, spatial distance, ethnicity or nationality. Findings of this sort have been used to construct debunking arguments. The most prominent champion of this approach is Joshua Greene, who has attempted to undermine deontology by showing that deontological intuitions are triggered by morally irrelevant factors. This article offers a critical analysis of such empirically informed debunking arguments from moral irrelevance, and of Greene’s effort to undermine deontology. (...) One problem with arguments from moral irrelevance concerns the hierarchy between the targeted case-specific intuitions and the more general intuitions about which factors are morally (ir)relevant. If we assume that general intuitions always take precedence over case-specific intuitions, arguments from moral irrelevance become dialectically useless. By contrast, if we assume that both case-specific and general intuitions should be taken seriously, particularly sweeping debunking projects, such as Greene’s, are unlikely to go through. Another problem concerns the experimental aspect of arguments from moral irrelevance. Empirically informed arguments from moral irrelevance have been presented as examples of how empirical moral psychology can advance moral theory. But arguments from moral irrelevance can also be constructed from the armchair. And basing these arguments on empirical findings about laypeople’s intuitions is even counterproductive. (shrink)

Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.

This book provides an entry-level introduction to philosophical ethics, theories of moral reasoning, and selected issues in applied ethics. Chapter 1 describes the importance of philosophical approaches to ethical issues, the general dialectical form of moral reasoning, and the broad landscape of moral philosophy. Chapter 2 presents egoism and relativism as challenges to the presumed objectivity and unconditionality of morality. Chapters 3, 4 and 5 discuss utilitarianism, deontology, and virtue ethics, respectively. Each chapter begins with a general overview of the (...) characteristic theory of value and moral reasoning and proceeds to present a more refined account based on a prominent historical source (Mill, Kant, and Aristotle, respectively). It then discusses strengths and weaknesses of the theory from a contemporary perspective, including more recent developments, defenses, and critiques. Each chapter includes an appendix in which secondary, less prominent, or more complex issues are discussed. Chapters 6-9 address in detail a prominent area of applied ethics: 6. abortion, 7. assisted dying, 8. Biotechnology, 9. Animals and eating. Each of these chapters presents an introduction to the topic, including definitions, historical and contemporary developments and contexts, etc.; the various questions and issues involved; and an application of each theory from multiple points of view. Each chapter also includes a set of primary readings along with an extensive bibliography. Chapter 10 discusses four more areas of applied ethics: War, Torture, and Terrorism; Capital Punishment; Environmental Ethics; and Same-Sex Marriage. The treatment of these topics focuses mainly on the introductory material. While there is some discussion of the various ethical arguments, it is less comprehensive or detailed compared to other chapters. However, several primary resources are listed to supplement the discussion in the textbook. (shrink)

A subject’s ethical agency is closely tied up with her particular commitments: her ethnic group, her family, her beliefs, her occupation. The question of how these specific commitments relate to the subject’s actions is therefore pivotal to describing moral agency. Christine Korsgaard has proposed a theory whereby a subject’s commitments are an essential part of her moral agency, namely her practical identity. According to this theory, having commitments is normative, a necessary component of an agent’s respect for her own humanity. (...) Obligation to other humans is an essential part of our practical identity, and our unavoidable responsiveness to the call of other humans assures that we will feel our obligation to them. I argue that explaining practical identity as necessary to ethical agency begins to describe the role of commitments in our agency, but that this description must go further to address the real import of commitments in ethical life. (shrink)

Christine Korsgaard attempts to reinterpret Kantian ethics in a way that might alleviate Bernard Williams’ famous worry that a man cannot save his drowning wife without determining impartially that he may do so. She does this by dividing a reflective self that chooses the commitments that make up an agent’s practical identity from a self defined as a jumble of desires. An agent, she then argues, must act on the commitments chosen by the reflective self on pain of disintegration. Using (...) Harry Frankfurt’s emphasis on love as a final end, I argue that disintegration as motivation is not a more acceptable motivation than impartiality and so does not adequately address Williams’ criticism. I also argue that the idea of a divided self either leads to an infinite regress or to an implausible description of how our commitments evolve and change. To make this last claim, I discuss a case from John Updike’s novel 'In the Beauty of the Lilies.'. (shrink)

