In ‘Measuring the Consequences of Rules’, Holly Smith presents two problems involving the indeterminacy of compliance, which she takes to be fatal for all forms of rule-utilitarianism. In this reply, I attempt to dispel both problems.

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)

Most plausible moral theories must address problems of partial acceptance or partial compliance. The aim of this paper is to examine some proposed ways of dealing with partial acceptance problems as well as to introduce a new Rule Utilitarian suggestion. Here I survey three forms of Rule Utilitarianism, each of which represents a distinct approach to solving partial acceptance issues. I examine Fixed Rate, Variable Rate, and Optimum Rate Rule Utilitarianism, and argue that a new approach, Maximizing Expectation Rate Rule (...) Utilitarianism, better solves partial acceptance problems. (shrink)

Scalar Utilitarianism eschews foundational notions of rightness and wrongness in favor of evaluative comparisons of outcomes. I defend Scalar Utilitarianism from two critiques, the first against an argument for the thesis that Utilitarianism's commitments are fundamentally evaluative, and the second that Scalar Utilitarianism does not issue demands or sufficiently guide action. These defenses suggest a variety of more plausible Scalar Utilitarian interpretations, and I argue for a version that best represents a moral theory founded on evaluative notions, and offers better (...) answers to demandingness concerns than does the ordinary Scalar Utilitarian response. If Utilitarians seek reasonable development and explanation of their basic commitments, they may wish to reconsider Scalar Utilitarianism. (shrink)

Recently two distinct forms of rule-utilitarianism have been introduced that differ on how to measure the consequences of rules. Brad Hooker advocates fixed-rate rule-utilitarianism, while Michael Ridge advocates variable-rate rule-utilitarianism. I argue that both of these are inferior to a new proposal, optimum-rate rule-utilitarianism. According to optimum-rate rule-utilitarianism, an ideal code is the code whose optimum acceptance level is no lower than that of any alternative code. I then argue that all three forms of rule-utilitarianism fall prey to two fatal (...) problems that leave us without any viable form of rule-utilitarianism. (shrink)

ABSTRACT Broome and others have argued that it makes no sense, or at least that it cannot be true, to say that it is better for a given person that he or she exist than not. That argument can be understood to suggest that, likewise, it makes no sense, or at least that it cannot be true, to say that it is worse for a given person that he or she exist than that he or she never have existed at (...) all. This argument is of critical importance to the question of whether consequentialist theory should take a traditional, aggregative form or a less conventional, person‐affecting, or person‐based, form. I believe that, potentially, the argument represents a far more serious threat to the person‐based approach than does, for example, Parfit's two medical programmes example. Parfit's example nicely illustrates the distinction between aggregative and person‐based approaches and raises important questions. But the example — though not, I think, by Parfit — is sometimes pressed into service as a full‐fledged counterexample against the person‐based approach. As such, I argue, the example is not persuasive. In contrast, the Broomeian argument, if correct, is definitive. For that argument relies on certain metaphysical assumptions and various uncontroversial normative claims — and hence nicely avoids putting into play the controversial normative claims that lie at the very heart of the debate. The purpose of the present paper, then, is to evaluate the Broomeian argument. I argue that this potentially definitive challenge to a person‐based approach does not in fact succeed. (shrink)

In this paper I propose to set out, and argue for, a theory of what makes acts morally permissible. The claims about morality that I shall be advancing will be minimalist. By this I mean that the scope of the theory will be restricted to as small a class of acts or courses of action as possible, and its bearing on the members of that class to as narrow a range of characteristics as possible. My starting point is that, as (...) Dostoevsky put it, 'everything is permitted'– unless there prove to be good reasons why it cannot be. (shrink)

