Objections to Deontological Moral Theories

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)

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)

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)

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)

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)

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 killing. 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 agentrelativity, the view that agents are morally permitted to violate constraints in order to minimize their overall violations, I offer a view 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)

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)

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)

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)

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)

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)

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)

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)

When probability discounting (or probability weighting), one multiplies the value of an outcome by one's subjective probability that the outcome will obtain in decision-making. The broader import of defending probability discounting is to help justify cost-benefit analyses in contexts such as climate change. This chapter defends probability discounting under risk both negatively, from arguments by Simon Caney (2008, 2009), and with a new positive argument. First, in responding to Caney, I argue that small costs and benefits need to be evaluated, (...) and that viewing practices at the social level is too coarse-grained. Second, I argue for probability discounting, using a distinction between causal responsibility and moral responsibility. Moral responsibility can be cashed out in terms of blameworthiness and praiseworthiness, while causal responsibility obtains in full for any effect which is part of a causal chain linked to one's act. With this distinction in hand, unlike causal responsibility, moral responsibility can be seen as coming in degrees. My argument is, given that we can limit our deliberation and consideration to that which we are morally responsible for and that our moral responsibility for outcomes is limited by our subjective probabilities, our subjective probabilities can ground probability discounting. (shrink)

Holly Smith has recently argued that Subjective Deontological Moral Theories (SDM theories) cannot adequately account for agents’ duties to gather information. I defend SDM theories against this charge and argue that they can account for agents’ duties to inform themselves. Along the way, I develop some principles governing how SDM theories, and deontological moral theories in general, should assign ‘deontic value’ or ‘deontic weight’ to particular actions.

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)

Joshua Greene argues that cognitive (neuro)science matters for ethics in two ways, the “direct route” and the “indirect route.” Greene illustrates the direct route with a debunking explanation of the inclination to condemn all incest. The indirect route is an updated version of Greene’s argument that dual-process moral psychology gives support for consequentialism over deontology. I consider each of Greene’s arguments, and I argue that neither succeeds. If there is a route from cognitive (neuro)science to ethics, Greene has not found (...) it. (shrink)

There is a tendency to use data from neuroscience, cognitive science and experimental psychology to rail against philosophical ethics. Recently, Joshua Greene has argued that deontological judgments tend to be supported by emotional responses to irrelevant features, whereas consequentialist judgments are more reliable because they tend to be supported by cognitive processes. In this article, I will analyse the evidence used by Greene to suggest a different kind of argument against deontology, which I will call the argument from self-defeating beliefs. (...) The charge of this type of argument amounts to exposing a psychological nature of deontological judgements that is supposedly rejected by deontologists. I will argue that the alleged evidence is poorly understood, mixed and indeterminate, failing to endorse general conclusions about the psychological processes underlying deontological judgements. (shrink)

Absolutist systems of ethics have come in for harsh criticism on a number of fronts. The Principle of Double Effect was formulated by Catholic ethicists to overcome such objections. In this essay, Leslie Allan addresses four of the most prominent problems faced by an absolutist ethic and evaluates the extent to which the Principle of Double Effect is successful in avoiding or mitigating these criticisms.

Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...) intuitions and the retributive value of punishment. This argument may generalize to other deontological intuitions and theories. (shrink)

It is often argued that Kantian and consequentialist approaches to the philosophy of punishment differ on the question of whether using punishment to achieve deterrence is morally acceptable. I show that this is false: both theories judge it to be acceptable. Showing this requires attention to what the Formula of Humanity in Kant requires agents to do. If we use the correct interpretation of this formula we can also see that an anti-consequentialist moral principle used by Victor Tadros to criticize (...) consequentialism is implausible. I go on to examine the version of John Rawls' theory that is used by Sharon Dolovich to develop a Kantian theory of legal punishment. This makes clear why punishment to achieve deterrence in the 'circumstances of justice' is morally acceptable. However, in at least one respect consequentialism gives us a more convincing understanding of the limits on the pursuit of deterrence than the Kantian theory does. (shrink)

