Any adequate account of the distinction between consequentialist and deontological moral systems must take account of the central place given to constraints in the latter. Constraints place limits on what each of us may do in the pursuit of any goal, including the maximisation of the good. There is some debate, however, both over how constraints are to be characterised, and over the rationale for their inclusion in a moral system. Some authors view constraints as agent-relative: a constraint supplies an (...) agent with an agent-relative reason to refrain from acting in the prohibited manner. A reason is agent-relative if it contains an ineliminable back-reference to the agent. On this characterisation, it is natural to suppose that constraints arise because of an agent’s concern with her own agency. There is perhaps, however, an alternative to this agent-focussed rationale: constraints, although characterised in terms of agent-relative reasons, might be best explained and defended via considerations of the potential victim of wrongdoing—yielding a victim- or patient-focussed rationale. Or, perhaps, constraints are not only best defended by a victim-focussed rationale; they are also best characterised by reference to the potential victim. In what follows, we advocate an agent-relative characterisation of, and an agent-focussed rationale for, constraints. We begin by developing a rigorous account of agent-focussed agent-relativity, before turning to consider patient-based approaches. (shrink)

To later generations, much of the moral philosophy of the twentieth century will look like a struggle to escape from utilitarianism. We seem to succeed in disproving one utilitarian doctrine, only to find ourselves caught in the grip of another. I believe that this is because a basic feature of the consequentialist outlook still pervades and distorts our thinking: the view that the business of morality is to bring something about . Too often, the rest of us have pitched our (...) protests as if we were merely objecting to the utilitarian account of what the moral agent ought to bring about or how he ought to do it. Deontological considerations have been characterized as “side constraints,” as if they were essentially restrictions on ways to realize ends. More importantly, moral philosophers have persistently assumed that the primal scene of morality is a scene in which someone does something to or for someone else. This is the same mistake that children make about another primal scene. The primal scene of morality, I will argue, is not one in which I do something to you or you do something to me, but one in which we do something together. The subject matter of morality is not what we should bring about, but how we should relate to one another. If only Rawls has succeeded in escaping utilitarianism, it is because only Rawls has fully grasped this point. His primal scene, the original position, is one in which a group of people must make a decision together. Their task is to find the reasons they can share. (shrink)