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Lundeen/Pointer/Spraker
Deontology Good
(Germain and Russell, Absolutism and its Consequentialist Critics, ed. Haber, p. 2526)
If there are no ethical absolutes, human persons, rather than being the
norm and source from which other things receive their value, become
simply items or commodities with a relative value-- inviolable only up to
the point at which it is expedient to violate them in order to achieve an
objective. It would then make no sense at all to speak of the immeasurable
value of the human person from being. Far from being immeasurablethat
is, beyond calculationthe value of a person would be quite specific and
quantifiable, something to be weighed in the balance against other
values.
source of rights are, whether natural or by convention). John Locke defined rights as prima facie entitlements,
which means that anyone who would restrict my rights bears the burden of proving that there are good reasons for
doing so. For example, the right to private property is sometimes trumped by the principle of eminent domain,
provided that I too stand to gain by seizure of my land. My right to free speech is limited by the harm it might cause
Side Constraints
Even if we should evaluate consequences, there should be
absolute side constraints on deliberately harming innocent
people.
Fried, Professor of law @ Harvard, 94
(Charles, Absolutism and its Consequentialist Critics, ed. Haber, p. 74)
The opposing conception of right and wrong, the conception that there are
some things we must not do no matter what good we hope to accomplish,
has always stood as a provocation and a scandal to consequentialism. If a
state of the world is the best possible state and we bring it about at the least
possible cost, what else can matter? Yet the opposing conception (the
deontological) holds that how one achieves one's goals has a moral
significance which is not subsumed in the importance and magnitude of
the goals. Whether we get to the desired end state by deliberately
hurting innocent people, by violating their rights, by lies and violence, is
intensely important. And yet the deontologist does not deny that states of the
world are sources of value and even agrees that the good inherent in states of the
world (including our own states of mind) is the only good. If a happy state of the
world existed that had been brought about through wrong and violation of
right, and if those wrongs could no longer be righted, there is nothing that says
that this happiness would not count as real happiness and should not be enjoyed;
still, if this happiness had been ours to choose only by wrongful means, we would
have had to wave it away. We would have to wave it away because right
and wrong are the foundations of our moral personality. We choose our
goods, but if what we choose is to have value as a good, then the entity doing
the choosing must have value, and the process of choice must be such that
what comes out of it has value. In the view I shall elaborate, right and wrong
have an independent and overriding status because they establish our
basic position as freely choosing entities. That is why nothing we choose
can be more important than the ground'right and wrongfor our
choosing. Right and wrong are the expressions of respect for personsrespect for
others and self-respect.
You should never commit a sure evil to avoid a possible oneconsequentialist logic can be manipulated, and other actions
can be taken to mitigate or avoid their disads.
Gewirth, Professor of Philosophy @ The University of Chicago,
84
(Alan, Absolutism and its Consequentialist Critics, ed. Haber, p. 138-139)
6. There is, however, another side to this story. What of the thousands of
innocent persons in the distant city whose lives are imperilled by the
threatened nuclear explosion? Don't they too have rights to life which,
because of their numbers, are far superior to the mother's right? May they not
contend that while it is all very well for Abrams to preserve his moral purity by not
killing his mother, he has no right to purchase this at the expense of their lives,
Intervening Action
The principle of intervening action means we arent morally
culpable for the reaction or backlash of other parties.
Alan Gewirth, Professor of Philosophy @ The University of
Chicago, 1982
(Human Rights: Essay on Justification and Application. Pg. 230)
The required supplement is provided by the principle of intervening
action. According to this principle, when there is a casual connection
between some person As performing some action (or inaction) X and
some other person Cs incurring a certain harm Z, As moral responsibility
for Z is removed if, between X and Z, there intervenes some other action Y
of some person B who knows the relevant circumstances of his action and
who intends to produce Z or who produces Z through recklessness. The
reason for this removal is that Bs intervening action Y is more direct of proximate
cause of Z and, unlike As action (or inaction), Y is the sufficient condition of Z as it
actually occurs. An example of this principle may help to show its connection with
the absolutist thesis. Martin Luther King Jr. was repeatedly told that because
he led demonstrations in support of civil rights, he was morally
responsible for the disorders, riots, and deaths that ensued and that were
shaking the American Republic to its foundations. By the principle of
intervening action, however, it was Kings opponents who were
responsible because their intervention operated as the sufficient
conditions of the riots and injuries. King might also have replied that the
Republic would not be worth saving if the price that had to be paid was
the violation of the civil rights of black Americans. As for the rights of the
other Americans to peace and order, the reply would be that these rights
cannot justifiably be secured at the price of the rights of blacks.
Critical Consequentialism
You should adopt critical consequentialism- examine every
possible alternative before taking unethical action. This is the
only way to avoid atrocities.
