Douglas W. Portmore

This paper argues that the standard account of posthumous harm is untenable. The standard account presupposes the desire-fulfillment theory of welfare, but I argue that no plausible version of this theory can allow for the possibility of posthumous harm. I argue that there are, at least, two problems with the standard account from the perspective of a desire-fulfillment theorist. First, as most desire-fulfillment theorists acknowledge, the theory must be restricted in such a way that only those desires that pertain to one’s own life count in determining one’s welfare. The problem is that no one has yet provided a plausible account of which desires these are such that desires for posthumous prestige and the like are included. Second and more importantly, if the desire-fulfillment theory is going to be at all plausible, it must, I argue, restrict itself not only to those desires that pertain to one’s own life but also to those desires that are future independent, and this would rule out the possibility of posthumous harm. If I’m right, then even the desire-fulfillment theorist should reject the standard account of posthumous harm. We cannot plausibly account for posthumous harm in terms of desire fulfillment (or the lack thereof).

We ought to perform our best option—that is, the option that we have most reason, all things considered, to perform. This is perhaps the most fundamental and least controversial of all normative principles concerning action. Yet, it is not, I believe, well understood. For even setting aside questions about what our reasons are and about how best to formulate the principle, there is a question about how we should construe our options. This question is of the upmost importance, for which option will count as being best depends on how broadly or narrowly we are to construe our options. In this paper, I argue that we ought to construe an agent’s options at a time, t, as being those actions (or sets of actions) that are scrupulously securable by her at t.

In this paper, I argue that those moral theorists who wish to accommodate agent-centered options and supererogatory acts must accept both that the reason an agent has to promote her own interests is a nonmoral reason and that this nonmoral reason can prevent the moral reason she has to sacrifice those interests for the sake of doing more to promote the interests of others from generating a moral requirement to do so. These theorists must, then, deny that moral reasons morally override nonmoral reasons, such that even the weakest moral reason trumps the strongest nonmoral reason in the determination of an act’s moral status (e.g., morally permissible or impermissible). If this is right, then it seems that these theorists have their work cut out for them. It will not be enough for them to provide a criterion of rightness that accommodates agent-centered options and supererogatory acts, for, in doing so, they incur a debt. As I will show, in accommodating agent-centered options, they commit themselves to the view that moral reasons are not morally overriding, and so they owe us an account of how both moral reasons and nonmoral reasons come together to determine an act’s moral status.

Commonsense Consequentialism is a book about morality, rationality, and the interconnections between the two. In it, Douglas W. Portmore defends a version of consequentialism that both comports with our commonsense moral intuitions and shares with other consequentialist theories the same compelling teleological conception of practical reasons. Broadly construed, consequentialism is the view that an act's deontic status is determined by how its outcome ranks relative to those of the available alternatives on some evaluative ranking. Portmore argues that outcomes should be ranked, not according to their impersonal value, but according to how much reason the relevant agent has to desire that each outcome obtains and that, when outcomes are ranked in this way, we arrive at a version of consequentialism that can better account for our commonsense moral intuitions than even many forms of deontology can. What's more, Portmore argues that we should accept this version of consequentialism, because we should accept both that an agent can be morally required to do only what she has most reason to do and that what she has most reason to do is to perform the act that would produce the outcome that she has most reason to want to obtain.Although the primary aim of the book is to defend a particular moral theory, Portmore defends this theory as part of a coherent whole concerning our commonsense views about the nature and substance of both morality and rationality. Thus, it will be of interest not only to those working on consequentialism and other areas of normative ethics, but also to those working in metaethics. Beyond offering an account of morality, Portmore offers accounts of practical reasons, practical rationality, and the objective/subjective obligation distinction.

