Kant and moral dilemmas (June 3: 4427 words) Most every moral theorist concedes that there are at least apparent moral dilemmas. The more provocative question is whether there are genuine moral dilemmas: An individual is in a genuine, rather than merely apparent, moral dilemma when, assuming that the individual is fully informed about the morally salient features of the situation in which she is to act, she competently judges that she is morally obligated to perform act A, and competently judges that she is morally obligated to perform act B, but the contingent circumstances of the world make it impossible to perform both A and B. Such a dilemma is genuine because it is not the individual’s ignorance of any moral (or factual) consideration that leaves her uncertain about what to do. It is rather that the moral universe itself is metaphysically constituted such that, despite an individual’s knowing what she is morally obligated to do, it is impossible for her to do it. She is seemingly fated to moral failure. In debates about the existence of genuine moral dilemmas, Kant is typically brought forth as an example of a historically prominent figure who denies altogether the existence of such dilemmas. My purposes here are both exegetical and philosophical. First, I will argue that Kant is not in fact a straightforward ally of those who deny the existence of genuine moral dilemmas. The passage on which this interpretation is based has been read too hastily, and Kant’s other remarks about apparent moral dilemmas and the general aspirations of reason suggest a more nuanced position on moral dilemmas. On my reading, Kant’s apparent denial of moral dilemmas is a methodological admonition, roughly, that practical reason should operate assuming the nonexistence of such dilemmas as a regulative ideal, akin to the role that the unity of scientific knowledge plays in Kant’s theory of scientific inquiry. On this methodological view of moral dilemmas, the denial of moral dilemmas is an a priori principle of practical reason we both use to guide our moral deliberation and as an ideal toward which such deliberation strives. However, we can never be certain that this ideal has been fully realized, not only because there are possible dilemmas we have not yet encountered in our moral experience but because we have no uncontested basis for determining whether our rational or deliberative capacities, even when exercised with full competence, have resolved a moral dilemma. Thus, Kant sides neither with those who defend, nor with those who deny, the existence of moral dilemmas. He is instead metaphysically agnostic about the existence of genuine moral dilemmas. Second, I will argue that this methodological denial of moral dilemmas sheds light on some of the prominent a priori arguments concerning the existence of moral dilemmas. In connection with Bernard Williams’ moral residue argument for moral dilemmas, I propose that Kant’s methodological view of moral dilemmas can explain the rationality of the negative selfappraisals that often result when agents act within apparent moral dilemmas without assuming either that such dilemmas are genuine or merely apparent. Second, Kant’s view allows us to honor the ‘ought implies can’ principle without concluding that the principle requires the denial of genuine moral dilemmas. In particular, Kant’s view suggests an epistemic constraint on this principle than can render a deliberatively competent agent in an apparent moral dilemma epistemically — and hence morally — blameless for whichever action she performs. 1. Readers of Kant’s Doctrine of Virtue might be surprised to learn that Kant is so commonly interpreted as denying moral dilemmas. For there Kant offers1 series of casuistical questions in 1 Starting at 6:423. 2 conjunction with each main type of moral duty (whether it is morally permissible to end one’s life to save one’s country, whether merely polite lies are wrong, etc). But strikingly, Kant does not answer these questions. Now, if Kant truly thought there are no genuine dilemmas, then the presence of these unanswered casuistical questions is a puzzle. Kant was presumably highly competent at applying his own moral theory, so if these casuistical dilemmas are resolvable, we would expect Kant to be able to resolve them and to do so in order to illustrate the power of his moral theory. That these casuistical questions are merely mentioned without even an attempt at their resolution is surprising if we assume that Kant believed there are no genuine moral dilemmas. Still, the most widely cited evidence that Kant denied that there are genuine moral dilemmas is this passage, here quoted in its entirety:2 A conflict of duties would be a relation between them in which one of them would cancel the other (wholly or in part). — But since duty and obligation are concepts that express the objective practical necessity of certain actions and two rules opposed to each other cannot be necessary at the same time, if it is a duty to act in accordance with one rule, to act in accordance with the opposite rule is not a duty but even contrary to duty; so a collision of duties and obligations and obligations is inconceivable. However, a subject may have, in a rule he prescribes to himself, two grounds of obligation, one or the other of which is not sufficient to put him under obligation, so that one of them is not a duty. — When two such grounds conflict with each other, practical philosophy says, not that the stronger obligation takes precedence but that the stronger ground of obligation prevails. Kant’s words certainly seem to deny the existence of moral dilemmas.3 Agents can certainly be subject to competing “grounds of obligation,” Kant acknowledges. That is, an agent 2 I have excised Kant’s Latin renderings of certain phrases. 