It is impermissible to violate a constraint, even if by doing so a greater number of violations of the very same constraint were to be prevented. Most find this puzzling. But what makes the impermissibility of such minimizing violations puzzling? This article discusses some recent answers to this question. The article's first aim is to make clear in what way these answers differ. The second aim is to evaluate the answers, along with Kamm's and Nagel's proposed solutions of what they (...) see as the puzzle of constraints. The main thesis of the article is this: because defenders of constraints are not committed to any conception of valuable states of affairs, constraints do not conflict with maximizing rationality; but neither can they be accounted for in terms of impersonal values. (shrink)

In his paper, “Should the Numbers Count?" John Taurek imagines that we are in a position such that we can either save a group of five people, or we can save one individual, David. We cannot save David and the five. This is because they each require a life-saving drug. However, David needs all of the drug if he is to survive, while the other five need only a fifth each.Typically, people have argued as if there was a choice to (...) be made: either numbers matter, in which case we should save the greater number, or numbers don't matter, but rather there is moral value in giving each person an equal chance of survival, and therefore we should toss a coin. My claim is that we do not have to make a choice in this way. Rather, numbers do matter, but it doesn't follow that we should always save the greater number. And likewise, there is moral value in giving each person an equal chance of survival, but it doesn't follow that we should always toss a coin. (shrink)

The doctrine (or principle) of double effect is often invoked to explain the permissibility of an action that causes a serious harm, such as the death of a human being, as a side effect of promoting some good end. According to the principle of double effect, sometimes it is permissible to cause a harm as a side effect (or “double effect”) of bringing about a good result even though it would not be permissible to cause such a harm as a (...) means to bringing about the same good end. Does the principle of double effect play the important explanatory role that has been claimed for it? To consider this question, one must be careful to clarify just what the principle is supposed to explain. Three misinterpretations of the principle’s force or range of application are common. 1. To ensure that Double Effect is not misunderstood as principle issuing a blanket permission on causing any unintended harm that yields a benefit, applications must require that the agent seek to minimize the harm involved. 2. Since it is widely accepted that it is wrong to aim to produce harm to someone as an end, to rule this out is not part of double effect’s distinctive content. 3. Harms that were produced regretfully and only for the sake of producing a good end may be prohibited by double effect because they were brought about as part of the agent’s means to realizing the good end. (shrink)

Frances Kamm's aptly titled Intricate Ethics is a tour de force of what Peter Unger calls the ‘preservationist’ approach to ethical theory. Here is some of what she says about her methodology: Consider as many case-based judgments of yours as prove necessary. Do not ignore some case-based judgments, assuming they are errors, just because they conflict with simple or intuitively plausible principles that account for some subset of your case-based judgments. Work on the assumption that a different principle can account (...) for all of the judgments. Be prepared to be surprised at what this principle is . . . . I say, consider your case-based judgments, rather than a survey of everyone's judgments. This is because I believe that much more is accomplished when one person considers her judgments and then tries to analyze and justify their grounds than if we do mere surveys. (shrink)

This thesis develops a deeper understanding of and provides an answer to the paradox of deontology. Traditional deontological views include deontic constraints that prohibit us from harming innocent people even to prevent greater harms of the same type. Although constraints correspond to widely shared moral intuitions, they seem to make traditional deontology unavoidably paradoxical: for how can it ever be morally wrong to minimise morally objectionable harm? The thesis argues that previous attempts to solve this paradox have been insufficient because (...) they have failed to distinguish clearly between two distinct puzzles that together constitute the paradox. The first puzzle—the rationality paradox—says that if we think that we should not harm others in a certain way, it is rational by default to think that we should minimise the occurrences of that kind of harm overall. Thus, to answer the rationality paradox the deontologist must justify constraints by reference to some value that cannot be furthered by minimising the occurrences of harm. However, this will make her vulnerable to a second puzzle—the value paradox—which says that in the face of the severe harm that awaits the greater number of individuals, it seems morally inappropriate to be concerned with anything other than the minimisation of the occurrences of that kind of harm overall. The thesis develops a comprehensive approach that can address both these paradoxes. The hyperinviolability account developed in this thesis shows that traditional deontology ceases to appear paradoxical once we understand it as an agent-neutral moral theory that gives priority to our moral standing over the moral significance of what might happen to us. (shrink)

