Non-consequentialist theories

Non-consequentialist theories claim that what we ought to do is not (or at least not solely) determined by the value of the consequences of what we do.  There are different and conflicting  types of non-consequentialist theories.  Here we shall look at Kant’s deontology and at Divine Command Theory
 

Kant’s Deontology

One way to approach Kant’s theory, is to contrast it with Utilitarianism.  For the latter, moral value and moral agency are derivative from non-moral value, i.e., the good: what's right and what one ought to do depend on how much pleasure is produced.
By contrast, for Kant moral value and moral agency are not derivative from non-moral value: morality is, in this respect, autonomous.
In addition, all rational beings are always and necessarily  duty bound by the moral law: that is, the moral law is universal and necessary.   From this, Kant infers that:

NOTE: these consideration suffice to rule out any from of utilitarianism as inadequate.

1) A good will is the only thing good without qualification independently of its  success. While other capacities, e.g., intelligence, gifts of fortune, talent, can  operate against morality (think of a clever thief), a good will always acts in  accordance with the principles of morality.
 NOTE:

2) The moral worth of a decision lies in the maxim according to which it has been  made, that is, the maxim on the basis of which the will (practical reason) has  operated.
A maxim is a principle of action, i.e., a general rule or policy one follows when  acting, e.g., “Give to charity,” “Tell the truth,” “Act in your own self-interest  only,” “Lie whenever it's advantageous.”
NOTE: 3) A maxim satisfying the Categorical Imperative is an objective maxim (a maxim  which any fully rational agent would follow), and an action stemming from that  maxim is moral.
Kant gives different formulations of the Categorical Imperative which he claims are  equivalent (whether they are is a matter of debate).   Two are especially important:
  1.  “Act only on the maxim through which you can at the same time will that it be a   universal law” (Universal law formula)
  2.  “Treat humanity in your own person or in the person of any other never simply as   a means but always at the same time as an end.” (End in itself formula)

  3.  NOTE: Although strictly speaking there is only one Categorical Imperative, one can   call any maxim which satisfies (1) and/or (2), e.g., “Don’t lie,” a categorical   imperative.
4)  A categorical imperative must be distinguished from a hypothetical imperative, namely one whose justification depends on the perceived good of something  extrinsic to it.  For example, “If you want good business don't cheat your  customers” is a hypothetical imperative because in this case the justification for  the command “don't cheat your customers” depends on the desirability of having  good business.  By contrast, the justification for “Don't cheat” depends on the fact  that it satisfies both the universal and the end in itself formulas.
NOTE: .
5)  The universal law version of CI says “Act only on the maxim through which you can  at the same time  will that it be a universal law.”   A. Test for perfect duties.
  1. give an adequate formulation of the universal maxim M embodied in your action.  Let N be M's contrary (not M’s contradictory).

  2.        example:
           M = every time it's to one's advantage to do so, one lies.
           N = at no time when it's to one's advantage to do so does one lie.
          NOTE: not “not at all times when it's to one's advantage to do so, one lies”, which does not mean the same as N.
  3. Suppose everyone followed M; then suppose that everyone followed N.
  4. If only one of M and N is pragmatically self-defeating, then that one is an immoral maxim and its contrary is obligatory.

  5. Look at the example: M would be pragmatically self defeating if everybody  followed it (who would believe you?).  Hence, M is immoral and N is morally  obligatory, in fact, a perfect duty.
     NOTE: a perfect duty is one which holds for all agents in all actions with all possible other persons.  They are associated with rights (people have a right not be lied to, but no right to be helped).
Consider now M = "always borrow money, but never lend it", and N = "never borrow money, but always lend it."
M would be pragmatically self-defeating if everybody  followed it (borrowers need lenders and vice versa). The same holds for N.     Hence, the requirement that only one of M and N be self-defeating is not satisfied.  So, neither is obligatory, and neither is forbidden.

B. Test for imperfect duties.
  Same as above with one difference: at (3) substitute "incompatible with some basic features of rationality" for "pragmatically self-defeating."
Example 1:

M is incompatible with the successful pursuit of desirable goals, an outcome no  rational being would want.  So, N is an imperfect duty.

