Moral Deadlock
Moral Deadlock
Moral Deadlock
RONALD D. MILO
Introduction
Very often moral disagreements can be resolved by appealing to (non- moral) factual considerations because in
these cases the parties to the dispute agree as to which factual considerations are relevant. They agree, that is, with respect
to their basic moral standards. Hence, when their disagreement about the non-moral facts is resolved, so is their moral
disagreement. But sometimes moral disagreement persists in spite of agreement on factual considerations. When this
happens, and when neither party is guilty of illogical thinking, we have a case of moral deadlock.
Some claim that moral deadlocks occur because in such cases the disputants disagree with respect to their most
basic moral standards or values. Since they do not even agree as to what factual considerations are relevant to the moral
evaluation in question, arguments proffered on either side will inevitably break down. Moral deadlock results because the
disagreement is rooted not in disagreement in beliefs, but in disagreement in attitudes, and because whether or not one is
logically constrained to accept a given moral standard depends on what one's basic attitudes and preferences happen to be.
Others argue against the possibility of such radical moral disagreement, as I shall call it, on the ground that it is laid down
in virtue of what we mean in calling an act morally right or wrong that certain facts necessarily count as evidence or
reasons for or against the moral rightness or wrongness of acts. Anyone who denies their relevance is simply refusing to
discuss the question of the morality of the act in question. One is not free, therefore, to make whatever one likes count as
evidence, just so long as one has the appropriate pro- or con-attitudes or is prepared to make the requisite universal
prescriptions.
Now, for reasons which can only be partially elaborated in this essay, I am inclined to agree with this latter point
of view. Hence, I am also inclined to deny that radical moral disagreement is possible. To claim that what I am calling
radical moral disagreement is possible is to claim that people can be said to disagree about the moral rightness or wrong-
ness of a certain course of action because they disagree about the basic criteria of relevance for determining moral
rightness and wrongness. I am inclined to deny this because I am inclined to think that in such cases we do not really have
moral disagreement at all-that in the absence of certain agreed upon standards there can be neither moral disagreement nor
moral agreement. But it is important to recognize that in saying this I am not saying that moral deadlocks cannot occur.
What I am calling a moral deadlock occurs whenever the disputants agree as to what factual considerations obtain but
nevertheless disagree in their moral evaluations, and when neither is guilty of illogical thinking. To hold that there are
certain factual considerations whose relevance to moral questions cannot be denied by anyone who wishes to consider
these questions is not to hold that there is some unique decision-procedure for resolving all moral disputes, so that in any
such dispute at least one of the parties must be mistaken. Rather, as I shall argue, moral disagreement can persist even
when there is no disagreement either about what factual considerations are relevant or about what factual considerations
obtain, and when no party to the dispute is guilty of fallacious reasoning. It is a mistake, therefore, to identify moral
deadlock with radical moral disagreement.
Indeed, as I shall try to show in this essay, not only can moral disagreement persist in spite of agreement on basic
standards of relevance, together with agreement on the facts and the absence of illogical thinking, the disagreement may
persist for a variety of reasons. The main purpose of this essay is to explore these sources of moral deadlock and to
explain how it is that moral deadlock can sometimes be the end result of internal moral disagreement i.e. disagreement
between people who agree with respect to their basic moral standards or values. Once one realizes the extent to which
moral deadlocks can occur even among people who agree with respect to their basic moral standards, and once one
realizes the seriousness and importance of some of these disagreements, much of the sting will have been removed from
the claim that radical moral disagreement is not really possible; for much of what those who wish to claim that radical
moral disagreement is possible want to say will have been granted. Nevertheless, I hope it will also be the case that once
one clearly distinguishes radical moral disagreement from the kinds of moral deadlock that are really species of internal
moral disagreement, the possibility of radical moral disagreement will seem problematic.
