Consequentialism and Deontology

In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.

This paper discusses the "numbers problem," the problem of explaining why you should save more people rather than fewer when forced to choose. Existing non-consequentialist approaches to the problem appeal to fairness to explain why. I argue that this is a mistake and that we can give a more satisfying answer by appealing to requirements of charity or beneficence.

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 paper surveys the history of consequentialist thinking about the deontic relevance of motives in the period of its development, 1789-1912. If a motive is relevant deontically it is a factor that determines whether the action it leads to is right or wrong. Bentham, Austin, Mill, Sidgwick and Moore all either stated or implied that motives are never relevant deontically. Their related views on moral motivation—or which motives are morally praiseworthy—are also examined. Despite the arguments given by Mill and Moore, (...) it is shown that consequentialism can admit that motives occasionally do make a difference to the rightness of an action. The mistakes made by Mill and Moore are described. An example is given that shows when a motive does make a difference to an act’s rightness. The example draws on work of Bernard Williams. (shrink)

"Meritocracy" has historically been understood in two ways. The first is as an approach to governance. On this understanding, we seek to put meritorious (somehow defined) people into public office to the benefit of society. This understanding has its roots in Confucius, its scope is political offices, and its justification is consequentialist. The second understanding of "meritocracy" is as a theory of justice. We distribute in accordance with merit in order to give people the things that they deserve, as justice (...) demands. This understanding has its roots in Aristotle, its scope is social goods broadly, and its justification is deontological. In this article, I discuss the differences--especially the conceptual differences--between these two, prima facie distinct, meritocratic traditions. I also argue that despite their differences Eastern Meritocracy and Western Meritocracy are harmonious. In Section I of the article I introduce the two meritocratic traditions through, in part, a highly abbreviated history of talk about "merit" and "meritocracy" in Chinese and Western philosophy. In Section II, I discuss a number of conceptual issues and partition meritocratic theories in accordance with their scopes and normative justifications. I also discuss two scenarios. In one scenario, Eastern Meritocracy appears to deliver the right result and Western Meritocracy, the wrong result. In the other scenario, vice versa. Finally, in Section III, I argue that Eastern Meritocracy and Western Meritocracy are each special cases of a single, compelling notion of "meritocracy.". (shrink)

It is widely held that agent-neutral consequentialism is incompatible with deontic constraints. Recently, Kieran Setiya has challenged this orthodoxy by presenting a form of agent-neutral consequentialism that he claims can capture deontic constraints. In this reply, we argue against Setiya's proposal by pointing to features of deontic constraints that his account fails to capture.

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)

Consequentialists say we may always promote the good. Deontologists object: not if that means killing one to save five. “Consequentializers” reply: this act is wrong, but it is not for the best, since killing is worse than letting die. I argue that this reply undercuts the “compellingness” of consequentialism, which comes from an outcome-based view of action that collapses the distinction between killing and letting die.

Commentators disagree about the extent to which Kant’s ethics is compatible with consequentialism. A question that has not yet been asked is whether Kant had a view of his own regarding the fundamental difference between his ethical theory and a broadly consequentialist one. In this paper I argue that Kant does have such a view. I illustrate this by discussing his response to a well-known objection to his moral theory, namely that Kant offers an implicitly consequentialist theory of moral appraisal. (...) This objection was most famously raised by Mill and Schopenhauer, but also during Kant’s time by Pistorius and Tittel. I show that Kant’s response to this objection in the second Critique illustrates that he sees the fundamental difference between his moral theory and a broadly consequentialist one to be one that concerns methodology. (shrink)

Andrew Forcehimes and Luke Semrau argue that agent-relative consequentialism is implausible because in some circumstances it classes an act as impermissible yet holds that the outcome of all agents performing that impermissible act is preferable. I argue that their problem is closely related to Derek Parfit's problem of ‘direct collective self-defeat’ and show how Parfit's plausible solution to his problem can be adapted to solve their problem.

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

Consequentialism is thought to be in significant conflict with animal rights theory because it does not regard activities such as confinement, killing, and exploitation as in principle morally wrong. Proponents of the “Logic of the Larder” argue that consequentialism results in an implausibly pro-exploitation stance, permitting us to eat farmed animals with positive well- being to ensure future such animals exist. Proponents of the “Logic of the Logger” argue that consequentialism results in an implausibly anti-conservationist stance, permitting us to exterminate (...) wild animals with negative well-being to ensure future such animals do not exist. We argue that this conflict is overstated. Once we have properly accounted for indirect effects, such as the role that our policies play in shaping moral attitudes and behavior and the importance of accepting policies that are robust against deviation, we can see that consequentialism may converge with animal rights theory significantly, even if not entirely. (shrink)

-/- This chapter evaluates the ethical issues that using cost-effectiveness considerations to set animal health priorities might present, and its conclusions are cautiously optimistic. While using cost-effectiveness calculations in animal health is not without ethical pitfalls, these calculations offer a pathway toward more rigorous priority-setting efforts that allow money spent on animal well-being to do more good. Although assessing quality of life for animals may be more challenging than in humans, implementing prioritization based on cost-effectiveness is less ethically fraught.