Agent-centered constraints on harming hold that some harmful upshots of our conduct cannot be justified by its generating equal or somewhat greater benefits. In this paper I argue that all plausible theories of agent-centered constraints on harming are undermined by the likelihood that our actions will have butterfly effects, or cause cascades of changes that make the world dramatically different than it would have been. Theories that impose constraints against only intended harming or proximally caused harm have unacceptable implications for (...) choices between more and less harmful ways of securing greater goods. This leaves as plausible only theories that impose constraints against causing some unintended distal harms. But, I argue, given the distal harms our actions are likely to cause through their butterfly effects, these theories entail that any way of sustaining our lives is overwhelmingly likely to involve unjustified killing, and that we are therefore morally required either to allow ourselves to waste away or kill ourselves. (shrink)

The Doctrine of Double Effect [DDE] states roughly that it is harder to justify causing or allowing harm as a means to an end than it is to justify conduct that results in harm as a side effect. This chapter argues that a theory of deontological constraints on harming needs something like the DDE in order to avoid the charge that it reflects a narcissistic obsession with the cleanliness of our own hands. Unfortunately, the DDE is often interpreted as maintaining (...) that we must avoid acting with certain intentions, which, this chapter contends, embodies an equally narcissistic obsession with the purity of our own hearts. The chapter argues that the DDE is better interpreted as a denial of the Machiavellian idea that beneficial ends justify harmful means. On this view, the objective fact that our conduct will secure benefits for some individuals at the expense of other individuals weakens the extent to which those benefits count as reasons to engage in that conduct. The chapter argues that this version of the DDE provides a plausible, non-narcissistic foundation for deontological constraints. (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)

In this article I attempt to show conclusively that the apparent intrinsic difference between causing collateral damage and directly attacking innocents is an illusion. I show how eleven morally irrelevant alterations can transform an apparently permissible case of harming as a side-effect into an apparently impermissible case of harming as a means. The alterations are as obviously irrelevant as the victims’ skin colour, and consistently treating them as relevant would have unacceptable implications for choices between more and less harmful ways (...) of securing greater goods. This shows not only how the principles philosophers have proposed for distinguishing between these cases cannot withstand scrutiny, but how we can be sure that there are no relevant differences yet to be discovered. I conclude by considering reasons to think that there are deontological constraints against harming, but that they apply just as forcefully against collateral harms as they do against intended harms. (shrink)

In this article I explain why cognitive science (including some neuroscience) matters for normative ethics. First, I describe the dual-process theory of moral judgment and briefly summarize the evidence supporting it. Next I describe related experimental research examining influences on intuitive moral judgment. I then describe two ways in which research along these lines can have implications for ethics. I argue that a deeper understanding of moral psychology favors certain forms of consequentialism over other classes of normative moral theory. I (...) close with some brief remarks concerning the bright future of ethics as an interdisciplinary enterprise. (shrink)

In normative ethics there has been a long-standing debate between consequentialists and deontologists. To settle this dispute moral theorists have often used a selective approach. They have focused on particular aspects of our moral practice and have teased out what consequentialists and deontologists have to say about it. One of the focal points of this debate has been the morality of promising. In this paper I review arguments on both sides and examine whether consequentialists or deontologists offer us a more (...) plausible account of promissory obligation. My conclusion is negative. Given the arguments on the table, I argue, we should conclude that the debate is in a stalemate. It is, therefore, hard to see how the issue of promissory obligation could help us choose between consequentialism and deontology. (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)

This paper offers a critique of David Gauthier’s contractarian moral theory. I point out morally counter-intuitive implications of Gauthier’s theory – for example, with respect to societies with slavery or concerning the protection of animals – as well as theoretically unattractive features, such as the overly optimistic assumption of translucent agents. However, contractarian moral theories can be improved by correcting the theoretically unattractive features. Moreover, though some morally counter-intuitive implications cannot be avoided, whether we should accept these implications ultimately depends (...) on whether an instrumentalist account of practical reason is defensible and how morality relates to practical reason. Thus, contractarian moral theories cannot be refuted as easily as one might think at first. (shrink)

