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:
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Since one is morally obliged to do X only if it is in one's power to do
X (in other words, for K. 'I ought' implies 'I can'), all rational
beings can always satisfy that duty only if morality is internal
to the agent in the sense that a good will (the intention and the sincere
effort to obey the moral law) is all that's required.
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The ground of the moral law cannot rest on any consideration of what's
empirically true of man (or any other rational being), but on a-priori
(i.e., non-empirical) considerations about what it is to have a rational
will.
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:
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The value of a good will is independent of anything external to it: Kant
is not saying that the principles of good willing depend on a non-moral
good at which they aim; rather he is going to determine what
a good will is by appealing to the principles of morality.
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To will is not to desire, but to decide on a course of action; hence,
a good will can be identified with practical reason.
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A decision is morally good only if taken for the sake of one's duty
towards the moral law, because the agent thinks that the intended action
is right.
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Acting for the sake of duty is not merely acting in accordance with
duty. For example, not stealing out of fear of punishment is
not acting for the sake of duty (out of respect for the moral
law “Don't steal.”) The same holds in the case of helping someone
out of love and not out of respect for the moral law
“Help other persons.”
Rationale:
morality is binding on all rational beings all the times; hence, it
must be possible to be moral all the times, so that even the misanthrope
can act morally towards others. This doesn't entail that we cannot do our
duty towards humanity while loving it (as long as our love is not
the motive of our action), but that we can do our duty towards it
even while hating it.
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:
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Only persons (beings capable of acting in accordance with maxims,
i.e., general principles) have a will (practical reason) and can be moral
or immoral; non- persons, e.g., animals, are a-moral, i.e., they're
outside the realm of morality (a cat is not evil for "playing" with the
mouse).
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:
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“Act only on the maxim through which you can at the same time will
that it be a universal law” (Universal law formula)
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“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)
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:
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Hence, a hypothetical imperative carries no implication that
one ought to do what it commands (I might give up the idea of having good
business). By contrast, a categorical imperative
impliesthat
one ought to do what it states.
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Since any consequentialist theory recommends an action or a maxim
(rule) on the basis of the good it produces, it is based not on categorical
imperatives, but on hypothetical ones, and therefore must be rejected.
.
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.”
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Rationale for the law:
it determines maxims which could be adopted by a group of rational
agents without assuming anything specific about their desires,
capacities or social relations, which are merely contingent, dependent
on fortune.
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Application of CI
Presumably, CI provides us with a test to determine what to will,
that is, whether an action is moral, immoral or merely permissible.
However, how this is supposed to work is far from clear, and Kant’s
own examples don't help too much.
A. Test for perfect duties.
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give an adequate formulation of the universal maxim M embodied in your
action. Let N be M's contrary (not M’s contradictory).
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.
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Suppose everyone followed M; then suppose that everyone followed N.
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If only one of M and N is pragmatically self-defeating, then that
one is an immoral maxim and its contrary is obligatory.
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:
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M = neither help people in need, nor seek help when in need.
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N = help people in need and seek help when in need.
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:
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M= always seek pleasure neglecting your talents and skills
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N= never seek pleasure neglecting your talents and skills
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:
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Treating X as a means consists involving X in a course of action to which
X would not in principle consent, that is, a course of action which
is contrary to X’s maxims.
Examples: promise breaking, lying, coercing, etc.
NOTE: these are perfect duties
Problem: how does one deal with cases of false consciousness?
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Treating X as an end consists in supporting (at a minimum not impeding)
X’s capacities to achieve his ends, as long as they don't involve treating
someone merely as a means
NOTE:
These are imperfect duties.
A rational will manifests itself in the link between one's values
and what one does. Treating people as means weakens the link; treating
them as ends enhances it.
Problem: someone is convicted of stealing, and the judge proceeds
to sentence her. Is it necessary that the judge be advancing the prisoner's
ends in sentencing. But the prisoner protests that she doesn't want to
be sentenced; "if you sentence me-she says you will simply be using
me for your (and society's) ends." So, is Kant's theory even compatible
with punishment?
Reply: The prisoner is treated morally as long as the principle
on which the judge acts in sentencing is one that it would be reasonable
for the prisoner to accept. So, even though the prisoner does not want
herself to be sentenced, she shouldn't be opposed to there being laws against
stealing; after all, thieves too don't want their property to be stolen.
So she would will the principle, even if she is not very happy about
its application in this case.
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:
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a rational being, to the extent it is really rational, will find
out what the CI is and follow it.
NOTE: however, humans are very prone to immoral behavior because of:
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impurity, due to the fact that often we follow CI not strictly out of duty
but form mixed (impure) motives e.g., self-interest, love, etc.
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wickedness, due to the fact that often we subordinate moral maxims (i.e.
CI) to non-moral ones
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In following CI, a rational being is autonomous, since one follows
the rational code of behavior which one, insofar as rational, has oneself
created.
NOTE: This is analogous to following rational laws in one's reasoning.
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
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Rigorism.
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.
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ii. Abstraction.
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.