Deontologists believe that it is wrong to violate a right even if this will prevent a greater number of violations of the same right. This leads to the paradox of deontology: If respecting everyone’s rights is equally important, why should we not minimize the number of rights violations? One possible answer is agent-based. This answer points out that you should not violate rights even if this will prevent someone else’s violations. In this paper, I defend a relational agent-based justification that (...) focuses on the relation in which the agent stands to her would-be victims. I argue that this justification can avoid two key objections levelled against agent-based justifications: It can explain why we are not permitted to minimize our own rights violations, and the justification avoids the charge of being excessively self-concerned. (shrink)

Deontologists are united in asserting that there are side-constraints on permissible action, prohibiting acts of murder, theft, infidelity, etc., even in cases where performing such acts would make things better overall from an impartial standpoint. These constraints are enshrined in the vocabulary of rights apply even when violating those constraints would lead to fewer constraint-violations overall: I am prohibited from killing an innocent even when doing so is the only way to prevent you from killing five. However, deontologists are divided (...) over whether we have a duty to violate a smaller number of rights when this is necessary to prevent ourselves from later violating a larger number of rights that are at least as stringent. I argue that individuals do have such a duty, a duty which follows from widely accepted consistency constraints on choice. (shrink)

Is it permissible to kill an innocent person against her will in order to prevent several other innocent persons from being killed against their will? The answer to which this essay comes after extensive discussion is – under certain conditions and limitations – affirmative. On the way to this answer, the book offers a comprehensive in-depth discussion of so-called deontic restrictions – that is, the idea of an action’s being prohibited in circumstances in which performing it once would be the (...) only way to prevent its being performed multiple times. The book’s leading question is whether there is a plausible rationale for deontic restrictions. To this effect, a taxonomy and critical discussions of the most important approaches to justify deontic restrictions are provided – where many of these approaches undergo a deeper examination for the first time ever. In addition, the book clarifies some adjoining questions, such as why deontic restrictions are often perceived as being problematic or how the concept of agent-relativity should best be understood and formalized. Put into broader perspective, the conclusions offered should have a bearing on a number of debates in normative ethics, not least on the debate between deontologists and consequentialist. (shrink)

There is, on a given moral view, an agent-centered restriction against performing acts of a certain type if that view prohibits agents from performing an instance of that act-type even to prevent two or more others from each performing a morally comparable instance of that act-type. The fact that commonsense morality includes many such agent-centered restrictions has been seen by several philosophers as a decisive objection against consequentialism. Despite this, I argue that agent-centered restrictions are more plausibly accommodated within a (...) consequentialist framework than within the more standard side-constraint framework. For I argue that when we combine agent-relative consequentialism with a Kantian theory of value, we arrive at a version of consequentialism, which I call 'Kantsequentialism', that has several advantages over the standard side-constraint approach to accommodating constraints. What’s more, I argue that Kantsequentialism doesn’t have any of the disadvantages that critics of consequentializing have presumed that such a theory must have. (shrink)

Non-Consequentialist moral theories posit the existence of moral constraints: prohibitions on performing particular kinds of wrongful acts, regardless of the good those acts could produce. Many believe that such theories cannot give satisfactory verdicts about what we morally ought to do when there is some probability that we will violate a moral constraint. In this article, I defend Non-Consequentialist theories from this critique. Using a general choice-theoretic framework, I identify various types of Non-Consequentialism that have otherwise been conflated in the (...) debate. I then prove a number of formal possibility and impossibility results establishing which types of Non-Consequentialism can -- and which cannot -- give us adequate guidance through through a risky world. (shrink)

Most deontologists find bedrock in the Pauline doctrine that it is morally objectionable to do evil in order that good will come of it. Uncontroversially, this doctrine condemns the killing of an innocent person simply in order to maximize the sum total of happiness. It rules out the conscription of a worker to his or her certain death in order to repair a fault that is interfering with the live broadcast of a World Cup match that a billion spectators have (...) been enjoying. It rules out such sacrifice even if it would maximize the sum total of everyone's happiness. An act utilitarian, by contrast, would require the sacrifice of the one whenever this latter condition obtains, since such a utilitarian is committed to the view that one ought always to act so as to bring about the greatest sum total of happiness. An act utilitarian might, however, consistently hold that a large number of rather insignificant pleasures, such as that which a spectator derives from witnessing men in shorts running around and kicking a ball, is never sufficient to justify the infliction of a great harm on a single individual. 4 He might take such a position without abandoning utilitarianism by denying that the sum total of such minor pleasures could ever be sufficiently great to outweigh the harm of death to the one. Under the inspiration of John Stuart Mill, a utilitarian might draw a more general distinction between serious and trivial harms and pleasures and maintain that no amount of a trivial pleasure could ever amount to a sum of happiness that is greater than the disutility of a serious harm. (shrink)