3 Of course, it would be uncharitable to a long deceased philosopher to read this passage as making a claim about “moral dilemmas” in precisely the way this notion is understood in the contemporary philosophical literature. For insofar as the passage addresses what contemporary philosophers mean by “moral dilemmas,” it is faulty in at least 3 may, even when subject to a “rule he prescribes to himself” such as the self-legislated Categorical Imperative, recognize two moral “obligations” or considerations each of which, in isolation, would be sufficient to impose upon him a duty. Yet in circumstances where both grounds of obligation are present (and in accordance with the notion of a moral dilemma, the agent cannot act on both such grounds), it is “inconceivable” in light of the “objective practical necessity” expressed by the concept of duty that the agent could have a duty stemming from each such ground of obligation. It must be the case, Kant concludes, that the agent’s duty stems from the “stronger ground of obligation.” Apparently then, there cannot be a circumstance in which an agent both has a duty to perform or to abstain from performing one and the same action. In cases of competing grounds of obligation, one such ground must not be sufficient to constitute the agent’s duty. It would appear, then, that Kant is deploying modus tollens against the claim that there are genuine moral dilemmas: If the imperatives of duty were to yield conflicting obligations, then morality’s imperatives would lack “objective practical necessity.” But since two ways. First, moral dilemmas occur when, in a given circumstance, an agent is subject to multiple obligations not all of which the agent can fulfill. A moral dilemma is perhaps better described as a ‘must fail’ situation than as a ‘no win’ situation, for in a genuine dilemma, the agent will fail to fulfill some obligation of hers. But Kant’s remark that “two rules opposed to each other cannot be necessary at the same time” suggests that dilemmas arise when one or moral rules are in conflict. Certainly if moral rules did conflict, so that both ‘keep all promises’ and ‘disregard some promises’ were both binding rules, agents would often find themselves in moral dilemmas. However, moral rules can form a consistent set and yet agents can, because of the unforeseeable or intricate circumstances in which they find themselves, face an apparent moral dilemma. See Ruth Barcan Marcus, “Moral dilemmas and consistency,” Journal of Philosophy 77 (1980): 121-136. The moral rules ‘defend your country against aggressors’ and ‘care for one’s parents in their old age’ are perfectly consistent but quite capable of generating a moral dilemma, as Sartre’s famous example illustrated. Second, moral dilemmas need not result from the presence of distinct rules at all. An agent who promises two distinct parties that she will be at different locations at the same hour appears to face a dilemma rooted in the very same rule to honor one’s promises. 4 those imperatives are imperatives of duty, they must incorporate “objective practical necessity” and so cannot yield conflicting obligations. However, to attribute to Kant the denial of genuine moral dilemmas on the basis of this passage is both too quick and fails to take into account Kant’s larger views about the nature of moral obligation and reason generally. Note that Kant does not literally deny the existence of genuine dilemmas in this passage. Rather, the existence of moral dilemmas is “inconceivable” in light of the objective practical necessity expressed in the Categorical Imperative, morality’s supreme principle. The Categorical Imperative states a principle of what human agents must do, regardless of their contingent inclinations. The existence of moral dilemmas would in effect deny the a priori authority of the Categorical Imperative, a fact which, Kant argues in the Groundwork, is evident to common moral understanding. The thesis of this passage is not that acknowledging the existence of genuine moral dilemmas would be a metaphysical error, a false belief about the nature of moral reality. Rather, Kant’s language here is epistemic or methodological, not metaphysical, and his thesis is that acknowledging the existence of genuine moral dilemmas would be a practical error, in effect denying morality its distinctive normative authority. This is why Kant says that “practical philosophy” insists that a stronger ground of obligation must prevail in any apparent moral dilemma. 