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RULE CONSEQUENTIALISM MAKES SENSE AFTER ALL

Published online by Cambridge University Press:  31 May 2011

Tyler Cowen
Affiliation:
Economics, George Mason University

Abstract

It is commonly claimed that rule consequentialism (utilitarianism) collapses into act consequentialism, because sometimes there are benefits from breaking the rules. I suggest this argument is less powerful than has been believed. The argument requires a commitment to a very particular (usually implicit) account of feasibility and constraints. It requires the presupposition that thinking of rules as the relevant constraint is incorrect. Supposedly we should look at a smaller unit of choice—the single act—as the relevant choice variable. But once we see feasibility as a matter of degree, there is no obvious cut-off point for how broadly we should think about the constraints on our choices. Treating “a bundle of choices” as a relevant free variable is no less defensible than treating “a single act” as the relevant free variable. Rule utilitarianism, rule consequentialism, and other rules-based approaches are stronger than their current reputation.

Type
Research Article
Copyright
Copyright © Social Philosophy and Policy Foundation 2011

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References

1 See Kydland, Finn and Prescott, Edward, “Rules Rather Than Discretion: The Inconsistency of Optimal Plans,” Journal of Political Economy 85, no. 3 (1977): 473–92CrossRefGoogle Scholar, among many others. Glazer, Amihai and Rothenberg, Lawrence S. outline policy issues involving time consistency issues in Why Government Succeeds and Why It Fails (Cambridge, CA: Harvard University Press, 2005)Google Scholar.

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3 Ibid., 67, provides a string of related examples and conundrums.

4 Some of these dilemmas resemble the Sorites problem, which typically involves nonlinear effects. A classic example of the Sorites problem is to ask how many stones constitute a pile. The contribution of any single stone to the “pileness” of the pile is zero or very small, yet the accretion of successive stones brings a pile into being. The analogy is not perfect, because our definition of “pile” is fuzzy, a complication which does not arise in the firing squad case (the death of the victim is unambiguous). Temkin, Larry S. considers how the Sorites problem differs from intransitivity and vagueness as issues in moral philosophy in “A Continuum Argument for Intransitivity,” Philosophy and Public Affairs 25, no. 3 (1996): 175210CrossRefGoogle Scholar.

5 An extensive literature covers the practical arguments in favor of rules. See Hayek, Friedrich A., The Constitution of Liberty (Chicago: University of Chicago Press, 1960)Google Scholar; Brennan, Geoffrey and Buchanan, James M., The Reason of Rules (Indianapolis, IN: Liberty Fund, 2000)Google Scholar; and Epstein, Richard, Simple Rules for a Complex World (Cambridge, MA: Harvard University Press, 1997)Google Scholar.

6 The literature here is enormous. See, for instance, Brandt, Richard, “Toward a Credible Theory of Utilitarianism,” in Castaneda, Hector-Neri and Nakhnikian, George, eds., Morality and the Language of Conduct (Detroit, MI: Wayne State University Press, 1963): 107–43Google Scholar; Lyons, David, Forms and Limits of Utilitarianism (Oxford: Clarendon Press, 1965)CrossRefGoogle Scholar; Regan, Donald H., Utilitarianism and Cooperation (Oxford: Oxford University Press, 1980)CrossRefGoogle Scholar; Slote, Michael, From Morality to Virtue (Oxford: Oxford University Press, 1992)Google Scholar; Hooker, Brad, Ideal Code, Real World: A Rule-Consequentialist Theory of Morality (Oxford: Clarendon Press, 2000): 93111Google Scholar; Mackie, John Leslie, Persons and Values: Selected Papers, Vol. II (Oxford: Clarendon Press, 1985)Google Scholar; Scarre, Geoffrey, Utilitarianism (New York: Routledge, 1996)Google Scholar; and Feldman, Fred, Utilitarianism, Hedonism, and Desert (Cambridge: Cambridge University Press, 1997)CrossRefGoogle Scholar, among many others. This problem has been present in rule utilitarianism since William Paley in the eighteenth century; see Schneewind, J. B., Sidgwick's Ethics and Victorian Moral Philosophy (Oxford: Clarendon Press, 1977), 125–27Google Scholar.

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17 In formal terms, the Shapley solution looks at all possible differing “coalitions” (combinations of actions or abstentions from action, in the firing squad example) and measures the differing marginal values of an individual unit to the coalition. These marginal values are then averaged across all of the possible combinations of units. In the firing squad example, for instance, the Shapley value averages a single shooter's marginal impact across “all six of us shoot,” “only the first five of the six shoot,” “only the last five of the six shoot,” “only these three of the six shoot,” “only I shoot,” and so on, across all the possible combinations. We will then find that the Shapley value for a single marksman is positive, but less than the value of an individual life. On the bargaining theory foundations for the Shapley value, see Roth, Alvin E., “Axiomatic Models of Bargaining,” Lecture Notes in Economics and Mathematical Systems, No. 170 (New York: Springer Verlag, 1979)Google Scholar; and Gul, Faruk, “Bargaining Foundations of Shapley Value,” Econometrica 57, no. 1 (1989): 8195CrossRefGoogle Scholar.

18 David Lewis has suggested some standards for ranking worlds in terms of their similarity, and along these lines we might regard the more similar worlds to our own as “more possible” or “less utopian.” See Lewis, David, “Counterfactual Dependence and Time's Arrow,” Noûs 13, no. 4 (1979): 472CrossRefGoogle Scholar. For a treatment of degrees of possibility, see Forbes, The Metaphysics of Modality, chap. 7.

19 Note that we should not identify feasibility with the notions of probability or likelihood. Feasibility refers in some manner to the “closeness” of some other world to our own, whether or not we expect that world to occur. Blinking your eyes one more time in a day, each day, might be quite feasible in the common-sense use of that term, although we do not necessarily expect such an act to occur with a high probability. Conditional on the number of blinks changing, the chance that the change is exactly one blink might be quite small. This example suggests that feasibility and probability are distinct concepts and that a high degree of feasibility does not have to mean a high degree of probability.

20 On costs of adoption and internalization and rule utilitarianism, see Richard Brandt, “Toward a Credible Theory of Utilitarianism,” in Castaneda and Nakhnikian, eds., Morality and the Language of Conduct, 107–43; and Hooker, Ideal Code, Real World, 78–79. On varieties of rule utilitarianism more generally, see Scarre, Utilitarianism, 122–32.