Example 2:

M fails the test because a rational being sets ends for himself the satisfaction of which requires talent and skill, intellectual and otherwise.
NOTE: an imperfect duty is one which cannot be satisfied by all agents in all actions towards all persons (e.g., we cannot possibly help everybody).
Problem: consider example 1.  Suppose I'm so well off that I don't need anybody's help to satisfy my goals.  Then, why would M be incompatible with the successful pursuit of my goals ?
Reply: the agent Kant envisages is one whose moral maxims abstract from  the assumption of anything specific about one's desires, capacities or social relations, which are merely contingent, dependent on fortune: the moral agent acts for everyone.

6) The "end in itself" formulation of CI says:  “Treat humanity in your own person or in  the person of any other never simply as a means but always at the same time as an  end.”
 Rationale:
 Since humans act morally and have a rational will, they have intrinsic objective  value and hence they are ends in themselves.  They are, one might say, the only  intrinsic moral values (happiness or pleasure are non-moral values)  Since the value  of everything else is parasitic on that of persons and a means is less valuable than  its end, treating persons as means amounts to denying that they are ends in  themselves, that is, persons.
The meaning of the maxim is made clearer by the following:

7) Since disobeying the CI entails engaging in behavior which when universalized is  either self-defeating or incompatible with some basic features of rationality, the  CI is binding on all rational beings.  Hence: 8) Virtue is a firm disposition to fulfil one's duty (i.e. to follow CI).  Kant distinguishes between  what we might call improper virtue (acting in mere conformity with CI) and proper virtue (acting out of duty).  A mark of virtue is a feeling of joy in performing one's duty.  Note that such feeling is not involved the motive of a moral action.

9) Kant’s view culminates in what he calls “the kingdom of ends.”  Consider a  “systematic union” of all rational beings acting on the basis of good will, i.e., on the  basis of universal and morally necessary laws.  Then, since laws determine ends  with regard to their “universal validity, we shall be able--if we abstract from the  personal differences between rational beings, and also from the content of their  private ends-- to conceive...a kingdom of ends which is possible in accordance with  the above principles [i.e., CI].”
 John Rawls has proposed that we take Kant to ask which maxims we would want to be universal law not from the standpoint of our individual situation (talents, race,  sex, wealth, etc., including conceptions of non-moral good), but from that of a  rational person who doesn't know his own individual situation (this is another way  of saying that in justifying universal maxims, we cannot appeal to our, or anybody's,  individual situation).  Form behind this “veil of ignorance,” we all would choose  those maxims which guarantee that our dignity as persons be satisfied and we be  able to pursue our individual conceptions of non-moral good, whatever they might  be, thus combining the two versions of CI we have considered.
 

10) Problems
 

  1.  Rigorism.

  2.  Kant’s ethics seems case-insensitive .  For example, Kant claims that one  should never lie.  But what should one do when someone's life is at stake?    Should the Danish fisherman smuggling Jews to Sweden tell the truth to the Nazi  officer on the patrol boat?   Most of us would say “no”, but Kant says “yes”.   (Notice that being silent won't do here).  Kant might argue that telling the truth  is a perfect duty (the Nazi has a right not to be lied to) while helping others is an imperfect duty (the Jew hasn't a right to be helped).  But many would find this answer appalling.  Of course one should lie to the Nazi.
     Reply:
     Perhaps Kant overstated the requirements of CI.  “Lie when and only when it is   necessary to save the life of an innocent person” seems to pass the universal   law test because its range is small enough not to destroy the institution of promise keeping, without which the maxim would become self-defeating.
     Even so, it's hard to see how the maxim would satisfy the end in itself version of  CI.
     NOTE: this raises the further problem of the equivalence of the various versions of CI.
     
  3.  ii. Abstraction.

  4.  Kant’s CI is too abstract because it's unable to guide action, i.e., to tell us what   to do in many specific cases.  In this it compares unfavorably with    Utilitarianism.
      Reply:
      It is true that CI doesn't provide any automatic procedure to guide action, but to   a large extent this is true of Utilitarianism as well (the hedonistic calculus is   often prohibitively hard).  Moreover, Kant never denied that moral action requires   deliberation and good judgment.