Empirical research into moral decision-making is often taken to have normative implications. For instance, in his recent book, Greene (2013) relies on empirical findings to establish utilitarianism as a superior normative ethical theory. Kantian ethics, and deontological ethics more generally, is a rival view that Greene attacks. At the heart of Greene’s argument against deontology is the claim that deontological moral judgments are the product of certain emotions and not of reason. Deontological ethics is a mere rationalization of these emotions. (...) Accordingly Greene maintains that deontology should be abandoned. This paper is a defense of deontological ethical theory. It argues that Greene’s argument against deontology needs further support. Greene’s empirical evidence is open to alternative interpretations. In particular, it is not clear that Greene’s characterization of alarm-like emotions that are relative to culture and personal experience is empirically tenable. Moreover, it is implausible that such emotions produce specifically deontological judgments. A rival sentimentalist view, according to which all moral judgments are determined by emotion, is at least as plausible given the empirical evidence and independently supported by philosophical theory. I therefore call for an improvement of Greene’s argument. (shrink)

Suppose that you are trying to pursue a morally worthy goal, but cannot do so without incurring some moral costs. At the outset, you believed that achieving your goal was worth no more than a given moral cost. And suppose that, time having passed, you have wrought only harm and injustice, without advancing your cause. You can now reflect on whether to continue. Your goal is within reach. What's more, you believe you can achieve it by incurring—from this point forward—no (...) more cost than it warranted at the outset. If you now succeed, the total cost will exceed the upper bound marked at the beginning. But the additional cost from this point is below that upper bound. And the good you will achieve is undiminished. How do the moral costs you have already inflicted bear upon your decision now? (shrink)

In a recent article, Xiaofei Liu seeks to defend, from the standpoint of consequentialism, the Doctrine of Doing and Allowing: DDA. While there are various conceptions of DDA, Liu understands it as the view that it is more difficult to justify doing harm than allowing harm. Liu argues that a typical harm doing involves the production of one more evil and one less good than a typical harm allowing. Thus, prima facie, it takes a greater amount of good to justify (...) doing a certain harm than it does to justify allowing that same harm. In this reply, I argue that Liu fails to show, from within a consequentialist framework, that there is an asymmetry between the evils produced by doing and allowing harm. I conclude with some brief remarks on what may establish such an asymmetry. (shrink)

It is commonly held that all deontological moral theories are agent-relative in the sense that they give each agent a special concern that she does not perform acts of a certain type rather than a general concern with the actions of all agents. Recently, Tom Dougherty has challenged this orthodoxy by arguing that agent-neutral deontology is possible. In this article I counter Dougherty's arguments and show that agent-neutral deontology is not possible.

Effective altruists recommend that we give large sums to charity, but by far their more central message is that we give effectively, i.e., to whatever charities would do the most good per dollar donated. In this paper, I’ll assume that it’s not wrong not to give bigger, but will explore to what extent it may well nonetheless be wrong not to give better. The main claim I’ll argue for here is that in many cases it would be wrong of you (...) to give a sum of money to charities that do less good than others you could have given to instead, even if it would not have been wrong of you not to give the money to any charity at all. I assume that all the charities under discussion here do positive good overall, do not cause harm, do not infringe rights, etc. What makes my main claim here particularly interesting is that it is inconsistent with what appears to be a fairly common assumption in the ethics of giving, according to which if it is not wrong of you to keep some sum of money for yourself, then it is likewise not wrong of you to donate it to any particular charity you choose. Roughly: if it’s up to you whether to donate the money, it’s also up to you where to donate the money. I challenge this common assumption. (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)

Many authors in ethics, economics, and political science endorse the Lottery Requirement, that is, the following thesis: where different parties have equal moral claims to one indivisible good, it is morally obligatory to let a fair lottery decide which party is to receive the good. This article defends skepticism about the Lottery Requirement. It distinguishes three broad strategies of defending such a requirement: the surrogate satisfaction account, the procedural account, and the ideal consent account, and argues that none of these (...) strategies succeed. The article then discusses and discharges some remaining grounds for resistance to these skeptical conclusions, as well as the possibility of defending a weaker version of a normative lottery principle. The conclusion is that we have no reason to believe that where equal claims conflict, we are morally required to hold a lottery, as opposed to simply picking one of the parties on more subjective grounds or out of pure whim. In addition to the practical consequences of this skeptical view, the article sketches some theoretical implications for debates about saving the greater number and about axiomatic utilitarianism. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

