Douglas W. Portmore

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.

The performance of one option can entail the performance of another. For instance, I have the option of baking a pie as well as the option of baking, and baking a pie entails baking. Now, suppose that I have both reason to bake and reason to bake a pie. Which, if either, grounds the other? Do I have reason to bake in virtue of my having reason to perform some instance of baking, such as pie baking? Or do I have reason to bake a pie in virtue of my having reason to bake? Or does neither ground the other? Perhaps, the reason in each case is grounded in the fact that each option would itself have optimal consequences. The aim of this paper is to compare two alternative responses to this issue—omnism and maximalism—and to argue that the latter is more plausible. Omnism is the view that what grounds a reason for performing an option is always that it has some feature F. By contrast, maximalism holds that sometimes what grounds a reason for performing an option is not that it is itself F, but that it is entailed by some other option that is F. I’ll argue that maximalism is more plausible, for it avoids two critical problems that befall omnism.

Maximalism is the view that if an agent is permitted to perform a certain type of action (say, baking), this is in virtue of the fact that she is permitted to perform some instance of this type (say, baking a pie), where φ-ing is an instance of ψ-ing if and only if φ-ing entails ψ-ing but not vice versa. Now, the point of this paper is not to defend maximalism, but to defend a certain account of our options that when combined with maximalism results in a theory that both avoids the sorts of objections that have typically been levelled against maximalism and accommodates the plausible idea that a moral theory must be collectively successful in the sense that everyone’s satisfying the theory guarantees that our theory-given aims will be best achieved. I argue that, for something to count as an option for an agent, it must, in the relevant sense, be under her control. And I argue that the relevant sort of control is the sort that we exercise over our reasons-responsive attitudes (e.g., our beliefs, desires, and intentions) by being both receptive and reactive to reasons. I call this sort of control rational control, and I call the view that φ-ing is an option for an agent if and only if she has rational control over whether she φs rationalism. When we combine this view with maximalism, we get rationalist maximalism, which I argue is a promising moral theory.

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).

I argue that rule consequentialism sometimes requires us to act in ways that we lack sufficient reason to act. And this presents a dilemma for Parfit. Either Parfit should concede that we should reject rule consequentialism (and, hence, Triple Theory, which implies it) despite the putatively strong reasons that he believes we have for accepting the view or he should deny that morality has the importance he attributes to it. For if morality is such that we sometimes have decisive reason to act wrongly, then what we should be concerned with, practically speaking, is not with the morality of our actions, but with whether our actions are supported by sufficient reasons. We could, then, for all intents and purposes just ignore morality and focus on what we have sufficient reason to do, all things considered. So if my arguments are cogent, they show that Parfit’s Triple Theory is either false or relatively unimportant in that we can, for all intents and purposes, simply ignore its requirements and just do whatever it is that we have sufficient reason to do, all things considered.

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

In this paper, I argue that we have obligations not only to perform certain actions, but also to have certain attitudes (such as desires, beliefs, and intentions), and this despite the fact that we rarely, if ever, have direct voluntary control over our attitudes. Moreover, I argue that whatever obligations we have with respect to actions derive from our obligations with respect to attitudes. More specifically, I argue that an agent is obligated to perform an action if and only if it’s the action that she would perform if she were to have the attitudes that she ought to have. This view, which I call attitudism, has three important implications. First, it implies that an adequate practical theory must not be exclusively act-orientated. That is, it must require more of us than just the performance of certain voluntary acts. Second, it implies that an adequate practical theory must be attitude-dependent. That is, it must hold that what we ought to do depends on what attitudes we ought to have. Third, it implies that no adequate practical theory can require us to perform acts that we would not perform even if we were to have the attitudes that we ought to have. I then show how these implications can help us both to address certain puzzling cases of rational choice and to understand why most typical practical theories (utilitarianism, rational egoism, virtue ethics, Rossian deontology, etc.) are mistaken.

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.

A theory is agent neutral if it gives every agent the same set of aims and agent relative otherwise. Most philosophers take act-consequentialism to be agent-neutral, but I argue that at the heart of consequentialism is the idea that all acts are morally permissible in virtue of their propensity to promote value and that, given this, it is possible to have a theory that is both agent-relative and act-consequentialist. Furthermore, I demonstrate that agent-relative act-consequentialism can avoid the counterintuitive implications associated with utilitarianism while maintaining the compelling idea that it is never wrong to bring about the best outcome.

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.

Roughly speaking, maximalism is the view that only certain options are to be assessed in terms of whether they have some right‐making property (such as that of producing optimal consequences), whereas omnism is the view that all options are to be assessed in terms of whether they have this property. I argue that maximalism is preferable to omnism because it provides a more plausible solution to what's known as the problem of act versions and is not subject to any significant problems of its own. If I'm right, then most moral theories, which are versions of omnism, need revision.

The performance of one option can entail the performance of another. For instance, baking an apple pie entails baking a pie. Now, suppose that both of these options—baking a pie and baking an apple pie—are permissible. This raises the issue of which, if either, is more fundamental than the other. Is baking a pie permissible because it’s permissible to bake an apple pie? Or is baking an apple pie permissible because it’s permissible to bake a pie? Or are they equally fundamental, as they would be if they were both permissible because, say, they both accord with Kant’s categorical imperative? I defend the view that the permissibility of an option that entails another is more fundamental than the permissibility of the option that it entails. That is, I defend maximalism: the view that if an agent is permitted to perform a certain type of action (say, baking a pie), this is in virtue of the fact that she is permitted to perform some instance of this type (say, baking an apple pie), where φ-ing is an instance of ψ-ing if and only if φ-ing entails ψ-ing but not vice versa. If maximalism is correct, then, as I show, most theories of morality and rationality must be revised.

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.

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.

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.

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 options are and what our reasons are, there are prior questions concerning how best to formulate the principle. In this paper, I address these questions. One of the more interesting upshots of this inquiry is that the deontic statuses (e.g., obligatory, optional, and impermissible) of individual actions are determined by the deontic statuses of the larger sets of actions of which they are a part. And, as I show, this has a number of interesting implications both for normative theory and for our understanding of practical reasons.

I argue that when determining whether an agent ought to perform an act, we should not hold fixed the fact that she’s going to form certain attitudes (and, here, I’m concerned with only reasons-responsive attitudes such as beliefs, desires, and intentions). For, as I argue, agents have, in the relevant sense, just as much control over which attitudes they form as which acts they perform. This is important because what effect an act will have on the world depends not only on which acts the agent will simultaneously and subsequently perform, but also on which attitudes she will simultaneously and subsequently form. And this all leads me to adopt a new type of practical theory, which I call rational possibilism. On this theory, we first evaluate the entire set of things over which the agent exerts control, where this includes the formation of certain attitudes as well as the performance of certain acts. And, then, we evaluate individual acts as being permissible if and only if, and because, there is such a set that is itself permissible and that includes that act as a proper part. Importantly, this theory has two unusual features. First, it is not exclusively act-orientated, for it requires more from us than just the performance of certain voluntary acts. It requires, in addition, that we involuntarily form certain attitudes. Second, it is attitude-dependent in that it holds that which acts we’re required to perform depends on which attitudes we’re required to form. I then show how these two features can help us both to address certain puzzling cases of rational choice and to understand why most typical practical theories (utilitarianism, virtue ethics, rational egoism, Rossian deontology, etc.) are problematic.

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.

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.