Paradox of Deontological Constraints

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 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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

The article tries to show that what is often called 'Moderate Deontology' is incoherent.