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Deterrence and Moral Theory*

Published online by Cambridge University Press:  01 January 2020

Russell Hardin*
Affiliation:
University of Chicago, Chicago, IL60637, U.S.A.
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Extract

Introduction

Issues in public policy have been challenging and remaking moral theory for two centuries. Such issues force us to question fundamental principles of ethics while they cast doubt on our ability to generalize from traditional intuitions. No issue poses more remarkable difficulties for moral theory than nuclear weapons policy. Because the consequences of their deployment and therefore possible use could be grievous beyond those of any previously conceivable human action, these weapons frame the conflict between outcome-based, especially utilitarian, and action-based deontological moral theories more acutely than perhaps any other we have faced. Just because nuclear weapons may bring about the most grievous outcome imaginable, they elevate concern with outcomes over concern with actions. More generally, they wreak havoc with the focus on the morality of individual choices and actions, set limits to the notion of intention and the doctrine of double effect, call into question the so-called just-war theory, and overwhelm the intuitionist basis of much of ethical reasoning.

Type
Research Article
Copyright
Copyright © The Authors 1986

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Footnotes

*

I wish to thank David Copp, Thomas Donaldson, J.L.A. Garcia, Richard Miller, Christopher W. Morris, Joseph S. Nye, Jr., Susan Moller Okin, Charles Silver, Steven Walt, students and faculty at the weekly lunch of the Divinity School of the University of Chicago in November 1984, and participants in the seminar on Practical Reason at the University of Chicago and in the 1984 Amintaphil conference at Notre Dame University for comments on an earlier draft of this paper.

References

1 Hardin, Russell, ‘Unilateral Versus Mutual Disarmament,’ Philosophy and Public Affairs 12 (1983), 236-54;Google Scholar and ‘Risking Armageddon,’ in Cohen, Avner and Lee, Steven, eds., Nuclear Weapons and the Future of Humanity (Totowa, NJ: Rowman and Allanheld 1985 [forthcoming])Google Scholar

2 Rawls, John, ‘Two Concepts of Rules,’ Philosophical Review 64 (1955), 332;CrossRefGoogle ScholarMcCloskey, H. J., ‘An Examination of Restricted Utilitarianism,’ Philosophical Review 66 (1957), 466-85;CrossRefGoogle Scholar for further discussion, see Russell Hardin, ‘The Utilitarian Logic of Liberalism,’ Ethics, forthcoming, especially the section ‘Institutionalization of Rights.'

3 Unfortunately, our vocabulary here is not as perspicuous as we might wish. I am not happy with the distinctions as I have drawn them. I wish to highlight the difference between judgments of actions as kinds tout court and judgments of outcomes. In the latter, what is of interest in motivating behavior is also actions, but the character of the action that matters to us is the effects it has, not its type as determined by some other criterion. In The Rejection of Consequentialism: A Philosophical Investigation of the Considerations Underlying Rival Moral Conceptions (Oxford: The Clarendon Press 1982), Samuel Scheffler speaks of agent-centered versus consequentialist moral theories.

4 McMahan, Jeff, ‘Deterrence and Deontology,’ Ethics 95 (1985), 517-36CrossRefGoogle Scholar

5 Ibid., 535

6 Johnson, James Turner, Can Modern War be Just? (New Haven, CT: Yale Univer sity Press 1984)Google Scholar

7 See further Fishkin, James S., The Limits of Obligation (New Haven, CT: Yale University Press 1982);Google Scholar and McGuire, Martin, ‘The Calculus of Moral Obligations,’ Ethics 95 (1985) 199223.CrossRefGoogle Scholar

8 Fuller, Lon L., The Morality of Law (New Haven, CT: Yale University Press 1969, revised edition), 86;Google Scholar Fuller (86n) illustrates his point with a lovely chastisement of Lord Nottingham, who said in a case, ‘I had some reason to know the meaning of this law; for it had its first rise from me.’ Campbell's Lives of the Lord Chancellors of England, vol. 3 (third edition, 1848), 423n, retorts, ‘If Lord Nottingham drew it, he was the less qualified to construe it, the author of an act considering more what he privately intended than the meaning he has expressed.'

9 Eisenhower reputedly did face such a decision in the days just before the Soviet Union achieved the capacity to attack the United States with nuclear weapons. He considered making a pre-emptive attack but then rejected the ‘concept’ by the fall of 1954 (Rosenberg, David Alan, ‘The Origins of Overskill: Nuclear Weapons and American Strategy, 1945-1960,’ International Security 7 (1983), 371,CrossRefGoogle Scholar at pp. 33-4). Such an attack was similar to what Bertrand Russell had earlier advocated except that Russell rather more humanely proposed that the Soviet Union first be given an ultimatum not to develop nuclear weapons (Clark, Ronald W., The Life of Bertrand Russell [New York: Knopf 1976), 517-30Google Scholar).

