Objections to Deontological Moral Theories

If offered a choice between preventing the death of an innocent person and curing a number of short, moderate headaches, many would say that we are morally required to prevent the death, no matter how many headaches we might cure. Contrary to this, Alastair Norcross (1998) argues that even the harm of death could in principle be outweighed by a sufficient number of headaches. This paper is, in part, a response to Norcross’s argument (coming nearly 30 years after the fact!) (...) It is also an application of a recent decision theoretic framework – normic de minimis lexicographic expected utility theory (NDLEUT) defended in Smith (2025). Using NDLEUT to unpick Norcross’s argument sheds new light on this issue, and shows us a way of modelling the existence of harms that are incommensurable. (shrink)

A moral requirement R1 is said to be lexically prior to a moral requirement R2 just in case we are morally obliged to uphold R1 at the expense of R2—no matter how many times R2 must be violated thereby. While lexical priority is a feature of many ethical theories, and arguably a part of common sense morality, attempts to model it within the framework of decision theory have led to a series of problems—a fact which is sometimes spun as a (...) “decision theoretic critique” of lexical priority. In this paper, I develop an enriched decision theoretic framework that is capable of modelling lexical priority while avoiding all extant problems. This will involve introducing several new ingredients into the standard decision theoretic framework, including multidimensional utilities, de minimis risks, and the means to represent two different conceptions of risk. (shrink)

Henry Sidgwick's The Methods of Ethics is one of the most important and influential works in the history of moral philosophy. The Methods of Ethics clarifies and tackles some of the most enduring and difficult problems of morality. It offers readers a high-calibre example of analytical moral philosophy. This Element interprets and critically evaluates select positions and arguments in Sidgwick's The Methods of Ethics. It focuses specifically on Sidgwick's moral epistemology, his argument against common-sense morality, his argument for utilitarianism, his (...) argument for rational egoism, and his argument for what he calls 'the dualism of practical reason', the thesis that utilitarianism and rational egoism are coordinate but conflicting requirements of rationality. Sidgwick's Ethics attempts to acquaint readers with the scholarly and theoretical debates relating to Sidgwick's theses, while providing readers with a greater appreciation of the depth and sophistication of Sidgwick's masterpiece. (shrink)

In both The Right and the Good and Foundations of Ethics, W. D. Ross maintains that any amount of the non-instrumental value of virtue outweighs any amount of the non-instrumental value of pleasure or avoidance of pain. The chapter raises two challenges to the status that Ross accords the value of virtue relative to the value of pleasure (pain). First, it argues that Ross fails to provide a good argument for thinking that virtue is always better than pleasure and that (...) it is in any case implausible to think that any amount of virtue (or avoidance of vice) is better than the avoidance of any amount of pain or suffering. Second, it argues that the inflexibility of Ross’s value theory exhibited in his claim about the relative value of virtue produces tension with and mars the attractive heterarchical structure of his theory of rightness or prima facie duties. (shrink)

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)

_Friendship, Altruism, and Morality_, originally published in 1980, gives an account of "altruistic emotions" (compassion, sympathy, concern) and friendship that brings out their moral value. Blum argues that moral theories centered on rationality, universal principle, obligation, and impersonality cannot capture this moral importance. This was one of the first books in contemporary moral philosophy to emphasize the moral significance of emotions, to deal with friendship as a moral phenomenon, and to challenge the rationalism of standard interpretations of Kant, although Blum’s (...) "sentimentalism" owes more to Schopenhauer than to Hume. It was a forerunner to care ethics, and feminist ethics more generally; to virtue ethics; and to subsequent influential interpretations of Kant that attempted to room for altruistic emotion and friendship, and other forms of particularism and partialism. In addition, the work has been widely influential in religious studies, political theory, bioethics, and feminist ethics. (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)

How should deontological theories that prohibit actions of type K — such as intentionally killing an innocent person — deal with cases of uncertainty as to whether a particular action is of type K? Frank Jackson and Michael Smith, who raise this problem in their paper "Absolutist Moral Theories and Uncertainty" (2006), focus on a case where a skier is about to cause the death of ten innocent people — we don’t know for sure whether on purpose or not — (...) by causing an avalanche; and we can only save the people by shooting the skier. One possible deontological attitude towards such uncertainty is what Jackson and Smith call the threshold view, according to which whether or not the deontological constraint applies depends on our degree of (justified) certainty meets a given threshold. Jackson and Smith argue against the threshold view that it leads to implausible paradoxical moral dilemmas in a special kind of case. In this response, we show that the threshold view can avoid these implausible moral dilemmas, as long as the relevant deontological constraint is grounded in individualistic patient-based considerations, such as what an individual person is entitled to object to. (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)