Most deontologists find bedrock in the Pauline doctrine that it is morally objectionable to do evil in order that good will come of it. Uncontroversially, this doctrine condemns the killing of an innocent person simply in order to maximize the sum total of happiness. It rules out the conscription of a worker to his or her certain death in order to repair a fault that is interfering with the live broadcast of a World Cup match that a billion spectators have (...) been enjoying. It rules out such sacrifice even if it would maximize the sum total of everyone's happiness. An act utilitarian, by contrast, would require the sacrifice of the one whenever this latter condition obtains, since such a utilitarian is committed to the view that one ought always to act so as to bring about the greatest sum total of happiness. An act utilitarian might, however, consistently hold that a large number of rather insignificant pleasures, such as that which a spectator derives from witnessing men in shorts running around and kicking a ball, is never sufficient to justify the infliction of a great harm on a single individual. 4 He might take such a position without abandoning utilitarianism by denying that the sum total of such minor pleasures could ever be sufficiently great to outweigh the harm of death to the one. Under the inspiration of John Stuart Mill, a utilitarian might draw a more general distinction between serious and trivial harms and pleasures and maintain that no amount of a trivial pleasure could ever amount to a sum of happiness that is greater than the disutility of a serious harm. (shrink)

In response to the so-called “paradox of deontology,” many have argued that the agent-relativity of deontological constraints accounts for why an agent may not kill one in order to prevent five others from being killed. Constraints provide reasons for particular agents not to kill, not reasons to minimize overall killings. In this paper, I tease out the significance of an underappreciated aspect of this agent-relative position, i.e. it provides no guidance as to what an agent ought to do when faced (...) with the prospect of killing one in order to prevent herself from killing five. After rejecting mere agent-relativity, the view that agents are morally permitted to violate constraints in order to minimize their overall violations, I offer a view that this is both agent- and time-relative, and show how this view exemplifies the underlying motivations for deontological constraints while successfully responding to both the inter- and intra-personal paradoxes of deontology. (shrink)

Most deontologists claim that it is more objectionable to do harm than it is to allow harm of comparable magnitude. I argue that this view faces a largely neglected puzzle regarding the moral relevance of an agent's past behavior. Consider an agent who chooses to save five people rather than one, where the one person's life is in jeopardy because of something the agent did earlier. How are the agent's obligations affected by the fact that his now letting the one (...) die would retroactively make it the case that he has killed? I argue that the most promising deontological responses to this question are difficult to defend. Further, it is unclear how the deontologist can resolve a further set of cases, in which commonsense intuition indicates that an agent is required to terminate a threat she initiated more recently in preference to a threat she initiated less recently. (shrink)

It is a commonplace that there are limits to the ways we can permissibly treat people, even in the service of good ends. For example, we may not steal someone’s wallet, even if we plan to donate the contents to famine relief, or break a promise to help a colleague move, even if we encounter someone else on the way whose need is somewhat more urgent. In other words, we should observe certain constraints against mistreating people, where a constraint is (...) a moral principle that we should not violate, even when that is the only way to prevent further, similar violations or other, greater evils. But, despite its intuitive appeal, the view that there are constraints has drawn considerable criticism, and attempts to provide a rationale for constraints have been, at best, substantially incomplete. In this paper, I develop a novel rationale for constraints that fills important gaps left by views in the literature. The account helps make sense of constraints by identifying a morally significant relation that we bear to people when, and only when, we observe certain constraints against mistreating them. Put roughly, observing these constraints is a condition for being worthy of a form of trust that I call civic trust, and being worthy of such trust is an essential part of living with others in the sort of harmony that characterizes morally permissible interaction. By focusing, in ways other accounts do not, on the role that observing constraints plays in our psychological lives, this approach not only makes the structure of constraints more intelligible, but also helps us better appreciate the force of our reason to observe constraints, and better understand the kind of moral community to which we should aspire. (shrink)

