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)

One of the currently popular dogmata of anti-consequentialism is that consequentialism doesn't respect, recognize, or in some important way account for what is referred to as the The charge is often made, but rarely explained in any detail, much less argued for. In this paper I explain what I take to be the most plausible interpretation of the separateness of persons charge. I argue that the charge itself can be deconstructed into at least two further objections to consequentialist theories. These (...) objections amount to (i) the rejection of axiological aggregation, and (ii) the rejection of deontic aggregation. Of these two objections, I argue that the first one, though often made, is untenable. I also argue that the second objection, in its various forms, relies on distinctions whose moral significance is vigorously denied by almost all consequentialist theorists. I thus argue that the separateness of persons objection poses no special threat to consequentialism. (shrink)

This collection contains twenty-one thought-provoking essays on the controversies surrounding the moral and legal distinctions between euthanasia and "letting die." Since public awareness of this issue has increased this second edition includes nine entirely new essays which bring the treatment of the subject up-to-date. The urgency of this issue can be gauged in recent developments such as the legalization of physician-assisted suicide in the Netherlands, "how-to" manuals topping the bestseller charts in the United States, and the many headlines devoted to (...) Dr. Jack Kevorkian, who has assisted dozens of patients to die. The essays address the range of questions involved in this issue pertaining especially to the fields of medical ethics, public policymaking, and social philosophy. The discussions consider the decisions facing medical and public policymakers, how those decisions will affect the elderly and terminally ill, and the medical and legal ramifications for patients in a permanently vegetative state, as well as issues of parent/infant rights. The book is divided into two sections. The first, "Euthanasia and the Termination of Life-Prolonging Treatment" includes an examination of the 1976 Karen Quinlan Supreme Court decision and selections from the 1990 Supreme Court decision in the case of Nancy Cruzan. Featured are articles by law professor George Fletcher and philosophers Michael Tooley, James Rachels, and Bonnie Steinbock, with new articles by Rachels, and Thomas Sullivan. The second section, "Philosophical Considerations," probes more deeply into the theoretical issues raised by the killing/letting die controversy, illustrating exceptionally well the dispute between two rival theories of ethics, consequentialism and deontology. It also includes a corpus of the standard thought on the debate by Jonathan Bennet, Daniel Dinello, Jeffrie Murphy, John Harris, Philipa Foot, Richard Trammell, and N. Ann Davis, and adds articles new to this edition by Bennett, Foot, Warren Quinn, Jeff McMahan, and Judith Lichtenberg. (shrink)

It is usually assumed to be possible, and sometimes even desirable, for consequentialists to make judgments about both the rightness and the goodness of actions. Whether a particular action is right or wrong is one question addressed by a consequentialist theory such as utilitarianism. Whether the action is good or bad, and how good or bad it is, are two others. I will argue in this paper that consequentialism cannot provide a satisfactory account of the goodness of actions, on the (...) most natural approach to the question. I will also argue that, strictly speaking, a consequentialist cannot judge one action to be better or worse than another action performed at a different time or by a different person. Even if such theories are thought to be primarily concerned with rightness, this would be surprising, but in the light of recent work challenging the place of rightness in consequentialism1, it seems particularly disturbing. If actions are neither right (or wrong) nor good (or bad), what moral judgments do apply to them? Doesn't the rejection of both rightness and goodness, as applied to actions, leave consequentialism unacceptably impoverished? On the contrary, I will argue that consequentialism is actually strengthened by the realization that actions can only be judged as better or worse than possible alternatives. (shrink)

If, as I have argued elsewhere, consequentialism is not fundamentally concerned with such staples of moral theory as rightness, duty, obligation, moral requirements, goodness (as applied to actions), and harm, what, if anything, does it have to say about such notions? While such notions have no part to play at the deepest level of the theory, they may nonetheless be of practical significance. By way of explanation I provide a linguistic contextualist account of these notions. A contextualist approach to all (...) these notions makes room for them in ordinary moral discourse, but it also illustrates why there is no room for them at the level of fundamental moral theory. If the truth value of a judgment that an action is right or good varies according to the context in which it is made, then rightness or goodness can no more be properties of actions themselves than thisness or hereness can be properties of things or locations themselves. (shrink)

If consequentialism is understood as claiming, at least, that the moral character of an action depends only on the consequences of the action, it might be thought that the difficulty of knowing what all the consequences of any action will be poses a problem for consequentialism. J. J. C. Smart writes that in most cases..

Suppose that a very large number of people, say one billion, will suffer a moderately severe headache for the next twenty-four hours. For these billion people, the next twenty-four hours will be fairly unpleasant, though by no means unbearable. However, there will be no side-effects from these headaches; no drop in productivity in the work-place, no lapses in concentration leading to accidents, no unkind words spoken to loved ones that will later fester. Nonetheless, it is clearly desirable that these billion (...) people avoid the headaches. Even though the headaches are moderate, they are impervious to pain-killing drugs, acupuncture, transcendental meditation, and just about any other remedy. In fact, there is only one way in which the headaches can be avoided. In a remote South American village, a young woman, Agnes, is suffering from a fever. A simple dose of antibiotics will save her life, otherwise she will die. If, and only if, she dies, the billion headaches will be prevented. You just happen to be passing through the village, in full knowledge of the circumstances. Although not a doctor (and therefore not bound by codes of professional ethics, Hippocratic oaths, etc.), you possess the requisite dose of antibiotics, for which you have no other use, and which will become useless, if not used in the next two hours. (shrink)