When moral disagreement occurs between people who agree with respect to their basic moral standards, we have
a case of internal moral disagreement. When, in addition, they agree with respect to their factual beliefs and no one is
guilty of irrational thinking, we have a case of moral deadlock. Now some may wonder how such a deadlock can be
possible. If they agree both as to what factual considerations are relevant and as to what facts actually obtain, how can
they disagree in their moral judgments without at least one of them being guilty of illogical thinking? I shall argue that
this sort of deadlock is possible-and for at least three different sorts of reasons.
1. Conflicting Moral Standards
Although persons agree with respect to their basic moral standards, they may disagree about what to say in
some case where these standards come into conflict, and their disagreement need not be attributable to any
disagreement in factual beliefs or to bad reasoning on the part of one of them. In such cases their disagreement
will be attributable to some disagreement in attitude, but, as I hope to show, this does not entail any disagreement
with respect to the basic moral standards that they accept.
Consider the following case. C is dying of some terminal illness and wishes to learn before he dies whether or
not his son is guilty, as charged, of murder. When C has only a few hours left to live he asks his friend, D,
whether his son has declared his innocence or confessed his guilt. Suppose that D knows that the son has
confessed. Now let us also suppose that, when confronted with this case, A and B disagree. A thinks that D ought
to tell C the truth about his son, and B thinks that D ought to tell a benevolent lie in order to spare C needless
mental anguish. A and B agree both that it is wrong to lie to people and that it is wrong to cause them mental
anguish; but in this case, where (they agree) these two moral considerations come into conflict, they weight them
differently.
The question now is this: Can they still be said to agree with respect to their basic moral standards, and, if so,
how can we explain their disagreement? One may be tempted to think that, since they disagree in their moral
evaluations of this case, they must disagree with respect to their basic moral standards. Given that consistency
requires one to universalize one's judgments, at least in the sense of judging similar cases similarly, doesn't this
mean that one of A's moral principles is that it is better to avoid lying than to avoid causing pain in cases like this,
whereas one of B's moral principles is that it is better to avoid causing pain in cases like this? This must be
admitted. A and B do have different moral beliefs about these kinds of cases, and these beliefs can be formulated
as general principles. But this does not mean that they accept different basic moral standards. Basic moral
standards are those that specify what kinds of factual considerations count as evidence, or reasons, for certain
kinds of moral judgments.
One might think that basic moral standards include not only criteria of relevance, but also principles of
priority for ranking these criteria. There is nothing wrong with this way of viewing things, so long as one realizes
that principles of priority are not themselves criteria of relevance and are really ancillary to the more fundamental
standards of relevance. In any case, what we are trying to see here is how people who agree on their basic
standards of relevance can nevertheless disagree in their moral evaluations, even though they do not disagree
about the facts and neither is thinking illogically. A and B agree that the fact that D's telling C that his son has
declared his innocence would be a lie is a reason for thinking that it would be wrong for D to tell C this, and they
agree that the fact that D's telling C that C's son has confessed would cause C a great deal of mental anguish is a
reason for thinking that it would be wrong to tell C that. They disagree only about which of these takes
precedence, or overrides, in certain kinds of circumstances. What, then, is the source of their disagreement about
this? There is certainly a difference of moral opinion here. But if it is due neither to their having different moral
standards nor different factual beliefs nor irrational thinking on the part of one of them, to what can it be
attributed? It seems to be due to a difference with respect to their basic values. A places a greater value on telling
the truth (or avoiding deception) in these kinds of cases, whereas B places a greater value on the avoidance of
pain. But doesn't this entail a difference with respect to their basic moral standards? The answer here is not so
obvious as it may seem to be. It may be that A places a greater value on telling the truth because he thinks it is
worse for a person to be deceived about a matter like this than to suffer the kind of mental anguish that would
result from knowing the truth. B holds the reverse to be true, thinking that a person is worse off suffering this kind
of pain. What about these more fundamental judgments of value? Do they indicate fundamental differences of
moral opinion?
