Alastair Norcross

This article takes the central issue concerning the ethics of animal experimentation to be the moral status of animals. Since most animal experimentation involves treating experimental subjects in ways that would clearly not be morally acceptable if the subjects were human, and since no animal experimentation involves the informed consent of the experimental subject, any attempt to justify such experimentation must include a defense of the claim that the moral status of animals differs significantly from that of humans. The influence of animal welfare advocates, in particular Peter Singer, Tom Regan, and their followers, but certainly dating back to Bentham and Mill, seems to have resulted in at least the grudging acceptance by the research community that animals have some moral status. That is, that the interests of animals should be taken into account when designing and justifying experiments involving them.

If, as I have argued elsewhere, consequentialism is not fundamentally concerned with such staples of moral theory as rightness, duty, obligation, moral requirements, goodness (as applied to actions), and harm, what, if anything, does it have to say about such notions? While such notions have no part to play at the deepest level of the theory, they may nonetheless be of practical significance. By way of explanation I provide a linguistic contextualist account of these notions. A contextualist approach to all these notions makes room for them in ordinary moral discourse, but it also illustrates why there is no room for them at the level of fundamental moral theory. If the truth value of a judgment that an action is right or good varies according to the context in which it is made, then rightness or goodness can no more be properties of actions themselves than thisness or hereness can be properties of things or locations themselves.

It is usually assumed to be possible, and sometimes even desirable, for consequentialists to make judgments about both the rightness and the goodness of actions. Whether a particular action is right or wrong is one question addressed by a consequentialist theory such as utilitarianism. Whether the action is good or bad, and how good or bad it is, are two others. I will argue in this paper that consequentialism cannot provide a satisfactory account of the goodness of actions, on the most natural approach to the question. I will also argue that, strictly speaking, a consequentialist cannot judge one action to be better or worse than another action performed at a different time or by a different person. Even if such theories are thought to be primarily concerned with rightness, this would be surprising, but in the light of recent work challenging the place of rightness in consequentialism1, it seems particularly disturbing. If actions are neither right (or wrong) nor good (or bad), what moral judgments do apply to them? Doesn't the rejection of both rightness and goodness, as applied to actions, leave consequentialism unacceptably impoverished? On the contrary, I will argue that consequentialism is actually strengthened by the realization that actions can only be judged as better or worse than possible alternatives.

It is sometimes claimed that a consequentialist theory such as utilitarianism has problems accommodating the importance of personal commitments to other people. However, by emphasizing the distinction between criteria of rightness and decision procedures, a consequentialist can allow for non-consequentialist decision procedures, such as acting directly on the promptings of natural affection. Furthermore, such non-consequentialist motivational structures can co-exist happily with a commitment to consequentialism. It is possible to be a self-reflective consequentialist who has genuine commitments to individuals and to moral principles, without engaging in self-deception.

Satisficing and maximizing versions of consequentialism have both assumed that rightness is an alI-or-nothing property. We argue thal this is inimical to the spirit of consequentialism, and that, from the point of view of the consequentialist, actions should be evaluated purely in terms that admit of degree. We first consider the suggestion that rightness and wrongness are a matter of degree. If so, this raises the question of whether the claim that something is wrong says any more than that it is bad. We consider the possibility that a consequenlialist should simply equate wrongness with badness. We reject this on the grounds that there is not a satsifactory way for a consequentialist to account for the badness of actions, as opposed to states of affairs. We explore two concepts of wrongness: to do something wrong is to be blameworthy; and the fact that something is wrong creates a reason not to do it. We argue that the first of these is not available to the consequentialist because of her views on blame, and that the second is just as much a feature of badness as of wrongness. We conclude that the consequentialist can make no sense of the concept of wrongness.