In this dissertation, I argue that commonsense morality is best understood as an agent-relative consequentialist theory, that is, as a theory according to which agents ought always to bring about what is, from their own individual perspective, the best available state of affairs. I argue that the agent-relative consequentialist can provide the most plausible explanation for why it is wrong to commit a rights violation even in order to prevent a number of other agents from committing comparable rights violations: agents bear a special responsibility for their own actions and consequently a state of affairs where an agent has herself committed a rights violation is worse, from her perspective, than a state of affairs where a number of other agents have committed comparable rights violations. I also argue that agent-relative consequentialism can accommodate moral options despite being a theory which requires agents always to do the best they can

Many philosophers hold that the achievement of one's goals can contribute to one's welfare apart from whatever independent contributions that the objects of those goals or the processes by which they are achieved make. Call this the Achievement View, and call those who accept it achievementists. In this paper, I argue that achievementists should accept both that one factor that affects how much the achievement of a goal contributes to one’s welfare is the amount that one has invested in that goal and that the amount that one has invested in a goal is a function of how much one has personally sacrificed for its sake, not a function of how much effort one has put into achieving it. So I will, contrary to at least one achievementist, be arguing against the view that the greater the amount of productive effort that goes into achieving a goal, the more its achievement contributes to one's welfare. Furthermore, I argue that the reason that the achievement of those goals for which one has personally sacrificed matters more to one’s welfare is that, in general, the redemption of one's self-sacrifices in itself contributes to one’s welfare. Lastly, I argue that the view that the redemption of one's self-sacrifices in itself contributes to one's welfare is plausible independent of whether or not we find the Achievement View plausible. We should accept this view so as to account both for the Shape of a Life Phenomenon and for the rationality of honoring "sunk costs."

In this paper, I present an argument that poses the following dilemma for moral theorists: either (a) reject at least one of three of our most firmly held moral convictions or (b) reject the view that moral reasons are morally overriding, that is, reject the view that moral reasons override non-moral reasons such that even the weakest moral reason defeats the strongest non-moral reason in determining an act’s moral status (e.g., morally permissible). I then argue that we should opt for the second horn of this dilemma, in part because we should be loath to reject such firmly held moral convictions, but also because doing so allows us to dissolve an apparent paradox regarding supererogation. If I’m right, if non-moral reasons are relevant to determining what is and isn’t morally permissible, then it would seem that moral theorists have their work cut out for them. Not only will they need to determine what the fundamental right-making and wrong-making features of actions are (i.e., what moral reasons there are), but they will also need to determine what non-moral reasons there are and which of these are relevant to determining an act’s deontic status. And moral theorists will have to account for how these two very different sorts of reasons—moral and non-moral reasons—”come together” to determine an act’s deontic status. I will not attempt to do this work here, but rather only to argue that the work needs to be done.

Common-sense morality includes various agent-centred constraints, including ones against killing unnecessarily and breaking a promise. However, it's not always clear whether, had an agent ϕ-ed, she would have violated a constraint. And sometimes the reason for this is not that we lack knowledge of the relevant facts, but that there is no fact about whether her ϕ-ing would have constituted a constraint-violation. What, then, is a constraint-accepting theory to say about whether it would have been permissible for her to have ϕ-ed? In this paper, I canvass various possible approaches to answering this question and I argue that teleology offers the most plausible approach—teleology being the view that every act has its deontic status in virtue of how its outcome ranks, relative to those of its alternatives. So although, until recently, it had been thought that only deontological theories can accommodate constraints, it turns out that teleological theories not only can accommodate constraints, but can do so more plausibly than deontological theories can.

In this paper, I argue that maximizing act-consequentialism (MAC)—the theory that holds that agents ought always to act so as to produce the best available state of affairs—can accommodate both agent-centered options and supererogatory acts. Thus I will show that MAC can accommodate the view that agents often have the moral option of either pursuing their own personal interests or sacrificing those interests for the sake of the impersonal good. And I will show that MAC can accommodate the idea that certain acts are supererogatory in the sense of not being morally required even though they are what the agent has most moral reason to do. These two theses are surprising in themselves, but even more surprising is how I arrive at them. I argue that anyone generally concerned to accommodate, in some coherent fashion, our pre-theoretical moral intuitions at both the normative and meta-ethical levels will have to give a certain account of agent-centered options and supererogatory acts and that this account is the very one that allows for the maximizing act-consequentialist to accommodate both. So my paper will not only be of interest to those concerned with the tenability of consequentialism, but also to anyone interested in giving a coherent account of our pre-theoretical moral intuitions.

