Priority setting in healthcare is a highly contentious area of public decision making, in which different values often support incompatible policy options and compromise can be elusive. One promising approach to resolving priority-setting conflicts divides the decision-making process into two steps. In the first, a set of eligible options is identified; in the second, one of those options is chosen by a deliberative process. This paper considers the first step, examining proposals for identifying a set of options eligible for deliberation. (...) It focuses on the approach proposed by Anders Herlitz, which limits deliberation to options that are on a par; neither better or worse than, nor strictly equal to the alternatives. Once these “maximal” options are identified, the choice among them is made though a deliberative process that acknowledges the difficult tradeoffs which must be made. While parity and kindred notions are clearly useful in resolving some priority-setting conflicts, this paper argues that the conflicts that arise in setting priorities make it as difficult to decide which options are on a par as it is to decide among those options. The paper draws on priority-setting debates that occurred during the recent pandemic to illustrate the challenges in identifying eligible options: There may be sharp disagreement about how to understand and individuate relevant values; about whether certain values are relevant in a priority-setting context; about how to establish parity between “consequential” and “deontic” options, and about whether one option remains on a par with others after it is modified in various ways. (shrink)

To consequentialize a deontological moral theory is to give a theory which issues the same moral verdicts, but explains those verdicts in terms of maximizing or satisficing value. There are many motivations for consequentializing: to reconcile plausible ideas behind deontology with plausible ideas behind consequentialism, to help us better understand deontological theories, or to extend deontological theories beyond what intuitions alone tell us. It has proven difficult to consequentialize theories that allow for moral dilemmas or that deny that “ought” implies (...) “can.” This article argues that the problem is best solved by allowing impossible actions as inputs into consequentializations. It shows that all other approaches that have been advocated are inadequate. It also argues that progress in consequentialization, and in formal ethics more generally, requires thinking about more than just wrongness and permissibility; we should think about contrary-to-duty obligations and degrees of wrongness as well. (shrink)

I propose and defend a novel view called “de se consequentialism,” which is noteworthy for two reasons. First, it demonstrates—contra Doug Portmore, Mark Schroeder, Campbell Brown, and Michael Smith, among others—that agent-neutral consequentialism is consistent with agent-centered constraints. Second, it clarifies the nature of agent-centered constraints, thereby meriting attention from even dedicated nonconsequentialists. Scrutiny reveals that moral theories in general, whether consequentialist or not, incorporate constraints by assessing states in a first-personal guise. Consequently, de se consequentialism enacts constraints through the (...) very same feature that nonconsequentialist theories do. (shrink)