The field of AI safety aims to prevent increasingly capable artificially intelligent systems from causing humans harm. Research on moral alignment is widely thought to offer a promising safety strategy: if we can equip AI systems with appropriate ethical rules, according to this line of thought, they'll be unlikely to disempower, destroy or otherwise seriously harm us. Deontological morality looks like a particularly attractive candidate for an alignment target, given its popularity, relative technical tractability and commitment to harm-avoidance principles. I (...) argue that the connection between moral alignment and safe behavior is more tenuous than many have hoped. In general, AI systems can possess either of these properties in the absence of the other, and we should favor safety when the two conflict. In particular, advanced AI systems governed by standard versions of deontology need not be especially safe. (shrink)

This chapter argues that if individuals are not morally responsible, then there is no morality. By no morality, I mean that there are no rightMoralityright or wrong actions, no goodMoralitygood or bad states of affairs, and no other things with moral properties or, at perhaps less sweepingly, we do not know whether there are such things. Here I focus on right and wrong actions. My main argument in this chapter is that if people are not morally responsible, then there is (...) no morality as it relates to matters that are up to us or, at least, we don’t know whether there is morality on such matters. When it comes to the right, either consequentialism or non-consequentialismNon-consequentialism is true. Consider consequentialism. If we don’t know whether determinismMoral responsibilitydeterminism is true, then we don’t know whether there are acts that produce more good than any other act available to the agent and hence we don’t know whether there are obligatory or wrong acts. Consider non-consequentialism. If non-consequentialism is true, then people have rights and rights protect autonomyAutonomy. The notion that non-consequentialism depends on rights rests on a consideration of the most plausible non-consequentialist theories. The notion that rights protect autonomy depends on a theory of what best fits and justifies rights. Autonomy is inextricably linked to moral responsibility and, as argued above, people do not have it. (shrink)

It’s commonly thought that we can reasonably oppose serious wrongdoing. For example, deontologist bystanders may prefer that an agent allows the killing of five rather than wrongly killing one as a means to saving the five. But this preference turns out to conflict with caring sufficiently strongly, after the one is killed, that the remaining entirely gratuitous killings are successfully prevented. This surprising incompatibility suggests that, whatever view we accept for ourselves, we cannot want others to abide by deontology.

This book argues that consequentialism and non-consequentialism are false because they face metaphysical and intuitional problems. The two theories exhaust the theories of the right, so there is no rightness. This result matters because it requires us to give up widely held beliefs regarding knowledge, moral responsibility, and reasons for action. -/- The author's argument is unique because it focuses on applied-ethical arguments rather than metaethical issues. Specifically, it avoids metaethical discussions of whether morality explains our thoughts and actions, how (...) we know about morality, and whether the denial of morality is self-defeating. -/- The author specifically argues against consequentialism and non-consequentialism in the following ways: (1) Metaphysical Problems: Consequentialism and non-consequentialism are false because they need a theory of counterfactuals and backtracking that they cannot have. (2) Rights Problems: Non-consequentialism is false because non-consequentialism depends on rights, and people do not have rights. They do not have rights because of problems regarding moral responsibility, right-grounding, and self-ownership. (3) Circularity: Non-consequentialism is false because the basic building blocks of non-consequentialism-desert, rights, and virtue-are circular. -/- Morality Collapses will be of interest to researchers and graduate students working in normative ethics, metaethics, moral responsibility, and political philosophy. (shrink)

There are two alternative approaches to accommodating an agent-centered restriction against, say, φ-ing. One approach is to prohibit agents from ever φ-ing. For instance, there could be an absolute prohibition against breaking a promise. The other approach is to require agents both to adopt an end that can be achieved only by their not φ-ing and to give this end priority over that of minimizing overall instances of φ-ing. For instance, each agent could be required both to adopt the end (...) of minimizing their own promise-breakings and to give this end priority over that of minimizing promise-breakings overall. The former is what I’ll call the side-constraint approach, and the latter is what I’ll call the teleological approach. In this chapter, I argue that, when it comes to accommodating restrictions, we should (1) favor the teleological approach over the side-constraint approach, (2) favor an act-consequentialist approach over a non-consequentialist, teleological approach (such as Rossian pluralism), and (3) favor a Kantsequentialist approach over other act-consequentialist approaches, where Kantsequentialism is a version of act-consequentialism that holds that persons are ends-in-themselves who are inherently and unconditionally valuable and are, thus, owed our respect. (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)

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)

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 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)

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)