2. But if Kant is not actually staking a metaphysical position on moral dilemmas, what sort of position is he articulating? Kant is clearly indicating that we should accept that there are no dilemmas — that their denial should be treated as true for practical purposes. But why should this be so? 5 We see in the aforementioned passage glimmers of Kant’s characteristic transcendental argumentation: We possess uncontroversial knowledge of a certain kind (of the Categorical Imperative as morality’s supreme principle, in which case), knowledge of which is explicable only if some other claim (that there are no genuine dilemmas) is acknowledged as a necessary condition of the first. But this cannot be quite right, for Kant does not seem to be arguing that the Categorical Imperative would not be morality’s supreme principle if there were genuine dilemmas. The problem is instead that we could not coherently treat the Categorical Imperative as the principle that ought to guide our moral deliberations if we assume there are genuine dilemmas. Genuine dilemmas undermine the Categorical Imperative as a principle of deliberation, but not our knowledge of its standing as morality’s supreme principle. Acting as if there are genuine moral dilemmas would make deliberating as if the Categorical Imperative is morality’s supreme principle unintelligible. Perhaps Kant’s denial of moral dilemmas is a practical conclusion akin to his infamous “postulates of practical reason,” conclusions supported not by theoretical reason but by demands of “moral faith.” But this too cannot be quite right. For we are to accept the postulates of God’s existence and the immortality of the soul because these ensure the congruity of happiness and moral virtue that Kant believed constituted the highest good. The acceptance of such a congruity provides us hope in the face of the challenges presented by the evident divergence between happiness and moral virtue in the actual, empirical world. But Kant’s denial of moral dilemmas does not sustain our commitment to morality in the same way. The denial of moral dilemmas assures that morality’s own principle can be intelligibly applied. The practical necessity of this denial is internal to the moral point of view, whereas the practical postulates are necessary to 6 assure us of the harmony of the moral point of view with something only contingently related to it, happiness. Kant’s denial of moral dilemmas is better understood as what Kant termed a “transcendental idea,” a concept originating in reason, the faculty that seeks to unify our understanding under principles.4 As such, transcendental ideas cannot be objectively deduced as the basis of the principles of possible experience, as the transcendental categories can. Nor are there objects in our experience corresponding to such ideas. Transcendental ideas can only be subjectively deduced from the nature of reason itself, and in this case, the denial of moral dilemmas is deduced from the nature of practical reason, and more specifically, from the nature of the demands imposed by the Categorical Imperative as the supreme principle of practical reason. However, the denial of moral dilemmas cannot be known as a matter of synthetic a priori knowledge, nor can it be empirically verified. It is rather an assumption or aspiration that practically rational creatures must bring to their moral deliberation and inquiry in order for their understanding of morality as prescribing categorically to be intelligible. Kant’s denial of moral dilemmas thus reflects reason’s interest in the systematic unity of its knowledge. Reason guides our empirical inquiry, postulating as an ideal the increasing subsumption of our scientific knowledge into fewer and fewer principles so that the necessary connections among the items of our knowledge are apparent.5 In so doing, reason must both assume and aspire to such a unity. Hence, the unity of science sets the philosophical agenda for the conduct of science. The denial of moral dilemmas plays a similar role in the conduct of moral deliberation. It is both an assumption and an aspiration of practical reason that sets the agenda for moral deliberation. Reason, Kant reminds us, always seeks the unconditioned to 4 Critique of Pure Reason, A399/B355-56, A303/B358, A311/B368 5 Critique of Pure Reason (A646-651/B674-80) 7 unify what is conditioned and thus assumes that the unconditioned can be found. The Categorical Imperative is, Kant argues, an unconditional practical demand, but it can only unify or “complete” the various particular moral demands (morality’s innumerable categorical imperatives) if its prescriptions are free of contradiction, i.e., if the non-existence of moral dilemmas is assumed. Kant’s denial of moral dilemmas thus reminds us that Kant believed that the proper use of reason is always “regulative,” not “constitutive.” The principle that there are no genuine moral dilemmas would be constitutive if it provided a real object with which it is assumed to correspond. Yet the point of Kant’s Transcendental Dialectic is that attempts to provide such objects for certain ideas of reason (God, freedom, etc.) inevitably result in contradiction and illusion, thus dooming traditional metaphysics. So, too, presumably for the denial of moral dilemmas in a metaphysical sense: Not only does such a thesis transcend reason’s proper application, it cannot be empirically verified or disconfirmed either. Yet reason must retain a regulative use such that the transcendental ideas orient inquiry and deliberation. Our empirical inquiries would, Kant concludes, be little better than fumbling and groping absent the aspiration for theoretical unity in the sciences. But we cannot in advance, or at any given point, determine whether our scientific understanding has achieved this unity, for there is no standpoint outside our best scientific practices from which we inspect them for this unity. Similarly, the most we can hope for is that the denial of moral dilemmas may be true. But it cannot be legitimately treated as a knowledge claim in