Abstract

It appears to be a feature of our ordinary understanding of morality that we ought not to act in certain ways at all. We ought not to kill, torture, deceive, break our promises (say)—exceptional circumstances apart. Many moral duties are thought of in this way. Killing another person would be wrong even if it achieved a great good, and even if it led to preventing the deaths of several others. This feature of moral thinking is at the core of deontological ethics. But while it is also part and parcel of ordinary moral thought, it seems puzzling, because it requires an agent to act (or to abstain from acting) in certain ways, even if by violating the duty she could achieve a better outcome in terms of the very restriction that she is required to heed. If the explanation of the duty not to kill were that it preserves human life it would be hard to understand why killing is not morally permitted when it leads to preserving a greater number of lives. Moreover, why should we not violate a restriction if doing so leads to fewer violations of that very restriction? There are two questions here. (1) Why not violate a restriction whose point it is to preserve lives, if doing so leads to preserving a greater number of lives? (2) Why not violate a restriction if doing so minimizes the violation of that very restriction? The latter question concerns what is sometimes called ‘the paradox of deontology’ or the problem of ‘minimizing violations’. The former may concern the so-called trolley cases, for instance. After all, a trolley hurtling towards a number of innocent people is not about to violate the moral restriction on killing innocent people, as it is not the kind of thing that can be subject to such a restriction. In this paper I am concerned only with (2): the paradox of deontology. To put it in Nozick’s terms: ‘How can a concern for the nonviolation of C [i.e. some deontological constraint] lead to refusal to violate C even when this would prevent other more extensive violations of C? Samuel Scheffler, puzzled by the same idea, put it in terms of ‘agent-centred restrictions’ (ACR), because the restriction requires an agent (not) to act in certain ways, contrasting thereby with a requirement that certain actions not be done. The restriction is thus an agent-relative rather than an agent-neutral one. Scheffler ended up rejecting the idea of agent-centred restrictions, as even on close investigation the puzzle would not dissolve. Scheffler maintains that ACRs have ‘an air of paradox’ to them, as they violate what he calls maximizing rationality. ACRs appear to clash with the idea of maximizing rationality, because they require an agent to choose the option that worse achieves her goal of not harming people. I call this, following common parlance, the paradox of deontology, even though it is not strictly speaking a paradox. Exploring whether there is really a problem here, and how it might be solved, is the main objective of this paper. I begin by explaining the puzzlement about agent-centred restrictions in more detail. I then discuss promising as an example of a kind of action which is thought to be subject to agent-centred restrictions. It turns out that they are surprisingly easy to explain. The difficult case is killing—and that should put us on guard. I argue that the problem is not with the very idea of deontological restrictions, but with puzzling aspects of the ethics of killing.