PRESUMPTIVE RULE CONSEQUENTIALISM AND THE PROBLEM OF JUSTICE:
From
this post, it seems that NRT and I agree on the following:
(a) a consistent consequentialism will allow (indeed, often require) a presumptive rule consequentialist approach; and
(b) presumptive rule consequentialism must face the "justice" problem.
What we seem to disagree on are:
(c) whether there is a distinction between presumptive rule consequentailism and act consequentialism.
(d) whether the "justice" problem is actually a problem.
On the first point, NRT writes:
it's difficult to see how presumptive rule consequentialism differs from act consequentialism in any significant way
I don't really know how to explain this any more clearly. One has a presumptive rule, the other doesn't. One bases decisions on the rule unless a sufficient level of certainty is reached; one bases decisions on the balance of probabilities in every instance. One leads to better results than the other.
Perhaps an illustration will help. I'm 60% certain that dobbing in the inncoent will lead to better consequences than telling the truth. Act consequentailist: dobs in the innocent. Presumptive rule consequentialist: tells the truth.
I apologise if I'm labouring the point, but I thought this was really obvious the first time around.
On the second, the claim is that:
The retreat to rule consequentialism is driven primarily by clashes between consequentialism and justice. The classic example here is that of McCloskey, who points out that consequentialists (well, he talks about utilitarians - hedonic consequentialists - but the argument is applicable to general consequentialism unless an infinite disvalue is placed upon certain actions) must bear false witness against an innocent person if it that would stop a riot. Or use collective punishment to prevent guerilla activity in wartime. Or impose harsh punishments on the guilty to meet public demand for retribution. Or support laws designed to defend an insecure democracy by making it a crime to "arouse the suspicions of the government".
In other words, any arbitrary injustice is allowed provided it makes people overall better-off by whatever metric is used. This is widely regarded as a knock-down argument for act-consequentialism.
Depending on how you construct the examples, I don't think the conflict between consequentialism and "justice" is necessary. (And I have to say I'm not particularly fond of the term "justice" in this context because it seems to assume the fasilty of consequentialism to begin with. In fact, I think that this sort of circular assumption is the only way to turn McKloskey's argument into a "knock-down" one.)
But let's assume we push the examples such that they guarantee a conflict. In that case I would bite the bullet. Take the choice to bear false witness. To guarantee the conflict, assume that the choice is between sending one innocent to the gallows and watching a rampaging mob kill 10 innocents. In this case, I think "justice" loses. I have no reason to prefer the life of one innocent to the lives of 10, except for the delusion that the blood of the 10 is not on my hands, because "somebody else did it". If I know that my actions will result in those deaths I cannot disclaim responsibility, and the attempt to do so seems to me to be little more than a convenient psychological defence mechanism, dressed up as morality. The way this appears to turn what many people consider "moral" into nothing more than a form of self-serving egoism will be somewhat disturbing to some people. Indeed, it was disturbing for me too at first. But that doesn't mean it's wrong.
I do think that it is important to draw a distinction between the good (fewer people dead), and individuals' obligation to pursue the good (by bearing false witness). Because it is psychologically difficult to deal with being responsible for the death of innocents, it may not be morally
required to bear false witness, if telling the truth allows one to maintain the illusion of not being responsible. However, the claim that it is morally illegitimate to save innocent lives, cannot, in my view, be sustained. So I'll stick to my presumptive rule consequentialism thank you.
NB: The "retreat" to rule consequentialism isn't driven by the "justice" problem at all. If you accept the "justice" problem is a problem
then you don't accept consequentialism and if you run to rule consequentialism as a result of it, you've abandoned consequentialism altogther. (Evolutionary biology might be able to explain the emergence of moral intutions about "justice" - which might be thought to undercut the force of the justice problem - but that's entirely spearate.)