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Philosophy and Phenomenological Research
Vol. LIX, No. 1, March 1999
Consequentialist moralities ask only that one should act for the best. Accord-
ingly,
These two claims are mutually independent, but each entails the weaker claim
that
Ordinary moral thinking rejects all three claims. These rejections are gener-
ally traced to three distinct rationales, which can be explicated in terms of
highly stylized situations2 in which the sole optimal option of an agent, A,
is an action that renders some, B, better off and some others, C, worse off
than they would have been had A not acted. This does not mean that B/C
become better/worse off than they were before A acted-A's conduct may
merely prevent a deterioration/improvement. But the three rationales emerge
more vividly in cases where A's optimal action would change at least C's
situation (for the worse).
The first rationale, which leads to the rejection of all three claims,
invokes the thought that C has rights that limit what A may or must do to
3 Such rights may have thresholds (giving way when the benefits are large enough) and
may also be alienable. And both possibilities are combinable, as when the threshold
benefits requiredfor permissible infringementof C's right can be reduced or eliminated
through waiver or forfeiture.
4 Samuel Scheffler's discussion in The Rejection of Consequentialism(Oxford University
Press 1982) proceeds much along these lines. Preferring normative over evaluative
terms, he distinguishes between agent-centeredrestrictions, motivated by C's rights, and
agent-centeredprerogatives, allowing A to look out for herself and her own. He ends up
arguing that the prerogatives(involving rejection of (2)) are on much firmerground than
the restrictions(involving rejection of (1)-(3)).
5 Unger stresses how surprisinglycheap it is to save children's lives in the poor countries.
But this fact seems to play no role in his argument:Even if the cost per life were very
much higher, so that with present funding Oxfam and UNICEF could save only a few
lives each year, it would still be seriously wrong not to give.
This principle can easily be misread as follows: "If you impose losses on
others with the result that there is a significantlessening of the serious losses
suffered by others overall (and you consider it all right to do so), then you
must impose and accept smaller or equal losses on yourself for an equivalent
or better result." This principle is indeed quite reasonable, but it is not the
one before us. Nor would it be of any help to Unger, who can assume of his
readers, at best, that we have accepted the permissibility of imposing such
losses on others, not that we have actually imposed such losses. The correct
reading of the principleis then: "If you accept the permissibilityof imposing
losses on others with the result that there is a significant lessening of the
serious losses suffered by others overall, then you must impose and accept
smalleror equal losses on yourself for an equivalentor betterresult."
But this principle is problematic.The antecedentstipulatesmerely that it
is all right to go ahead, not that it is wrong not to do so. It is unclear why
the mere fact that A's action is permissible if A?C should entail that it is
mandatoryin the parallelcase with A=C.7To see this, consider the following
reader'sresponse:"I deem it permissibleto impose such losses on others and
agree that anyone imposing such losses on others ought to impose and accept
like losses on herself. However, I also deem it permissible to decline to
impose such losses on others and hold that anyone who does so decline may
then also decline to impose and accept like losses on herself. Since I myself
have permissibly declined to impose such losses on others, I am permittedto
decline to impose and accept such losses on myself."
In light of this gap in Unger's reasoning, and in the spirit of the name he
has chosen for his principle, let me suggest this weaker rephrasing: A's
declining to act optimally when this involves imposing losses on C for the
6 As I indicated above, a word such as "loss" might suggest merely that someone is worse
off now, after A's act, than she would be now if A had behaved differently or it might
also suggest in addition that she became worse off through A's act than she had been
before A acted. I think Unger here has the second, strongersense in mind.
7 Unger's WeakPrinciple of Ethical Integrity (p. 140) involves the same leap and thus also
seems too strong in this respect.
kill n innocents when doing so is the only way of saving n+m innocents from being killed
by others.
This question suggests what above I had called a quite reasonable principle of ethical
integrity. It entails that whoever takes others' property for the purpose of reducing
serious losses overall must be willing to impose equally severe propertylosses on herself
(and her near and dear) for the same purpose. That our imaginary man runs afoul of this
principle could explain why his conduct is, after all, no better than ours and perhaps
worse.
BOOKSYMPOSIUM193