Blum, Assistant Professor of Law at Harvard, 2008
[Gabriella, The Laws of War and the Lesser Evil, Harvard Law School Faculty
Scholarship Series, Paper 24,http://lsr.nellco.org/harvard/faculty/papers/24,
Accessed 7/11/13]
To be truly justified, a net utilitarian calculation is insufficient; the actor,
instead, must be able to show that she had chosen the least possible
harmful mean that could avert the greater evil, without jeopardizing the
success of the military mission. This further condition is intended to supplement the
causal connection between the violation and the aversion of harm and to ensure
that the lesser evil justification is not used to mask unnecessary atrocities. The
domestic necessity defense does not require this condition; instead, it offers only a
vague proportionality test. The joint necessity-duress clause in the ICC Rome
Statute includes a similarly broader test, namely that the person acts necessarily
and reasonably to avoid this threat. Both the domestic necessity and the ICC
necessity operate only when the defendant has acted against an imminent threat.
But where a government chooses in an non-imminent, premeditated decision to
break the law, it supposedly can and should assess the full ramifications of the
violation, including by considering less harmful means, whether legal or illegal
themselves. In the Early Warning case, the High Court of Justice addressed the
possible use of loudspeakers as an alternative to the reliance on civilians. The IDFs
position, to recall, was that the use of loudspeakers would call attention to the
forces operating, thereby increasing the risk of all-round escalation. It is unclear to
what extent this alternative affected the final decision of the judges, and whether
the Court ultimately struck down the procedure despite deferring to the IDFs
judgment on this particular issue. The use of torture, so it is commonly agreed by
those who are willing to accept it as necessary under certain circumstances, must
be restricted to those cases where a similar outcome could not be achieved by any
other means. Consequently, if any less harmful measure (for instance, detention,
the taking of hostages, or even the threat of using torture) would have had a similar
probability of success, torture would be unjustifiable. This requirement would
also exclude certain atrocities from consideration under the humanitarian
necessity paradigm altogether. Consider, for instance, the crime of rape: It is
impossible to imagine any scenario in which the raping of an individual would be
the least harmful way to achieve a certain goal. If anything less than killing is
possible, there must be a range of less harmful means to avert the harm
the infliction of which is allowed under the law. The less harmful means
requirement casts the largest shadow over the attacks on Hiroshima, and
particularly, Nagasaki. Was it indeed impossible to avert Operation Downfall by
using less disastrous means? Or were some scientists, who argued that inviting UN
representatives for a live demonstration of the explosion in the desert, correct in
arguing that this option had to be tried out first, before dropping the bomb on
densely populated cities? Does the insistence of the Emperor on conditional
The Spanish flu of 1918 killed 25-50 million people. World War II
killed 60 million people. 107 is the order of the largest catastrophes in humanity's written history.
Substantially larger numbers, such as 500 million deaths, and especially
qualitatively different scenarios such as the extinction of the entire human
species, seem to trigger a different mode of thinkin g - enter into a "separate
existential risks.
magisterium". People who would never dream of hurting a child hear of an existential risk, and say, "Well, maybe
the human species doesn't really deserve to survive."There is a saying in heuristics and biases
that people
"Extinction of humanity", as
words on paper, appears in fictional novels, or is discussed in philosophy books - it belongs to a
different context than the Spanish flu. We evaluate descriptions of events,
not extensions of events. The clich phrase end of the world invokes the
magisterium of myth and dream, of prophecy and apocalypse, of novels
and movies. The challenge of existential risks to rationality is that, the
catastrophes being so huge, people snap into a different mode of thinking.
Human deaths are suddenly no longer bad, and detailed predictions
suddenly no longer require any expertise, and whether the story is told
with a happy ending or a sad ending is a matter of personal taste in
stories.
people will discuss the extinction of humanity with perfect calm.
Tyranny of Survival
Sole focus on survival destroys value to life and is always used
to justify the worst atrocities.
Callahan, Fellow at the Institute of Society and Ethics, 1973 (Daniel, The
Tyranny of Survival, Pages 91-93)
The value of survival could not be so readily abused were it not for its evocative power. But abused it has been. In
the name of survival, all manner of social and political evils have been committed against the rights of individuals,
This policy was later upheld by the Supreme Court in Korematsu v. United States (1944) in a general consensus that
that survival has been evokes as a final and unarguable value. The main rationale B.F. Skinner offers in Beyond
Freedom and Dignity for the controlled and conditioned society is the need for survival. For Jaques Monod, in
Chance and Necessity, survival requires that we overthrow almost all known religious, ethical, and political system.
the survival of the gene pool has been put forward as grounds for
a forceful prohibition of bearers of offensive genetic traits from marrying
and beating children. Some have suggested we do the cause of survival no good by our misguided
In genetics,
medical efforts to find means to find means by which those suffering from such common genetically based diseases
as diabetes can live a normal life and thus procreate more diabetics. In the field of population and environment, one
enacted population-control policies For all these reasons, it is possible to counterpoise over against the need for
moral stress of the principle of equity is primarily on equal sharing, and only secondarily on what is being shared.
war undergoing torture is to be a (perhaps dead) patriot even when reason tells him that collaboration will hurt no
one, he remains silent. Similarly, if one is to be moral, one distributes available food in equal shares (even
if
one might not be able to argue for unequal distribution of food to save a nationfor nations can come and goone
might well argue that unequal distribution is necessary for the survival of the human species. That is, some large
groupsay one-third of present world populationshould be at least well-nourished for human survival.