It is through our actions that we affect the way the world goes. Whenever we face a choice of what to do, we also face a choice of which of various possible worlds to actualize. Moreover, whenever we act intentionally, we act with the aim of making the world go a certain way. It is only natural, then, to suppose that an agent's reasons for action are a function of her reasons for preferring some of these possible worlds to others, such that what she has most reason to do is to bring about the possible world which, of all those available to her, is the one that she has most reason to want to obtain. This is what is known as the `teleological conception of practical reasons'. Whether this is the correct conception of practical reasons is important not only in its own right, but also in virtue of its potential implications for what sort of moral theory we should accept. Below, I argue that the teleological conception is indeed the correct conception of practical reasons

Consequentialism is usually thought to be unable to accommodate many of our commonsense moral intuitions. In particular, it has seemed incompatible with the intuition that agents should not violate someone's rights even in order to prevent numerous others from committing comparable rights violations. Nevertheless, I argue that a certain form of consequentialism can accommodate this intuition: agent-relative consequentialism--the view according to which agents ought always to bring about what is, from their own individual perspective, the best available outcome. Moreover, I argue that the consequentialist's agent-focused account of the impermissibility of such preventive violations is more plausible than the deontologist's victim-focused account. Contrary to Frances Kamm, I argue that agent-relative consequentialism can adequately deal with single-agent cases, cases where an agent would have to commit one rights violation now in order to minimize her commissions of such rights violations over time.

This is Chapter 5 of my Commonsense Consequentialism: Wherein Morality Meets Rationality. In this chapter, I argue that those who wish to accommodate typical instances of supererogation and agent-centered options must deny that moral reasons are morally overriding and accept both that the reason that agents have to promote their own self-interest is a non-moral reason and that this reason can, and sometimes does, prevent the moral reason that they have to sacrifice their self-interest so as to do more to promote the interests of others from generating a moral requirement. Furthermore, I argue that given that an act’s deontic status of both moral and non-moral reasons, the consequentialist must adopt dual-ranking act-consequentialism. I then defend dual-ranking act-consequentialism against a number of objections.

Dual-ranking act-consequentialism (DRAC) is a rather peculiar version of act-consequentialism. Unlike more traditional forms of act-consequentialism, DRAC doesn’t take the deontic status of an action to be a function of some evaluative ranking of outcomes. Rather, it takes the deontic status of an action to be a function of some non-evaluative ranking that is in turn a function of two auxiliary rankings that are evaluative. I argue that DRAC is promising in that it can accommodate certain features of commonsense morality that no single-ranking version of act-consequentialism can: supererogation, agent-centered options, and the self-other asymmetry. I also defend DRAC against three objections: (1) that its dual-ranking structure is ad hoc, (2) that it denies (putatively implausibly) that it is always permissible to make self-sacrifices that don’t make things worse for others, and (3) that it violates certain axioms of expected utility theory, viz., transitivity and independence.

WHEN ONE ASSUMES, as I will, that death marks the irrevocable end to one’s existence, it is difficult to make sense of the idea that a person could be harmed or benefited by events that take place after her death. How could a posthumous event either enhance or diminish the welfare of the deceased, who no longer exists? Yet we find that many people have a prudential (i.e., self-interested) concern for what’s going to happen after their deaths.1 People are, for instance, concerned that their reputations not be slandered, that their achievements not be undermined, and that their contributions not be forgotten, not even after their deaths. Of course, many philosophers would insist that such a concern for what’s going to happen after one’s death must be based on, or a remnant of, a false belief in an afterlife. I, however, will argue that even if death marks the unequivocal and permanent end to one’s existence, people have good reason to be prudentially concerned with what’s going to happen after their deaths, for, as I will show, a person’s welfare can indeed be affected by posthumous events.