Recent formulations of rule-consequentialism have attempted to select the ideal moral code based on realistic assumptions of imperfect acceptance. But this introduces further problems. What assumptions about acceptance would be realistic? And what criterion should we use to identify the ideal code? The solutions suggested in the recent literature all calculate a code's value using formulas that stipulate some uniform rate of acceptance. After pointing out a number of difficulties with these approaches, I introduce a formulation of RC on which (...) non-uniform acceptance rates are calculated rather than stipulated. In addition to making more realistic assumptions about acceptance rates, Calculated Rates RC has several other advantages: it gives equal consideration to both acceptance and compliance rates and it brings RC more in line with our intuitive ways of thinking about rules and their consequences. (shrink)

The basic idea of rule-utilitarianism is that right action should be defined in terms of what would be required by rules which would maximize either actual or expected utility if those rules gained general acceptance, or perhaps general compliance. Rule-utilitarians face a dilemma. They must characterize 'general acceptance' either as 100% acceptance, or as something less. On the first horn of the dilemma, rule-utilitarianism in vulnerable to the charge of utopianism; on the second, it is open to the charge of (...) arbitrariness and lack of philosophical depth. I press this objection, and develop and defend an alternative version of rule-utilitarianism which can evade the dilemma. I call this new version 'variable-rate rule-utilitarianism'. (shrink)

Consequentialism is the family of theories that holds that acts are morally right, wrong, or indifferent in virtue of their consequences. Less formally and more intuitively, right acts are those that produce good consequences. A consequentialist theory includes at least the following three elements: an account of the properties or states in virtue of which consequences make actions right, wrong, or indifferent; a deontic principle which specifies how or to what extent the properties or states must obtain in order for (...) an action to be right, wrong, or indifferent; and finally, a specification of what is in the domain of the deontic principle. For example, mental state and desire theories provide different accounts of the first element; maximizing and satisficing are distinct deontic principles; and Act and Rule Consequentialism specify different domains over which a deontic principle ranges. A wide range of alternative theories can be generated by modifying these three elements. For example, Hedonistic Act Utilitarianism which requires that each act maximize pleasure, and Perfectionist Lifetime Minimalism which requires that each life satisfy some minimal standard of perfection are both varieties of Consequentialsm. The conceptual space Consequentialism describes is vast, versions of Consequentialism vary radically in their plausibility, and few objections count against all versions of Consequentialism. (shrink)

Fixed-rate versions of rule-consequentialism and rule-utilitarianism evaluate rules in terms of the expected net value of one particular level of social acceptance, but one far enough below 100% social acceptance to make salient the complexities created by partial compliance. Variable-rate versions of rule-consequentialism and rule-utilitarianism instead evaluate rules in terms of their expected net value at all different levels of social acceptance. Brad Hooker has advocated a fixed-rate version. Michael Ridge has argued that the variable-rate version is better. The debate (...) continues here. Of particular interest is the difference between the implications of Hooker's and Ridge's rules about doing good for others. (shrink)

In the 1960’s, Lars Bergström and Hector-Neri Castañeda noticed a problem with alternative acts and consequentialism. The source of the problem is that some performable acts are versions of other performable acts and the versions need not have the same consequences as the originals. Therefore, if all performable acts are among the agent’s alternatives, act consequentialism yields deontic paradoxes. A standard response is to restrict the application of act consequentialism to certain relevant alternative sets. Many proposals are based on some (...) variation of maximalism, that is, the view that act consequentialism should only be applied to maximally specific acts. In this paper, I argue that maximalism cannot yield the right prescriptions in some cases where one can either (i) form at once the intention to do an immediate act and form at a later time the intention to do a succeeding act or (ii) form at once the intention to do both acts and where the consequences of (i) and (ii) differ in value. Maximalism also violates normative invariance, that is, the condition that if an act is performable in a situation, then the normative status of the act does not depend on what acts are performed in the situation. Instead of maximalism, I propose that the relevant alternatives should be the exhaustive combinations of acts the agent can jointly perform without performing any other act in the situation. In this way, one avoids the problem of act versions without violating normative invariance. Another advantage is that one can adequately differentiate between possibilities like (i) and (ii). (shrink)