According to the “Textbook View,” there is an extensional dispute between consequentialists and deontologists, in virtue of the fact that only the latter defend “agent-relative” principles—principles that require an agent to have a special concern with making sure that she does not perform certain types of action. I argue that, contra the Textbook View, there are agent-neutral versions of deontology. I also argue that there need be no extensional disagreement between the deontologist and consequentialist, as characterized by the Textbook View.

In The Idea of Justice, Amartya Sen, among other things, discusses certain qualities any adequate theory of justice ought to incorporate. Two important qualities a theory of justice should account for are impartiality/objectivity and sensitivity to consequences. In order to motivate his discussion of sensitivity to consequences, Sen discusses the debate between Krishna and Arjuna from the religio-philosophical Hindu text the Bhagavad Gita. According to Sen, Arjuna represents a sensitivity to consequences while Krishna is an archetypal deontologist. In this paper (...) it will be argued that Sen's interpretation of the Gita is inaccurate. Further, a more adequate interpretation will be presented. What will be of significance is that the more adequate interpretation actually demonstrates the importance of an impartial spectator in moral reasoning. Finally, there will be a discussion of some lessons that can be taken from the Gita regarding justice generally. (shrink)

In this review of Brooke Harrington's edited collection of essays on deception, written by people from different disciplines and giving us a good "status report" on what various disciplines have to say about deception and lying, I reject social psychologist Mark Frank's taxonomy of passive deception, active consensual deception, and active non-consensual deception (active consensual deception is not deception), as well as his definition of deception as "anything that misleads another for some gain" ("for gain" is a reason for engaging (...) in deception, not part of its definition). I also take issue with management professor Guido Mollering's claim that all deception involves a violation of trust. (shrink)

In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this regard, has still been (...) under appreciated—even though Scanlon makes what he once called “moral motivation” central, throughout his work. My first aim, then, is to do my best to draw out and make vivid this appeal. I will do this by first considering the two questions that Scanlon thinks must be addressed by any moral theory, what he once called “the question of subject matter” and “the question of motivation.” I will spend some time first locating and explicating the second question, of motivation, and then displaying Scanlon’s answer to it—it is this answer which provides contractualism with its under-appreciated appeal. I will then return to the question of subject matter—which will, by that point, have been revealed as not wholly distinct from the question of motivation, as Scanlon understands it. But it is as an answer to this question that Scanlon’s theory is most often.. (shrink)

Define teleology as the view that requirements hold in virtue of facts about value or goodness. Teleological views are quite popular, and in fact some philosophers (e.g. Dreier, Smith) argue that all (plausible) moral theories can be understood teleologically. I argue, however, that certain well-known cases show that the teleologist must at minimum assume that there are certain facts that an agent ought to know, and that this means that requirements can't, in general, hold in virtue of facts about value (...) or goodness. I then show that even if we grant those 'ought's teleology still runs into problems. A positive justification of teleology looks like it will require an argument of this form: O(X); if X, then O(Y); therefore O(Y). But this form of argument isn't in general valid. I conclude by offering two positive suggestions for those attracted to a teleological outlook. (shrink)

Recently there has been a somewhat surprising interest among Kantian theorists in the moral standing of animals, coupled with a no less surprising optimism among these theorists about the prospect of incorporating animal moral standing into Kantian theory without contorting its other attractive features. These theorists contend in particular that animal standing can be incorporated into Kantian moral theory without abandoning its logocentrism: the claim that everything that is valuable depends for its value on its relation to rationality. In this (...) essay I raise doubts about the prospects for accommodating animal moral standing within a logocentric Kantianism. I argue instead that the best way to incorporate animal moral standing into Kantian theory is to admit more radical departures from Kant’s position by maintaining that consciousness is a locus of moral standing independent from rationality. I propose that we should attribute moral standing to all conscious animals because the capacity of consciousness is the criterion distinguishing individuals whose well-being generates reasons from individuals whose well-being fails to do so. We need such a criterion because we speak of the well-being of things, such as artifacts and meteorological phenomena, which clearly lack moral standing. Having already argued against the Kantian view that the criterion of moral standing is rationality, I proceed to argue that consciousness is also superior to its other principal rival for the criterion of moral standing: life. On the view that emerges from this discussion, we have obligations to show concern for conscious individuals by treating their well-being as providing us with reasons for action; the view thus endorses the criterion of moral standing typically advanced by utilitarians. On this view we also have a distinct class of obligations to show respect for conscious rational individuals; the view thus endorses the Kantian claim that persons have a distinctive moral status in virtue of their possession of rational capacities. In this essay thus begin to show how a principal insight of each leading approach to modern moral theory may be captured in a unified theory. (shrink)