It is not clear to me that these judgments about what is good or bad, or better or worse, for a person are any
more to be classified as moral judgments than are the judgments that it is worse for one to lose one's sight than to
lose one's hearing, that it is worse to be shot than to have one's money taken, or that it is worse to be lacking in
intelligence than athletic ability. These value judgments might serve as grounds for moral judgments-e.g. for
judgments that it is better (or worse) to treat someone in this way rather than that way-but they do not themselves
seem to me to be moral judgments. Such judgments about what is good or bad, beneficial or harmful, for human
beings can be used to support either prudential or moral judgments. For example, the judgment that it is bad for a
person to have decayed teeth can support both the judgment that one ought to brush one's teeth and the judgment
that parents ought to encourage their children to brush their teeth. Thus, in the case we are considering, it seems
plausible to say that, although A and B agree that what one morally ought to do (or what it is morally better to do)
in a case like this is to do what is best for C, they disagree about what is best for C. If so, then what their making
different moral evaluations (and accepting different moral principles) with respect to cases like this shows is not
that they have different basic moral standards, but that they reach different results when they apply these
standards in conjunction with different non-moral value judgments.
In other cases the moral disagreement may stem not from their making different non-moral value judgments
but simply from their attaching different weights, or value rankings, to moral values that both accept. For
example, A and B may disagree about whether it is morally permissible to kill some innocent person when this is
the one and only way to save the lives of a hundred others. We need not suppose that either A or B denies the
relevance of the fact that the act necessary to save the one hundred lives is also a case of killing an innocent
person; nor need we suppose that either denies the moral importance of saving a hundred lives. However, A
thinks that it is worse to kill an innocent person than to fail to save a hundred lives; whereas B holds the reverse to
be true. Whereas B prefers to give priority to minimizing the number of lives lost (and perhaps, in general, gives
priority to considerations of utility), A prefers to give priority to respecting the inviolability of persons' (and, in
general, to considerations of justice).
Does this mean that A and B have different moral standards? Once again, it must be allowed that they have
different moral priorities, and hence different principles of priority for cases like this. But they do not employ
different criteria of relevance. B does not deny the relevance of not treating people merely as means, and A does
not deny the importance of minimizing the amount of harm. If either did make such a denial, we would have a
case of radical moral disagreement. But as things stand this seems to be a case of internal moral disagreement.
Indeed, there may be many cases like this where A and B would agree. B might agree with A that it would be
wrong to kill one person in order to save five others, and A might agree that if a million lives would otherwise be
lost, the one person must regrettably be killed. Nevertheless, because of the possibility of conflict between
different basic moral standards, agreement on basic moral standards cannot guarantee agreement in moral
evaluations-even when both parties are rational and fully informed.
Conclusion
I have tried to accomplish two things in this paper. First, without denying the possibility of genuine moral
deadlock, I have tried to raise serious doubts about the possibility of truly radical moral disagreement. I have argued that
disagreement is recognizable as moral disagreement only in so far as both parties to the dispute accept certain criteria of
relevance. Second, I have tried to show that the acceptance of these criteria is nevertheless compatible with serious and
considerable disagreement about how such criteria are to be interpreted and about how they are to be weighted when they
come into conflict either with each other or with non-moral considerations. Such disagreements are rooted in differences
in basic attitudes and preferences, and for this reason they are often irreconcilable by any rational means.
It is important to realize, however, that we do not have to deny the objectivity of moral judgments in order to
account for the possibility of moral deadlock. To hold that moral judgments are objective one need not claim that there is
some decision-procedure for resolving all moral questions, such that all who agree on the facts and reason correctly must
arrive at the same answer. All that one need maintain is that there are certain moral standards (certain criteria of
relevance) that must be employed by anyone who wishes to make moral judgments. Indeed, I have argued that moral
disagreement is possible only between those who agree (at least, substantially) with respect to their basic criteria of
relevance, since without this agreement on what counts as evidence for moral judgments there can be neither moral
agreement nor disagreement.