Common-sense morality includes various agent-centred constraints, including ones against killing unnecessarily and breaking a promise. However, it's not always clear whether, had an agent ϕ-ed, she would have violated a constraint. And sometimes the reason for this is not that we lack knowledge of the relevant facts, but that there is no fact about whether her ϕ-ing would have constituted a constraint-violation. What, then, is a constraint-accepting theory to say about whether it would have been permissible for her to have (...) ϕ-ed? In this paper, I canvass various possible approaches to answering this question and I argue that teleology offers the most plausible approach—teleology being the view that every act has its deontic status in virtue of how its outcome ranks, relative to those of its alternatives. So although, until recently, it had been thought that only deontological theories can accommodate constraints, it turns out that teleological theories not only can accommodate constraints, but can do so more plausibly than deontological theories can. (shrink)

The article tries to show that what is often called 'Moderate Deontology' is incoherent.

Is there a reason to prevent deontological wrongdoing—an action that is wrong due to the violation of a decisive deontological constraint? This question is perplexing. On the one hand, the intuitive response seems to be positive, both when the question is considered in the abstract and when it is considered with regard to paradigmatic cases of deontological wrongdoing such as Bridge and Transplant. On the other hand, common theoretical accounts of deontological wrongdoing do not entail this answer, since not preventing (...) wrongdoing does not necessarily amount to doing harm or intending harm, for example. The puzzle is reinforced due to the fact that the intuitive response to other cases seems to be different, namely that there is no reason in favour of preventing deontological wrongdoing. This question is thus interesting in itself. It might also shed light on additional questions such as the “paradox of deontology” and the appropriate response to wrongful actions more generally. Yet, despite its importance, this question is typically overlooked. The paper explores this question. (shrink)

Philosophers disagree about the moral status of harm-enabling, or behavior by which an agent removes an obstacle to the completion of a threatening sequence. I argue that enabling harm is equivalent to doing harm, at least when an agent withdraws a resource to which neither she nor the victim has any prior moral claim. This conclusion reinforces the common objection that deontological appeals to the doing/allowing distinction cannot easily handle cases involving the withdrawal of aid. I argue that the existing (...) literature on this issue overlooks a more fundamental problem concerning the moral relevance of an agent’s past behavior. (shrink)

Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many arguments (...) for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical. (shrink)

Most deontologists claim that it is more objectionable to do harm than it is to allow harm of comparable magnitude. I argue that this view faces a largely neglected puzzle regarding the moral relevance of an agent's past behavior. Consider an agent who chooses to save five people rather than one, where the one person's life is in jeopardy because of something the agent did earlier. How are the agent's obligations affected by the fact that his now letting the one (...) die would retroactively make it the case that he has killed? I argue that the most promising deontological responses to this question are difficult to defend. Further, it is unclear how the deontologist can resolve a further set of cases, in which commonsense intuition indicates that an agent is required to terminate a threat she initiated more recently in preference to a threat she initiated less recently. (shrink)

Since it was presented in 1963, Chisholm’s paradox has attracted constant attention in the deontic logic literature, but without the emergence of any definitive solution. We claim this is due to its having no single solution. The paradox actually presents many challenges to the formalization of deontic statements, including (1) context sensitivity of unconditional oughts, (2) formalizing conditional oughts, and (3) distinguishing generic from nongeneric oughts. Using the practical interpretation of ‘ought’ as a guideline, we propose a linguistically motivated logical (...) solution to each of these problems, and explain the relation of the solution to the problem of contrary-to-duty obligations. (shrink)

A standard criticism of act-utilitarianism is that it is only indirectly concerned with the distribution of welfare between individuals and, therefore, does not take adequate account of the separateness between individuals. In response a number of philosophers have argued that act-utilitarianism is only vulnerable to that objection because it adheres to a theory of the good which ignores non-welfarist sources of intrinsic value such as justice. Fred Feldman, for example, argues that intrinsic value is independently generated by the receipt of (...) welfare and the degree to which receipt accords with the demands of justice, and that an action is right insofar as it maximizes the sum of both those sources of value. In response it is argued that justicized consequentialism only blocks the objection at the expense of presupposing deontological constraints. In addition, it is argued that the value of justice cannot be explained non-deontically and, therefore, that the proposed theory is not consequentialist all the way down. (shrink)

Some theories of practical reasons incorporate a lexical priority structure, according to which some practical reasons have infinitely greater weight than others. This includes absolute deontological theories and axiological theories that take some goods to be categorically superior to others. These theories face problems involving cases in which there is a non-extreme probability that a given reason applies. In view of such cases, lexical-priority theories are in danger of becoming irrelevant to decision-making, becoming absurdly demanding, or generating paradoxical cases in (...) which each of a pair of actions is permissible yet the pair is impermissible. (shrink)

An extended discussion with Frances Kamm about deontology and the methodology of ethical theorizing. (An extended and revised version appears in Alex Voorhoeve, Conversations on Ethics, OUP 2009).).

