(Disclaimer: as ought to be obvious, I’m not an academic philosopher and haven’t even read all that widely. But one way or another, everyone needs to think about these questions)
I’ve long supported Bob Goodin’s view that utilitarianism (or, more generally, impartial consequentialism) is best understood as a public philosophy, rather than as a system of personal ethics. But that raises (or begs, if you must) the question of how we should think about personal ethics. And it leaves open the question of where, if at all, rights fit into this picture.
After thinking about it for a bit, I reached the view that some kind of care ethic was the best way forward. There’s not as much literature on this as I would have hoped. For example, there’s no entry in the Stanford Encyclopaedia of Philosophy, only a subsection in the article on Feminist Ethics. So, in thinking about this, I’ve relied pretty heavily on a couple of sources, most importantly Nel Nodding’s Caring, which focused on the “relation between the one-caring and the cared-for”
There are lots of complex issues here, most obviously the questions about gender roles raised by the treatment of care ethics as specifically feminine/feminist (the first edition of Caring had the subtitle “ A Feminine Approach to Ethics and Moral Education”. In today’s rather dystopian world, the more urgent need is for a masculine ethic of care, replacing the poisonous alternatives that are offered to us.
My primary interest, though, is in how to relate an ethic of care in our personal relationships to the need for impartial fairness in political and social choices. Beginning with Sidgwick, many utilitarians have taken the view that utilitarian calculations should guide individual ethics, so that we should be willing to sacrifice the interests of our own family, friends and neighbours (in the sense in which Jesus used this term) if doing so would yield a marginally greater benefit to distant strangers. This is, I think, impossibly demanding, and, quite literally, inhuman.
Most of the intuition=pump thought experiments used by critics of utilitarianism (trolley problems, Jim and the Indians etc) rest on some version of this problem, putting us into a direct relationship with some person and then asking us to sacrifice them for a net benefit we are expected to take on faith. Care ethics doesn’t give us simple answers here, but it does provide a better way to think about them (Nodding has some interesting discussion).
On the other hand, while care ethics must have implications beyond direct personal relationships, I don’t think it can provide the basis for a fully formed political philosophy. Rather, I think our care for our neighbours needs to be extended to their neighbours and so on, in a way that extends impartially to the whole community of concern and ideally to the whole of humanity.
And whereas the relationship between one-caring and cared-for must include judgements about what is actually good for the cared-for person, when we are thinking about more distant members of our community, we must leave such judgments to them. That gets you most of the way towards a non-paternalistic and impartial version of consequentialism, though it doesn’t require the psychological baggage that comes with utilitarianism.
As ought to be obvious, I haven’t worked out this derivation in any detail. But it still seems to me to be preferable to Harsanyi-Rawls veil of ignorance exercises where you attempt to make judgments for yourself while stripping away any actual knowledge about what kind of person you are.
I’m always attracted by three-term formulations, so have got to “care ethics for people, consequentialism for governments”, its not surprising that I reached a third term “and deontology for judges”. That sounds like a formulation I would have picked up by osmosis somewhere, but I can’t find it. ChatGPT (which I use as a search engine in preference to Google) confidently attributed it to Simon Blackburn, but was then unable to come up with any link supporting this.
Regardless of its originality or otherwise, I think this is correct, and roughly corresponds to the distinction between act-consequentialism, which should guide discretionary policy decisions, and rule-consequentialism, which implies setting out and enforcing rights and obligations. Courts and judges are part of the machinery for doing this, and should act in accordance with the law, rather than seeking the best outcome in any particular case.
While the formulation looks sharp, the boundaries between personal, political and legal choices are not as neat as it might make them seem. The personal is political and legal decisions inevitably reflect political and social conditions one way or another.
It’s also worth pointing out that this isn’t a simple division into independent domains. Rather, the legal system is downstream from politics which in turn is downstream from a personal ethics of care.
All of this is really messy, and I’m sure it can be picked apart pretty easily if anyone cares to try. But it still seems to me to be a big improvement on attempts to apply a single ethical framework, like utilitarianism or contract theory, across the board.