One popular line of argument put forward in support of the principle that the right is prior to the good is to show that teleological theories, which put the good prior to the right, lead to implausible normative results. There are situa- tions, it is argued, in which putting the good prior to the right entails that we ought to do things that cannot be right for us to do. Consequently, goodness cannot (always) explain an action's rightness. This indicates that (...) what is right must be determined independently of the good. In this paper, I argue that these purported counterexamples to teleology fail to establish that the right must be prior to the good. In fact, putting the right prior to the good can lead to sets of ought statements which potentially con- flict with the principle that ‘ought’ implies ‘can’. I argue that no plausible ethical theory can determine what is right independently of a notion of value or goodness. Every plausible ethical theory needs a mapping from goodness to rightness, which implies that right cannot be prior to the good. (shrink)

Ideal rule utilitarianism says that a moral code C is correct if its acceptance maximizes utility; and that right action is compliance with C. But what if we cannot accept C? Rawls and L. Whitt suggest that C is correct if accepting C maximizes among codes we can accept; and that right action is compliance with C. But what if merely reinforcing a code we can't accept would maximize? G. Trianosky suggests that C is correct if reinforcing it maximizes; and (...) that right action is action that has the effect of reinforcing compliance with C. I object to this and argue that C is correct if both accepting and reinforcing C would maximize and if C is reinforcible; and that right action consists in coming as close as possible to perfect acceptance of and compliance with C. (shrink)

Deception of subjects is used frequently in the social sciences. Examples are provided. The ethics of experimental deception are discussed, in particular various maneuvers to solve the problem. The results have implications for the use of deception in the biomedical sciences.

This paper connects two ideas. The first is that some common responses to ethical views are responses to their degrees of pragmatism, where a view’s degree of pragmatism is its sensitivity to ethically relevant changes in the actor’s circumstances. I claim that we feel the pull of opposing pro-pragmatic and antipragmatic intuitions in certain cases. This suggests a project, of searching for an ethical view capable of doing justice to these opposing intuitions in some way. The second central idea is (...) that a theory of pattern-based reasons looks more promising than the obvious alternatives to fulfil this role, amongst Teleological theories at least. Pattern-based reasons are reasons to perform some action because of the goodness or rightness of a larger pattern of action—such as a pattern that a group could perform or that the actor could perform over an extended period—of which the immediate action is a mere part. Existing theories of such reasons share two features that prevent them explaining the intuitions we wish to explain: they consider only one pattern at a time (they are monist), and they treat patterns as eligible only if the agents concerned are willing to realise them (they accept the Willingness Requirement). But we need not accept these doctrines. Moreover, a theory of patternbased reasons without them is able to explain the pro- and anti-pragmatic intuitions in an elegant way, and has other attractive features. (shrink)

This paper starts by juxtaposing the normative ethics in the final part of Parfit's final book, On What Matters, vol. 3, with the normative ethics in his earlier books, Reasons and Persons and On What Matters, vol. 1. The paper then addresses three questions. The first is, where does the reflective-equilibrium methodology that Parfit endorsed in the first volume of On What Matters lead? The second is, is the Act-involving Act Consequentialism that Parfit considers in the final volume of On (...) What Matters as plausible as Rossian deontology? The third is, how is the new argument that Parfit puts forward for Rule Consequentialism supposed to work? (shrink)

The centennial of Dewey & Tuft’s Ethics (1908) provides a timely opportunity to reflect both on Dewey’s intellectual debt to utilitarian thought, and on his critique of it. In this paper I examine Dewey’s assessment of utilitarianism, but also his developing view of the good (ends; consequences), the right (rules; obligations) and the virtuous (approbations; standards) as “three independent factors in morals.” This doctrine (found most clearly in the 2nd edition of 1932) as I argue in the last sections, has (...) significant forward-going implications for debates in ethics, insofar as it functions to deflate debates among ethicists that turns on claims about the conceptual primacy of any one of these three ethical concepts over the other two. To find what “permanent value each group contributes to the clarification and direction of reflective morality” was the task Dewey set for himself. But to carry that project through demands showing also why the application of considerations of ends, rules, and virtues to problems of practice is not quite as many self-described utilitarians, deontologists, and virtue ethicists conceive it. (shrink)