It appears to be a feature of our ordinary understanding of morality that we ought not to act in certain ways at all. We ought not to kill, torture, deceive, break our promises (say)—exceptional circumstances apart. Many moral duties are thought of in this way. Killing another person would be wrong even if it achieved a great good, and even if it led to preventing the deaths of several others. This feature of moral thinking is at the core of deontological (...) ethics. But while it is also part and parcel of ordinary moral thought, it seems puzzling, because it requires an agent to act (or to abstain from acting) in certain ways, even if by violating the duty she could achieve a better outcome in terms of the very restriction that she is required to heed. If the explanation of the duty not to kill were that it preserves human life it would be hard to understand why killing is not morally permitted when it leads to preserving a greater number of lives. Moreover, why should we not violate a restriction if doing so leads to fewer violations of that very restriction? There are two questions here. (1) Why not violate a restriction whose point it is to preserve lives, if doing so leads to preserving a greater number of lives? (2) Why not violate a restriction if doing so minimizes the violation of that very restriction? The latter question concerns what is sometimes called ‘the paradox of deontology’ or the problem of ‘minimizing violations’. The former may concern the so-called trolley cases, for instance. After all, a trolley hurtling towards a number of innocent people is not about to violate the moral restriction on killing innocent people, as it is not the kind of thing that can be subject to such a restriction. In this paper I am concerned only with (2): the paradox of deontology. To put it in Nozick’s terms: ‘How can a concern for the nonviolation of C [i.e. some deontological constraint] lead to refusal to violate C even when this would prevent other more extensive violations of C? -/- Samuel Scheffler, puzzled by the same idea, put it in terms of ‘agent-centred restrictions’ (ACR), because the restriction requires an agent (not) to act in certain ways, contrasting thereby with a requirement that certain actions not be done. The restriction is thus an agent-relative rather than an agent-neutral one. Scheffler ended up rejecting the idea of agent-centred restrictions, as even on close investigation the puzzle would not dissolve. Scheffler maintains that ACRs have ‘an air of paradox’ to them, as they violate what he calls maximizing rationality. ACRs appear to clash with the idea of maximizing rationality, because they require an agent to choose the option that worse achieves her goal of not harming people. I call this, following common parlance, the paradox of deontology, even though it is not strictly speaking a paradox. Exploring whether there is really a problem here, and how it might be solved, is the main objective of this paper. I begin by explaining the puzzlement about agent-centred restrictions in more detail. I then discuss promising as an example of a kind of action which is thought to be subject to agent-centred restrictions. It turns out that they are surprisingly easy to explain. The difficult case is killing—and that should put us on guard. I argue that the problem is not with the very idea of deontological restrictions, but with puzzling aspects of the ethics of killing. (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)

Contemporary rationalist ethics, exemplified by Christine Korsgaard's constructivism, attempts to ground moral obligation in the structure of individual rational reflection. This paper argues that such attempts face a fundamental - and insurmountable - difficulty: the "gap problem" between self-regarding and other-regarding reasons. I contend that this gap cannot be bridged because it is generated by a misconceived starting point. Drawing on Merleau-Ponty's phenomenology of intersubjectivity and developing what I call the "Co-Constitution Thesis," I argue that the reflective standpoint from which (...) rationalist ethics begins already presupposes the intersubjective structure it subsequently attempts to derive. A thought experiment concerning an absolutely solitary consciousness - a being for whom the very possibility of another consciousness is inconceivable - reveals that self-consciousness, the normative standpoint, and the concept of reasons are all constitutively intersubjective. The "solitary reflector" is not a legitimate starting point for moral philosophy but a myth - an incoherent abstraction from the intersubjectively constituted reality of selfhood. Once we recognize this, the gap problem dissolves: there is no pre-social self from which we must bridge to obligations toward others. Moral obligation is not derived from individual reflection but disclosed in the structure of reciprocal recognition that makes reflection possible. The central insight can be stated precisely: the Archimedean point of moral philosophy is not the solitary cogito but the intersubjective encounter - not “I think” but “I meet you and find myself obligated.” This analysis has significant implications for metaethics, suggesting that phenomenological approaches can succeed where rationalist derivation strategies systematically fail. (shrink)

This chapter argues that if individuals are not morally responsible, then there is no morality. By no morality, I mean that there are no rightMoralityright or wrong actions, no goodMoralitygood or bad states of affairs, and no other things with moral properties or, at perhaps less sweepingly, we do not know whether there are such things. Here I focus on right and wrong actions. My main argument in this chapter is that if people are not morally responsible, then there is (...) no morality as it relates to matters that are up to us or, at least, we don’t know whether there is morality on such matters. When it comes to the right, either consequentialism or non-consequentialismNon-consequentialism is true. Consider consequentialism. If we don’t know whether determinismMoral responsibilitydeterminism is true, then we don’t know whether there are acts that produce more good than any other act available to the agent and hence we don’t know whether there are obligatory or wrong acts. Consider non-consequentialism. If non-consequentialism is true, then people have rights and rights protect autonomyAutonomy. The notion that non-consequentialism depends on rights rests on a consideration of the most plausible non-consequentialist theories. The notion that rights protect autonomy depends on a theory of what best fits and justifies rights. Autonomy is inextricably linked to moral responsibility and, as argued above, people do not have it. (shrink)