10 John Krige, The Politics of Truth: Experts and Laypeople in the Nuclear Debate,’ 67-85, in Blake, Nigel and Pole, Kay, eds., Objections to Nuclear Defence: Philosophers on Deterrence (London: Routledge and Kegan Paul 1984), 67-8Google Scholar

11 Under The Focus on Individuals.'

12 Donagan, Alan, The Theory of Morality (Chicago: University of Chicago Press 1977), 123-4CrossRefGoogle Scholar

13 Ryle, Gilbert, Dilemmas (Cambridge: Cambridge University Press 1954), 30CrossRefGoogle Scholar

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15 Grisez, Germain, ‘Toward a Consistent Natural-Law Ethics of Killing,’ American Journal of Jurisprudence 15 (1970), 6496,CrossRefGoogle Scholar at p. 73; cf. Donagan, , Theory of Morality, 164.Google Scholar Donagan (163) holds that the doctrine is either otiose or wrong in its implications for actual cases. H. L.A. Hart thinks the doctrine is legalistic theology that distinguishes cases in which ‘There seems to be no relevant moral difference … on any theory of morality’ (Punishment and Responsibility: Essays in the Philosophy of Law [Oxford: Oxford University Press 1968], 124). But here we need be concerned only with its relevance and application to nuclear deterrence, not with its acceptability more generally.

16 Grisez, , ‘Toward a Consistent Natural-Law Ethics of Killing,’ 73Google Scholar

17 G.E.M. Anscombe, ‘War and Murder,’ 51-61 in Anscombe, , Ethics, Religion and Politics (Minneapolis, MN: University of Minnesota Press 1981), 58-9Google Scholar (this essay was originally published in 1961)

18 Grisez, , ‘Toward a Consistent Natural-Law Ethics of Killing,’ 90Google Scholar

19 Ibid., 92

20 Moreover, Aquinas takes care to apply his principle only to actions by individuals, not by public authorities acting for the common good (ibid., 74) but we may choose not to follow him here.

21 Philippa Foot, ‘The Problem of Abortion and the Doctrine of the Double Effect,’ 19-32, in Foot, Virtues and Vices (Berkeley, CA: University of California Press 1978)

22 Tucker, Robert W., ‘The Morality of Deterrence,’ Ethics 95 (1985), 461-78,CrossRefGoogle Scholar at p. 472.

23 Ibid., 463

24 For further defenses of this view, see Hollenbach, David, Nuclear Ethics: A Christian Moral Argument (Ramsey, NJ: Paulist Press 1983), 39;Google ScholarMurray, John Courtney, Morality and Modern War (New York: Council on Religion and International Affairs 1959), 911;Google Scholar and O'Brien, William V., The Conduct of Just and Limited War (New York: Praeger 1981), 1927.Google Scholar

25 Hume, Daivd, The History of England, voi. 1 (Indianapolis, IN: Liberty Classics 1983), chap. 2, 96-7Google Scholar

26 Just war theory originally was broader than this, since it saw it as morally permissible for a state to attack another for reasons other than direct defence against prior attack.

27 Mearsheimer, John J., Conventional Deterrence (Ithaca, NY: Cornell University Press 1983), 15,Google Scholar emphasis added.

28 Hume, , History, vol. 1, 97Google Scholar

29 Prichard, H. A., ‘Does Moral Philosophy Rest on a Mistake?’ 1-17 in Prichard, Moral Obligation and Duty and Interest (London: Oxford University Press 1968 [1912]), 17Google Scholar

30 Gewirth, Alan, Reason and Morality (Chicago: University of Chicago press 1978)Google Scholar

31 Harman, Gilbert, The Nature of Morality: An Introduction to Ethics (New York: Oxford University Press 1977), 310Google Scholar

32 Burton, John Hill, Life and Correspondence of David Hume, vol. 1 (New York: Burt Franklin, undated reprint of original edition published in Edinburgh in 1846), 323-4Google Scholar

33 Ibid., 324; David Norton relies on this passage to support his claim that Hume is a ‘common-sense moralist’ but a ‘sceptical metaphysician’ (Norton, David Fate, David Hume: Common-Sense Moralist, Sceptical Metaphysician [Princeton, NJ: Princeton University Press 1982], 50-4Google Scholar).

34 Burton, , Life and Correspondence of David Hume, vol. 1, 326;Google Scholar Hume continues thus: ‘and no sensible man can implicitly assent to any of them, but from the general principle, that as the truth in these subjects is beyond human capacity, and that as for one's own ease he must adopt some tenets, there is most satisfaction and convenience in holding to the Catholicism we have been first taught. Now this I have nothing to say against. I have only to observe, that such a conduct is founded on the most universal and determined scepticism, joined to a little indolence; for more curiosity and research gives a direct opposite turn from the same principles.'

35 Locke, John, An Essay Concerning Human Understanding (Oxford: Clarendon Press 1975),Google Scholar Peter H. Nidditch, ed., I.III.26, 83-4

36 Sidgwick, Henry, The Methods of Ethics (London: Macmillan 1907 seventh edition, reprinted by Dover Publications, New York), 201Google Scholar

37 Wittgenstein, Ludwig, On Certainty (Oxford: Basil Blackwell 1969), 170Google Scholar

38 Ibid., , 1344

39 Burton, , Life and Correspondence of David Hume, vol. 1, 326Google Scholar

40 Grisez, , ‘Toward a Consistent Natural-Law Ethics of Killing,93Google Scholar