Agents often face a choice of what to do. And it seems that, in most of these choice situations, the relevant reasons do not require performing some particular act, but instead permit performing any of numerous act alternatives. This is known as the basic belief. Below, I argue that the best explanation for the basic belief is not that the relevant reasons are incommensurable (Raz) or that their justifying strength exceeds the requiring strength of opposing reasons (Gert), but that they are imperfect reasons—reasons that do not support performing any particular act, but instead support choosing any of the numerous alternatives that would each achieve the same worthy end. In the process, I develop and defend a novel theory of objective rationality, arguing that it is superior to its two most notable rivals

On the Total Principle, the best state of affairs (ceteris paribus) is the one with the greatest net sum of welfare value. Parfit rejects this principle, because he believes that it implies the Repugnant Conclusion, the conclusion that for any large population of people, all with lives well worth living, there will be some much larger population whose existence would be better, even though its members all have lives that are only barely worth living. Recently, however, a number of philosophers have suggested that the Total Principle does not imply the Repugnant Conclusion provided that a certain axiological view (namely, the ‘Discontinuity View’) is correct. Nevertheless, as I point out, there are three different versions of the Repugnant Conclusion, and it appears that the Total Principle will imply two of the three even if the Discontinuity View is correct. I then go on to argue that one of the two remaining versions turns out not to be repugnant after all. Second, I argue that the last remaining version is not, as it turns out, implied by the Total Principle. Thus, my arguments show that the Total Principle has no repugnant implications.

Consequentialism is an agent-neutral teleological theory, and deontology is an agent-relative non-teleological theory. I argue that a certain hybrid of the two—namely, non-egoistic agent-relative teleological ethics (NATE)—is quite promising. This hybrid takes what is best from both consequentialism and deontology while leaving behind the problems associated with each. Like consequentialism and unlike deontology, NATE can accommodate the compelling idea that it is always permissible to bring about the best available state of affairs. Yet unlike consequentialism and like deontology, NATE accords well with our commonsense moral intuitions.

I argue that the blameworthy deserve to suffer in that they deserve to feel guilty and their feeling guilty necessitates their suffering the unpleasant experience of appreciating their culpability for their wrongdoing. I argue that the blameworthy deserve to feel guilty, because, as a matter of justice, the blameworthy owe it to those whom they’ve culpably wronged (a) to hold themselves accountable, (b) to fully appreciate their culpability and the moral significance of their wrongdoing, and (c) to have and to show the proper regard for those whom they’ve wronged. And, as I argue, they must feel guilty in order to satisfy a-c. I also explain why, in thinking about whether the blameworthy deserve to feel guilty, the relevant comparison is between the world in which the blameworthy feel guilty and the world in which the non-blameworthy feel guilt and not, as many in the literature have supposed, between the world in which the blameworthy feel guilty and the world in which they don't feel guilty.

This is the first chapter of a book that I'm writing entitled Kantsequentialism: A Morality of Ends. The chapter has six sections: (1) The Distinction between a Moral Theory and a Complete Account of Morality, (2) The Best Explanation, (3) Fitting the Data as Opposed to the Facts, (4) Epistemic Justification and Phenomenal Conservatism, (5) Neither Overfitting nor Underfitting the Data, and (6) Trusting Our Moral Intuitions. Thus, the chapter begins by providing an account of what a moral theory is and how that differs from a complete account of morality. It then argues that there are only four explanatory virtues: modesty, coherence, unifying power, and predictive power. Thus, it argues that simplicity is not itself a virtue. It explains how it's important for a theory to avoid either overfitting or underfitting the data. The chapter then explains that the data for our philosophical theories are our intuitions (which are intellectual seemings), and it defends phenomenal conservatism -- the view that we are justified in believing that things are as they seem unless and until grounds for doubt arise. Lastly, it responds to worries about the trustworthiness of our moral intuitions stemming from both experimental philosophy and evolutionary debunking arguments.

This is Chapter 3 of my Commonsense Consequentialism: Wherein Morality Meets Rationality. In this chapter, I defend the teleological conception of practical reasons, which holds that the reasons there are for and against performing a given act are wholly determined by the reasons there are for and against preferring its outcome to those of its available alternatives, such that, if S has most reason to perform x, all things considered, then, of all the outcomes that S could bring about, S has most reason to desire that Ox (i.e., x’s outcome) obtains, all things considered.