Is it true that utilitarianism can accommodate the modern belief that human beings have certain moral rights against everybody ‘just in virtue of their human nature?’ I should have thought the most a utilitarian could grant was that we had rights just in virtue of the utility of respecting such rights, not just in virtue of our human nature. In fact, that is more like the view Professor Brandt actually supports. What he argues is that there is not the a (...) priori difficulty with the idea of utilitarian moral rights that some philosophers have thought there was. However, I think the possibility of utilitarian moral rights is not the same as the view that we all have human rights against everybody just in virtue of our human nature. As I hear it, ‘just in virtue of our human nature’ is an alternative to a utilitarian basis for rights. I'll return to that. (shrink)

Virtually all philosophers now agree that human beings - and possibly the higher animals - have moral rights in some sense, both special rights against individuals to whom they stand in a special relation, and general rights, against everybody or against the government, just in virtue of their human nature. Some philosophers also think, however, that anyone who is a utilitarian ought not to share this view: there is a fundamental incompatibility between utilitarinism and human rights. Most utilitarians, of course, (...) have not thought there is such an incompatibility. John Stuart Mill, for instance, espoused utilitarianism at the same time that he defended rights to free speech and freedom of action except where it injures others. In what follows I wish to explore some reasons recently put forward to show that the utilitarian who wishes to affirm that there are moral rights faces a serious logical problem; and I shall argue that further analysis shows the alleged difficulty is unreal. (shrink)

As an indirect ethical theory, rule consequentialism first evaluates moral codes in terms of how good the consequences of their general adoption are and then individual actions in terms of whether or not the optimific code authorises them. There are three well-known and powerful objections to rule consequentialism’s indirect structure: the ideal world objection, the rule worship objection, and the incoherence objection. These objections are all based on cases in which following the optimific code has suboptimal consequences in the real (...) world. After outlining the traditional objections and the cases used to support them, this paper first constructs a new hybrid version of consequentialism that combines elements of both act and rule consequentialism. It then argues that this novel view has sufficient resources for responding to the previous traditional objections to pure rule consequentialism. (shrink)

Claims to rights and negotiation about their shape are pervasive in our public and private culture. Rights consciousness is surely desirable and is part and parcel of the transition toward a more democratic world. In this essay I consider the proper placement of moral rights in moral theory. In a famous essay, "Taking Rights Seriously," Ronald Dworkin argues that if it is accepted that individuals have moral rights against their government, that implies serious constraints on the conduct of government and (...) the freedom of a political majority to enforce its wishes through law. I endorse the thesis that individuals have such moral rights and support taking rights seriously in Dworkin's sense. My focus is elsewhere. In this essay I shall argue that moral rights do not and should not figure in our fundamental moral principles; rights enter at the level of subordinate principles. In a very broad way, to take this stand is to side with utilitarians and consequentialists, who see rights as instruments for achieving other values, not moral goals in their own right. (shrink)

For a long time many philosophers felt the incoherence objection was a decisive objection to rule-consequentialism, but that position has recently become less secure, because Brad Hooker has offered a clever new way for rule-consequentialists to avoid the incoherence objection. Hooker’s response defeats traditional forms of the incoherence objection, but this paper argues that another version of the problem remains. Several possible solutions fail. One other does not, but it introduces other problems into the theory. I conclude that the new (...) incoherence objection still poses a major challenge to rule-consequentialism, though not for the reasons usually assumed. It does not constitute a fatal objection to rule-consequentialism but instead highlights a theoretical drawback in the theory which must be taken into account during a more holistic evaluation of rule-consequentialism and its rivals. (shrink)

The notion of rule utilitarianism (a twentieth-century addition to the canon of utilitarian thought) has been discussed under two main headings—ideal-rule utilitarianism and 'indirect' utilitarianism. The distinction between them is often hazy. But we can sketch out each perspective along three different dimensions, contrasting the two conceptions of rule utilitarianism at each of three main hinge points: (1) the grounding of rules, (2) the allowed complexity of rules, (3) the conflict of rules. These two profiles constitute ideal types, but they (...) help us see that we can regiment and focus utilitarian intuitions in two quite distinct ways. An interesting test case is provided by J.S. Mill. He has been associated with each of these perspectives (with a utilitarianism of ideal rules by R.B. Brandt and with indirect utilitarianism by John Gray), but careful attention to Mill's main arguments indicates, I believe, that he adheres to neither consistently, though he is closer to the indirect utilitarian position. (shrink)

Economic approaches to both social evaluation and decision-making are typically Paretian or utilitarian in nature and so display commitments to both welfarism and consequentialism. The contrast between the economic approach and any rights-based social philosophy has spawned a large literature that may be divided into two branches. The first is concerned with the compatibility of rights and utilitarianism seen as independent moral forces. This branch of the literature may be characterized as an example of the broader debate between the teleological (...) and deontological approaches. The second is concerned with the possibility that substantial rights may be grounded in utilitarianism with the moral force of rights being derived from more basic commitments to welfarism and consequentialism. This branch of the literature may be characterized as an exploration of the flexibility of the teleological approach, and, in particular, its ability to give rise to views more normally associated with the deontological approach. This essay is concerned with the second branch of the literature. (shrink)

This chapter addresses the question of what role Mill regards rules as playing in the determination of morally permissible action by drawing on his remarks about instrumentally rational action. First, overviews are provided of consequentialist theories and of the rule-worship or incoherence objection to rule-consequentialist theories. Then a summary is offered of the considerable textual evidence suggesting that Mill’s moral theory is, in fact, a rule-consequentialist one. It is argued, however, that passages in the final chapter of A System of (...) Logic suggest that Mill anticipates and endorses the ruleworship or incoherence objection to rule-consequentialist theories. The chapter concludes by exploring some ways in which this tension in Mill’s thought might be resolved. (shrink)