Philosophy journals and conferences have recently seen several attempts to argue that 'all-things-considered better than' does not obey strict transitivity. This paper focuses on Larry Temkin's argument in "Intransitivity and the Mere Addition Paradox." Although his argument is not aimed just at utilitarians or even consequentialists in general, it is of prticular significance to consequentialists. If 'all-things-considered better than' does not obey transitivity, there may be choice situations in which there is no optimal choice, which would seem to open the (...) door to a consequentialist account of moral dilemmas. Temkin's argument crucially appeals to what he calls "the Person-Affecting Principle (PAP)", which he roughly characterizes as follows, "On PAP, one outcome is worse than another only if it affects people for the worse" This paper argues that PAP, although plausible, does not hold in precisely those situations in which it would have to hold in order for Temkin's argument against transitivity to work. (shrink)

It is sometimes claimed that a consequentialist theory such as utilitarianism has problems accommodating the importance of personal commitments to other people. However, by emphasizing the distinction between criteria of rightness and decision procedures, a consequentialist can allow for non-consequentialist decision procedures, such as acting directly on the promptings of natural affection. Furthermore, such non-consequentialist motivational structures can co-exist happily with a commitment to consequentialism. It is possible to be a self-reflective consequentialist who has genuine commitments to individuals and to (...) moral principles, without engaging in self-deception. (shrink)

This article takes the central issue concerning the ethics of animal experimentation to be the moral status of animals. Since most animal experimentation involves treating experimental subjects in ways that would clearly not be morally acceptable if the subjects were human, and since no animal experimentation involves the informed consent of the experimental subject, any attempt to justify such experimentation must include a defense of the claim that the moral status of animals differs significantly from that of humans. The influence (...) of animal welfare advocates, in particular Peter Singer, Tom Regan, and their followers, but certainly dating back to Bentham and Mill, seems to have resulted in at least the grudging acceptance by the research community that animals have some moral status. That is, that the interests of animals should be taken into account when designing and justifying experiments involving them. (shrink)

In these comments on Fred Feldman's Pleasure and the Good Life, I first challenge the dichotomy between sensory and attitudinal hedonisms as perhaps presenting a false dilemma. I suggest that there may be a form of hedonism that employs the concept of a that is not purely sensory. Next, I raise some problems for several of the versions of hedonism explored in the book.

Satisficing and maximizing versions of consequentialism have both assumed that rightness is an alI-or-nothing property. We argue thal this is inimical to the spirit of consequentialism, and that, from the point of view of the consequentialist, actions should be evaluated purely in terms that admit of degree. We first consider the suggestion that rightness and wrongness are a matter of degree. If so, this raises the question of whether the claim that something is wrong says any more than that it (...) is bad. We consider the possibility that a consequenlialist should simply equate wrongness with badness. We reject this on the grounds that there is not a satsifactory way for a consequentialist to account for the badness of actions, as opposed to states of affairs. We explore two concepts of wrongness: to do something wrong is to be blameworthy; and the fact that something is wrong creates a reason not to do it. We argue that the first of these is not available to the consequentialist because of her views on blame, and that the second is just as much a feature of badness as of wrongness. We conclude that the consequentialist can make no sense of the concept of wrongness. (shrink)

In The Triumph of Practice over Theory in Ethics James Sterba is not concerned merely to show that there is much convergence in the practical application of Utilitarianism, Kantianism, and Aristotelian virtue ethics. His project is the much more ambitious one of arguing that the theories do not really diverge very much at the theoretical level, and thus supplying an explanation for the apparent convergence at the practical level. Although I applaud him for the boldness, some might even say audacity, (...) of the attempt, I do not think he succeeds. I focus my critique on Sterba’s use of two principles that are crucial to his arguments, the principle of non-question-beggingness, and the “ought implies can” principle. I also criticize his arguments for a biocentric position in his disagreement with Singer over the status of nonsentient life. (shrink)

Satisficing and maximizing versions of consequentialism have both assumed that rightness is an alI-or-nothing property. We argue thal this is inimical to the spirit of consequentialism, and that, from the point of view of the consequentialist, actions should be evaluated purely in terms that admit of degree. We first consider the suggestion that rightness and wrongness are a matter of degree. If so, this raises the question of whether the claim that something is wrong says any more than that it (...) is bad. We consider the possibility that a consequenlialist should simply equate wrongness with badness. We reject this on the grounds that there is not a satsifactory way for a consequentialist to account for the badness of actions, as opposed to states of affairs. We explore two concepts of wrongness: to do something wrong is to be blameworthy; and the fact that something is wrong creates a reason not to do it. We argue that the first of these is not available to the consequentialist because of her views on blame, and that the second is just as much a feature of badness as of wrongness. We conclude that the consequentialist can make no sense of the concept of wrongness. (shrink)

In The Triumph of Practice over Theory in Ethics James Sterba is not concerned merely to show that there is much convergence in the practical application of Utilitarianism, Kantianism, and Aristotelian virtue ethics. His project is the much more ambitious one of arguing that the theories do not really diverge very much at the theoretical level, and thus supplying an explanation for the apparent convergence at the practical level. Although I applaud him for the boldness, some might even say audacity, (...) of the attempt, I do not think he succeeds. I focus my critique on Sterba’s use of two principles that are crucial to his arguments, the principle of non-question-beggingness, and the “ought implies can” principle. I also criticize his arguments for a biocentric position in his disagreement with Singer over the status of nonsentient life. (shrink)