The central problem for normative ethics is the conflict between a consequentialist view--that morality requires promoting the good of all--and a belief that the rights of the individual place significant constraints on what may be done to help others. Standard interpretations see Kant as rejecting all forms of consequentialism, and defending a theory which is fundamentally duty-based and agent-centered. Certain actions, like sacrificing the innocent, are categorically forbidden. In this original and controversial work, Cummiskey argues that there is no defensible (...) basis for this view, that Kant's own arguments actually entail a consequentialist conclusion. But this new form of consequentialism which follows from Kant's theories has a distinctly Kantian tone. The capacity of rational action is prior to the value of happiness; thus providing justification for the view that rational nature is more important than mere pleasures and pains. (shrink)

One of the major arguments against Act consequentialism is that it has counterintuitive implications in many kinds of cases. One of the methods of avoiding these counterintuitive verdicts is through the use of a “Generalization Argument” such as that proposed by Marcus Singer in his (1961) book Generalization in Ethics, which is intended to be an improved version of the traditional “What if everyone did that?” approach to moral theory. This Generalization Argument, however, also has counterintuitive implications due to over-generalizing. (...) In the spirit of his nomenclature, I thus propose that a form of consequentialism that partially generalizes, in a sense explained below, can avoid some of these counterintuitive results. The purpose of my proposing this new theory is to explore the idea of using some filter to sort actions into the categories of permissible vs. impermissible, and then use a consequentialist maximizing framework to choose between only the permissible options. (shrink)

Virtue consequentialism has been held by many prominent philosophers, but has never been properly formulated. I criticize Julia Driver's formulation of virtue consequentialism and offer an alternative. I maintain that according to the best version of virtue consequentialism, attributions of virtue are really disguised comparisons between two character traits, and the consequences of a trait in non-actual circumstances may affect its actual status as a virtue or vice. Such a view best enables the consequentialist to account for moral luck, unexemplified (...) virtues, and virtues and vices involving the prevention of goodness and badness. (shrink)

My theory of biocentric consequentialism is first shown not to be significantly inegalitarian, despite not advocating treating all creatures equally. I then respond to Carter's objections concerning population, species extinctions, the supposed minimax implication, endangered interests, autonomy and thought-experiments. Biocentric consequentialism is capable of supporting a sustainable human population at a level compatible with preserving most non-human species, as opposed to catastrophic population increases or catastrophic decimation. Nor is it undermined by the mere conceivable possibility of counter-intuitive implications. While Carter (...) shows that value-pluralism need not be riddled with contradictions, his version still introduces some, and faces further problems. Thus consequentialist theories may be needed to sift our values, at least if our values are commensurable. Carter's apparent suggestion that monistic theories such as biocentric consequentialism can never be harnessed to rich theories of value and must each myopically give undue prominence to a single value is questioned. (shrink)

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I argue that rule consequentialism sometimes requires us to act in ways that we lack sufficient reason to act. And this presents a dilemma for Parfit. Either Parfit should concede that we should reject rule consequentialism (and, hence, Triple Theory, which implies it) despite the putatively strong reasons that he believes we have for accepting the view or he should deny that morality has the importance he attributes to it. For if morality is such that we sometimes have decisive reason (...) to act wrongly, then what we should be concerned with, practically speaking, is not with the morality of our actions, but with whether our actions are supported by sufficient reasons. We could, then, for all intents and purposes just ignore morality and focus on what we have sufficient reason to do, all things considered. So if my arguments are cogent, they show that Parfit’s Triple Theory is either false or relatively unimportant in that we can, for all intents and purposes, simply ignore its requirements and just do whatever it is that we have sufficient reason to do, all things considered. (shrink)

Early Confucian ethics can best be understood as character consequentialism, an ethical theory concerned with the effects actions have upon the cultivation of virtues and which concentrates on certain psychological goods, particularly certain kinship relationships which it regards not only as intrinsically but also instrumentally valuable, as the source of more general social virtues. According to character consequentialism, the way to maximize the good is to maximize the number of virtuous individuals in society, but because human virtues cannot be cultivated (...) by pursuing their good consequences directly, they must be sought as expressions of a life ideal. This ideal entails developing one's nature to fulfill Heaven's design. (shrink)