Friday 31 December 2010

How Adults Make Moral Decisions: Part Four

In the last three posts in this series, I've suggested that the way adults make moral decisions is by asking if they can live with the foreseeable consequences of the actions, and if not, then what changes to the actions might make the goal of those actions achievable in a way they can live with. What adults don't do is look for principles from which to deduce an answer. Their concern is with their conscience, not with what God and Her Angels might think is the right thing to do. This might be how adults make a moral decision, but we can always ask: is it the way they should make it? The answer to this depends on your view of what a person is and how that affects their responsibility and accountability.

You can believe that a person is only able to live a purposeful life through membership in some reasonably-ordered community and as such has a prudential interest in following its rules. (If the society falls apart, so does their life.) Hence their moral obligations and duties arise from the rules of the society: they are accountable for following the rules, and doing so is their defence in the event that, having done so, something really nasty happened as a result.

You can believe that, modulo the interests themselves, everyone has a common conception of what is in their interests and what is not. No matter what you want to achieve in life, being murdered or having a limb chopped off won't help. Nor will loss by theft, arson or negligence of your property, work-in-progress and reputation. Any action which leads to one of these harms can be condemned for that reason, and so made a crime, tort or regulatory breach, depending on how the society wants to handle the administration. Thus actions, decisions and even rules and laws can be judged by their consequences. The prime moral obligation is not foreseeably to cause one of these harms, and the prime defence is that the harm was either not reasonably foreseeable or did not result from the action.

No matter what your views on these subjects, you can independently believe that there are limits to a person's accountability: that there are legitimate excuses for the harm you caused or your breach of the rules. Insanity has long been one, and ignorance of the law has long not been one. You can also decide that there are times when responsibility does not always imply punishment or censure: the light punishments, often judicial warnings, given to "first offenders"" are an example of this. All this gives you, if you want it, what many feel to be a necessary flexibility in the administration of justice and the conduct of social censure and reward.

So far, so flexible. However, if a society says that its citizens must follow the rules and do not need to think about the consequences, and if a defence of following the correct procedures is always effective, then that society has effectively removed the responsibility for decision-making from its citizens and given it to its legislators. It has infantalised its citizenry, who merely need to follow the rules and need not make independent judgements.

Making independent judgements, no matter the rules and expectations of society, is one characteristic of adults and a necessary condition of rational conduct. Adults cannot allow themselves the luxury of "following procedures" but must make up their own minds, and to do this, they must look at consequences as well as rules in order to strike a balance or reach a solution that they can live with.

But if you're someone who wants rules, and duties, and obligations and rights clearly stated, you won't like this. You will prefer people to have to deduce the correct thing to do from your general principles as you interpret them. Plato thought like this, it's the implicit position of deontologists, and many cultures have a strong legalistic streak in them. Of course, Plato wanted to be King, and legalistic cultures are often run by an elite of law-interpreters who don't really trust their people to make decisions. Adults don't much go for being subjects of anyone, whether Kings, priests or bureaucrats. And that, ultimately, is why they reserve the right to make up their own damn minds.

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