Consequentialism is usually thought to be unable to accommodate many of our commonsense moral intuitions. In particular, it has seemed incompatible with the intuition that agents should not violate someone's rights even in order to prevent numerous others from committing comparable rights violations. Nevertheless, I argue that a certain form of consequentialism can accommodate this intuition: agent-relative consequentialism--the view according to which agents ought always to bring about what is, from their own individual perspective, the best available outcome. Moreover, I (...) argue that the consequentialist's agent-focused account of the impermissibility of such preventive violations is more plausible than the deontologist's victim-focused account. Contrary to Frances Kamm, I argue that agent-relative consequentialism can adequately deal with single-agent cases, cases where an agent would have to commit one rights violation now in order to minimize her commissions of such rights violations over time. (shrink)

Gibt es überzeugende Überforderungseinwände gegen anspruchsvolle moralische Auffassungen? In diesem Buch werden Überforderungseinwände präzise charakterisiert, systematisch eingeordnet und argumentativ verteidigt. Unter Berücksichtigung der wichtigsten philosophischen Beiträge zum Thema wird gezeigt, weshalb gewisse Moraltheorien und -prinzipien dafür kritisiert werden können, dass sie zu viel von einzelnen Personen verlangen.

Many hold that morality is essentially impartial. Many also hold that partiality is justified. Susan Wolf argues that these commitments push us towards downgrading morality's practical significance. Here I argue that there is a way of pushing morality's boundaries in a partialist direction in a way that respects Wolf's insights.

Many everyday actions have major but unforeseeable long-term consequences. Some argue that this fact poses a serious problem for consequentialist moral theories. We argue that the problem for non-consequentialists is greater still. Standard non-consequentialist constraints on doing harm combined with the long-run impacts of everyday actions entail, absurdly, that we should try to do as little as possible. We call this the Paralysis Argument. After laying out the argument, we consider and respond to a number of objections. We then suggest (...) what we believe is the most promising response: to accept, in practice, a highly demanding morality of beneficence with a long-term focus. (shrink)

If people have stringent moral rights, then the doctrine of double effect is false or unimportant, at least when it comes to making acts permissible or wrong. There are strong and weak versions of the doctrine of double effect. The strong version asserts that an act is morally right if and only if the agent does not intentionally infringe a moral norm and the act brings about a desirable result (perhaps the best state of affairs available to the agent or (...) a promotion of the common good). The weak version asserts that, other things being equal, it is deontically worse to intentionally infringe a norm than to foreseeably do so. A person’s intention or mere foresight might still be relevant to his or her blameworthiness or virtue, but this is a separate issue. (shrink)

Non-Consequentialist moral theories posit the existence of moral constraints: prohibitions on performing particular kinds of wrongful acts, regardless of the good those acts could produce. Many believe that such theories cannot give satisfactory verdicts about what we morally ought to do when there is some probability that we will violate a moral constraint. In this article, I defend Non-Consequentialist theories from this critique. Using a general choice-theoretic framework, I identify various types of Non-Consequentialism that have otherwise been conflated in the (...) debate. I then prove a number of formal possibility and impossibility results establishing which types of Non-Consequentialism can -- and which cannot -- give us adequate guidance through through a risky world. (shrink)

Deontic constraints prohibit an agent performing acts of a certain type even when doing so will prevent more instances of that act being performed by others. In this article I show how deontic constraints can be interpreted as either maximizing or non-maximizing rules. I then argue that they should be interpreted as maximizing rules because interpreting them as non-maximizing rules results in a problem with moral advice. Given this conclusion, a strong case can be made that consequentialism provides the best (...) account of deontic constraints. (shrink)