Norbert Hoerster has tried to show on the basis of what I call special and general interests that it is rational to endorse moral judgements. I argue that Hoerster’s attempt to vindicate the rationality of moral judgements fails. By appealing to special interests Hoerster can only establish the rationality of endorsing judgements that – by Hoerster’s own standards – are not moral judgements because they do not pass the test of generalization. While the appeal to general interests, on the other (...) hand, indeed establishes the rationality of endorsing judgements that pass the test of generalization, it does so only for some but not all people; for this reason, the vindicated judgements do not qualify as moral judgements either. (shrink)

An opinionated encyclopedia entry detailing and evaluating the utilitarian engagement with intuitionism.

The argument between retributivists and consequentialists about what morally justifies the punishment of offenders is incoherent. If we were to discover that all of the contending justifications were mistaken, there is no realistic prospect that this would lead us to abandon legal punishment. Justification of words, beliefs and deeds, can only be intelligible on the assumption that if one's justification were found to be invalid and there were no alternative justification, one would be prepared to stop saying, believing or doing (...) what one has attempted to justify. Therefore, the moral standing or basis of our practices of punishing offenders can not rest on a justification of it. (shrink)

G. E. Morton’s attempt to defend libertarianism against my claim that it relies on an implausible secularization of ideas of divine sovereignty fails. It is not true that morality itself entails human sovereignty, as witnessed by the moral theories of theological voluntarists and of consequentialists. Nor is it true that sovereignty can be conceptually transferred from God to equal human individuals, since they would have no legitimate way to legislate over each other short of a unanimous “general will.” Nor, finally, (...) does the idea of first possession rescue libertarian philosophy, since it is as applicable to animals and children as to adult human beings. (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)

In tort and contract law, we calculate the harm a defendant caused a plaintiff by examining the plaintiff’s condition after an injury relative to his baseline condition. When we consider the severity of prison sentences, however, we usually ignore offenders’ baseline conditions. We deem inmates as receiving equal punishments when they are incarcerated for the same period of time under the same conditions, even though incarceration does not change their situations equally (unless they started out in identical circumstances). It is (...) the amount by which we change offenders’ circumstances that determines the severity of their sentences. We calculate the severity of some punishments, like fines, comparatively. Fines specify an amount by which to change an offender’s wealth relative to his baseline. We never use fines to equalize the net worth of offenders, but we do use prison to equalize the liberties of prison inmates. When we recognize the comparative nature of punishment, we see that, by putting two equally blameworthy offenders in prison for equal durations, the offender with the better baseline condition is likely punished more severely than the offender with the worse baseline condition. We must attend to the differences in their baselines or else we will fail to justify some of the harsh treatment that we knowingly impose. If we insist on giving both of these offenders equal prison terms, we cannot justify doing so on the grounds of proportional punishment. (shrink)

J.J.C. Smart famously complained that rule utilitarianism is incoherent, and that rule utilitarians are guilty of rule worship . Much has been said about whether Smart’s complaint is justified, but I will assume for the sake of argument that Smart was on to something. Instead, I have three other goals. First, I want to show that Smart’s complaint is a specific instance of a more general objection to a moral theory—what I will call the Incoherence Objection. Second, I want to (...) illustrate how the Incoherence Objection can apply both to consequentialist and, surprisingly, some nonconsequentialist theories. Finally, I want to demonstrate at least one way nonconsequentialist theories that make use of rules, principles, and the like can dodge the Incoherence Objection. (shrink)

Theoretical defenses of the principle of double effect (pde) due to Quinn, Nagel and Foot are claimed to face severe difficulties. But this leaves those of us who see something in the case-based support for the pde without a way of accounting for our judgments. This article proposes a novel principle it calls the mismatch principle, and argues that the mismatch principle does better than the pde at accounting for our judgments about cases and is also theoretically defensible. However, where (...) the pde makes claims about the permissibility of actions, the mismatch principle makes claims only about the evaluation of agents; and where the pde explains the cases in terms of intending harm, the mismatch principle explains them in terms of a quite different feature of the agent's will. (shrink)