a metaphysical sense. Furthermore, there is no standpoint outside the proper deployment of our moral powers from which we could determine whether an apparent moral dilemma has been fully resolved. The denial of moral dilemmas thus serves as a regulative, rather than constitutive, principle of reason: not a claim 8 known to be true but a condition for the rational application of our knowledge of morality as issuing in categorical rational demands. One worry here stems from the seemingly ambiguous rational status of the denial of moral dilemmas. I have argued that the denial of moral dilemmas is a regulative principle of practical reason whose authority rests on its being a consequence of our acceptance of the Categorical Imperative as practical reason’s supreme principle. But whether there are genuine dilemmas appears to be a theoretical question, a question about whether moral considerations supervene on non-moral ones to generate incompatible imperatives. Thus, it may seem that the position I have attributed to Kant is orthogonal to recent philosophical debates about moral dilemmas. To a large extent, this worry is on target, for the position I have outlined is not a position about how the world is, morally speaking, but a position about the stance we ought to take toward the world in our moral deliberation and inquiry. Yet for Kant, not all metaphysical beliefs or attitudes are settled by theoretical considerations. Practical reason has primacy, according to Kant, such that practical considerations should sometimes guide our beliefs and actions even in the face of evidence against those beliefs or actions. Moreover, since the Categorical Imperative is the supreme principle of practical reason, the interests of theoretical reason may be subordinated to it. In the case of moral dilemmas, then, this primacy mandates that the non-existence of genuine moral dilemmas be assumed, even absent a theoretical demonstration of that thesis. In sum then: In terms of Kant’s famous three central questions for reason — what can I know, what ought I do, and what may I hope— the answers with respect to moral dilemmas are: 1. We can know a priori that reason assumes and aspires to the denial of genuine moral dilemmas, but we cannot know whether that denial is in fact true. Nor can we come to 9 know with certainty that an apparent moral dilemma has been correctly resolved, for we have no standpoint outside our practical reason from which to appraise such resolutions. 2. We ought to deliberate and inquire in moral matters on the assumption that there are no genuine moral dilemmas – that every apparent dilemma is resolvable. 3. We may reasonably hope that the world is not fundamentally dilemmatic in character. 3. The Kantian position I have outlined has a number of modest, and thereby attractive, features. It neither asserts nor denies the existence of genuine moral dilemmas, but instead takes the resolution of moral dilemmas as a methodological ideal. The position is therefore skeptical of arguments, whether empirical or a priori, intended to establish whether or not genuine moral dilemmas exist. At the same time, however, this Kantian position helps to shed light on two popular deductive arguments in this area. The first argument is Bernard Williams’ well-known argument from ‘moral residue.’ According to this argument, when an agent acts in response to an apparent moral dilemma, she is rightly subject to various negative self-appraisals (regret, guilt, remorse, etc.), regardless of which of the two acts she performs. But these self-appraisals are rational or justified only if the agent would have been equally justified or rational had she acted to fulfill the other apparent obligation that bound her in the dilemma. Since these self-appraisals are appropriate only when an agent acts wrongly, it follows that the agent could not have failed to act wrongly and was therefore in a genuine moral dilemma. Deniers of moral dilemmas often object to the moral residue argument on the grounds that these negative self-appraisals do not entail that an agent acted wrongly. It is common, they retort, for agents to experience negative self-appraisals — such as regret — that are 10 phenomenologically nearly indistinguishable from those self-appraisals that imply their believing they acted wrongly but do not themselves imply a belief in having acted wrongly. Furthermore, there may be value in agents experiencing negative self-appraisals that imply wrongful action even when agents accept they did not act wrongly. These objections to the moral residue argument are satisfactory so far as they go. However, the objections themselves give no evidence that moral dilemmas do not exist, nor do they shed light on what is rational about these negative self-appraisals on the supposition that they are not (or not necessarily responses to genuine moral dilemmas. The Kantian position I have outlined accommodates both of these claims: It takes no stand on the metaphysics of moral dilemmas, but nevertheless provides an explanation of why such negative self-appraisals may be warranted even if there are no moral dilemmas. Suppose that an agent finds herself in what appears to be an especially confounding dilemma, but decides that in fact she is obligated to do A rather than B. It would not, I contend, be unreasonable for such an agent to experience the negative self-appraisals allegedly associated with the existence of moral dilemmas. But note