Recently, Gerhard Øverland and Alec Walen have developed novel and interesting theories of nonconsequentialism. Unlike other nonconsequentialist theories such as the Doctrine of Double Effect, each of their theories denies that an agent’s mental states are relevant for determining how stringent their moral reasons are against harming others. Instead, Øverland and Walen seek to distinguish morally between instances of harming in terms of the circumstances of the people who will be harmed, rather than in features of the agent doing the (...) harming. In this paper, we argue that these theories yield counterintuitive verdicts across a broad range of cases that other nonconsequentialist theories handle with relative ease. We also argue that Walen’s recent attempt to reformulate this type of theory so that it does not have such implications is unsuccessful. (shrink)

A common strategy in ethical argumentation tries to derive ethical obligations from the rational necessity of not acting against certain “necessary” conditions for satisfying some good end. This strategy is very often fallacious, and works by equivocating over what counts as a “necessary” condition. Very often, what is counted as a necessary condition is not logically necessary for the end in question, but is at most related to it by affecting the probability of the end’s satisfaction. If other conditions affecting (...) the probability of satisfying this ends are then discounted as merely “instrumental” or “probabilistic”, this strategy has the function of hypocritically privileging some of the arguer’s preferred values over others. We should instead recognize that nearly all conditions affecting the probability of satisfying some good end borrow some value from the value of the end, in proportion to how much they tend to affect its probability of satisfaction. The fallacy tends to support rigid deontological norms; once we abandon it, many arguments against consequentialism are revealed merely as special pleading. Many ethical arguments use this fallacy, but I focus here on its use by Immanuel Kant. (shrink)

Holly Smith (2014) contends that subjective deontological theories – those that hold that our moral duties are sensitive to our beliefs about our situation – cannot correctly determine whether one ought to gather more information before acting. Against this contention, I argue that deontological theories can use a decision-theoretic approach to evaluating the moral importance of information. I then argue that this approach compares favourably with an alternative approach proposed by Philip Swenson (2016).

Most deontologists find bedrock in the Pauline doctrine that it is morally objectionable to do evil in order that good will come of it. Uncontroversially, this doctrine condemns the killing of an innocent person simply in order to maximize the sum total of happiness. It rules out the conscription of a worker to his or her certain death in order to repair a fault that is interfering with the live broadcast of a World Cup match that a billion spectators have (...) been enjoying. It rules out such sacrifice even if it would maximize the sum total of everyone's happiness. An act utilitarian, by contrast, would require the sacrifice of the one whenever this latter condition obtains, since such a utilitarian is committed to the view that one ought always to act so as to bring about the greatest sum total of happiness. An act utilitarian might, however, consistently hold that a large number of rather insignificant pleasures, such as that which a spectator derives from witnessing men in shorts running around and kicking a ball, is never sufficient to justify the infliction of a great harm on a single individual. 4 He might take such a position without abandoning utilitarianism by denying that the sum total of such minor pleasures could ever be sufficiently great to outweigh the harm of death to the one. Under the inspiration of John Stuart Mill, a utilitarian might draw a more general distinction between serious and trivial harms and pleasures and maintain that no amount of a trivial pleasure could ever amount to a sum of happiness that is greater than the disutility of a serious harm. (shrink)

Many moral theories are committed to the idea that some kinds of moral considerations should be respected, whatever the cost to ‘lesser’ types of considerations. A person's life, for instance, should not be sacrificed for the trivial pleasures of others, no matter how many would benefit. However, according to the decision-theoretic critique of lexical priority theories, accepting lexical priorities inevitably leads us to make unacceptable decisions in risky situations. It seems that to operate in a risky world, we must reject (...) lexical priorities altogether. This paper argues that lexical priority theories can, in fact, offer satisfactory guidance in risky situations. It does so by equipping lexical priority theories with overlooked resources from decision theory. (shrink)

Many argue that absolutist moral theories -- those that prohibit particular kinds of actions or trade-offs under all circumstances -- cannot adequately account for the permissibility of risky actions. In this dissertation, I defend various versions of absolutism against this critique, using overlooked resources from formal decision theory. Against the prevailing view, I argue that almost all absolutist moral theories can give systematic and plausible verdicts about what to do in risky cases. In doing so, I show that critics have (...) overlooked: (1) the fact that absolutist theories -- and moral theories, more generally -- underdetermine their formal decision-theoretic representations; (2) that decision theories themselves can be generalised to better accommodate distinctively absolutist commitments. Overall, this dissertation demonstrates that we can navigate a risky world without compromising our moral commitments. (shrink)