Consequentialism/Util Good
(Jeffrey C, Dissent Magazine, 49(2), Ends, Means, and Politics, Spring, Proquest)
As writers such as Niccolo Machiavelli, Max Weber, Reinhold Niebuhr, and Hannah
Arendt have taught, an unyielding concern with moral goodness undercuts
political responsibility. The concern may be morally laudable, reflecting a kind
of personal integrity, but it suffers from three fatal flaws: (1) It fails to see
that the purity of ones intention does not ensure the achievement of what
one intends. Abjuring violence or refusing to make common cause with morally
compromised parties may seem like the right thing; but if such tactics entail
impotence, then it is hard to view them as serving any moral good beyond
the clean conscience of their supporters; (2) it fails to see that in a world
of real violence and injustice, moral purity is not simply a form of
powerlessness; it is often a form of complicity in injustice. This is why, from
the standpoint of politics--as opposed to religion--pacifism is always a potentially
immoral stand. In categorically repudiating violence, it refuses in principle to oppose
certain violent injustices with any effect; and (3) it fails to see that politics is as
much about unintended consequences as it is about intentions; it is the
effects of action, rather than the motives of action, that is most
significant. Just as the alignment with good may engender impotence, it is
often the pursuit of good that generates evil. This is the lesson of
communism in the twentieth century: it is not enough that ones goals be
sincere or idealistic; it is equally important, always, to ask about the
effects of pursuing these goals and to judge these effects in pragmatic
and historically contextualized ways. Moral absolutism inhibits this
judgment. It alienates those who are not true believers. It promotes
arrogance. And it undermines political effectiveness.
with such a theory, though, if it made no sense or overrode the bulk of or even a great many of our considered
what Kierkegaard called `double-mindedness.' It is understandable that people should act in this morally evasive
way but this does not make it right.
Finally, even if one grants that saving two persons with dignity cannot outweigh and
compensate for killing one-because dignity cannot be added and summed in this
way-this point still does not justify deontological constraints. On the extreme
interpretation, why would not killing one person be a stronger obligation
than saving two persons? If I am concerned with the priceless dignity of
each, it would seem that I may still save two; it is just that my reason cannot be
that the two compensate for the loss of one. Consider Hill's example of a priceless
object: If I can save two of three priceless statues only by destroying one, then I
cannot claim that saving two makes up for the loss of the one. But similarly, the
loss of the two is not outweighed by the one that was not destroyed.
Indeed, even if dignity cannot be simply summed up, how is the extreme
interpretation inconsistent with the idea that I should save as many priceless
objects as possible? Even if two do not simply outweigh and thus compensate for
the loss of the one, each is priceless; thus, I have good reason to save as
many as I can. In short, it is not clear how the extreme interpretation
justifies the killing/letting-die distinction or even how it conflicts with the
conclusion that the more persons with dignity who are saved, the better
The main point, however, is that utilitarianism has a necessary pace in any
democratic country's normal political deliberations. But its advocates must
know its place, which ordinarily is only to help to decide what the theory of rights
leaves alone. When may rights be overridden by government? I have two sorts of
cases in mind: overriding a particular right of some persons for the sake of
preserving the same right of others, and overriding the same right of everyone for
the sake of what I will clumsily call "civilization values." An advocate of rights could
countenance, perhaps must countenance, the state's overriding of rights for these
two reasons. The subject is painful and liable to dispute every step of the way. For
the state to override is, sacrificea right of some so that others may keep it. The
situation must be desperate. I have in mind, say, circumstances in which the
choice is between sacrificing a right of some and letting a right of all be
lost. The state (or some other agent) may kill some (or allow them to be
killed), if the only alternative is letting every-one die. It is the right to life
which most prominently figures in thinking about desperate situations. I
cannot see any resolution but to heed the precept that "numbers count."
Just as one may prefer saving one's own life to saving that of another
when both cannot be saved, so a third partylet us say, the statecan
(perhaps must) choose to save the greater number of lives and at the cost
of the lesser number, when there is otherwise no hope for either group.
That choice does not mean that those to be sacrificed are immoral if they resist
being sacrificed. It follows, of course, that if a third party is right to risk or sacrifice
the lives of the lesser for the lives of the greater number when the lesser would
otherwise live, the lesser are also not wrong if they resist being sacrificed.