that there is something insufficiently reflexive about explaining these self-appraisals by proposing that there are moral dilemmas. For these are negative self-appraisals, and there need be no failure (epistemic, moral, or otherwise) on the part of an agent if these negative attitudes reflect a disjointed moral world where dilemmas exist. That an agent is, in a sense, trapped by a genuine moral dilemma is not a rational basis for negatively appraising the agent. In contrast, my Kantian view, agents aspire to act in the absence of apparent dilemmas and to have their conduct guided by the categoricity of moral demands, but hard cases can make it unclear in which acts that categoricity resides. We are, Kant claimed, capable of the distinctly moral emotion of reverence for the moral law. To worry that we have not identified what the 11 moral law asks of us thus sparks a rational anxiety that can manifest itself as negative selfappraisals. Moral residue thus induces the sense that we have let morality let down. Yet Kant’s conception of morality is that it emanates from our own autonomous, practically rational nature. Thus, to worry that one has acted immorally by choosing the wrong horn of an apparent moral dilemma is to let oneself down. A negative moral appraisal is thus implicitly a negative selfappraisal. The Kantian view I have proposed thus takes no stance on the existence of moral dilemmas and thus provides no positive reason to think that such dilemmas do not exist. Nevertheless, it strengthens the case against the moral residue argument by indicating how, regardless of whether there are moral dilemmas, agents may be rationally subject to negative self-appraisals. My Kantian position also helps clarify the appeal of another widely discussed argument, this one against the existence of moral dilemmas: Many argue against the existence of moral dilemmas by appeal to the principle that ‘ought implies can’ (OIC): If an individual ought to do A (as is implied by her being morally obligated to do A) only if she can do A, and she is equally obligated to do B, but cannot perform both A and B, then if ‘ought implies can’, then she is obligated to do either A or B, but not both. Hence, this principle yields a denial of moral dilemmas.6 Though Kant is often identified as a progenitor of the OIC principle, his understanding of the implications of OIC is subtle and has direct bearing on the soundness of this argument. As Robert Stern7 has argued, the passages in which Kant endorses OIC8 do not endorse the principle 6 Dale Jacquette, “Moral dilemmas, disjunctive obligations, and Kant's principle that ‘ought’ implies ‘can’,” Synthese 88 (1991):43-55, offers a clear presentation of this argument. 7 “Does ‘ought’ imply ‘can’? And did Kant think it does?” Utilitas 16 (2004), p52ff. 12 as a constraint on the moral law, i.e., Kant did not suppose that the content of morality’s demands are constrained by our human capacities. Whether an act is morally right thus does not depend on our ability to perform it, on this reading. However, the obligatoriness of an act requires our accepting that we have the capacity to perform the act. The ‘ought’-ness of this principle is thus a property not of the moral law as such, but of human agents who recognize morality’s categorical authority. Kant’s position, then, is not that “nothing can be right that we are incapable of achieving,” but that “we cannot be obliged to do what is right unless we are capable of acting in that way.”9 In this respect, Kant seems to implicitly recognize a gap between what is right and whether we ought to do what is right. Proponents of this argument suppose that it shows that disjunctive obligations — that an individual who cannot do both A and B can nevertheless be obligated to do one of A or B — are incompatible with OIC. But this reading of Kant on OIC, along with my proposal that his denial of dilemmas be understood as a regulative ideal rather than a metaphysical claim, allows for such disjunctive obligations. Suppose that, in a given case, an equally powerful case can apparently be made on Kantian grounds for either of two actions available to an agent, but it is not possible for the agent to do both actions in the specified circumstances. (I imagine the well-known dilemma in Sophie’s Choice of choosing which of one’s two children shall be executed comes close to such an example.)10 An agent may be obligated to do either of the two actions, but this entails neither that the agent is, nor that the agent is not, in a genuine moral dilemma. For while OIC constrains what an agent is obligated to do, it does not constrain what it is right to do, so that the 8 Critique of Pure Reason A548/B576 and A807/B835; Metaphysics of Morals 6:380; Religion within the Limits of Reason Alone 6:47, 6:50, 6:62, and 6:64; Critique of Practical Reason 5:142 and 5:143f.; and “On the common saying, That may be correct in theory but is of no use in practice,” 8:276-7 and 8:278-79. 9 Stern, “Does ‘ought’ imply ‘can’?”, p. 59. 10 Michael Zimmerman, The Concept of Moral Obligation (New York: Cambridge U. Press, 1996), ch. 7. 13 fact that two actions are logically or metaphysically incompatible does not, even in conjunction with OIC, support any positive conclusion about what it is right to do or any such conclusion about whether a given situation presents a genuine or merely prima facie dilemma. Furthermore, so long as the agent’s moral deliberation, factual understanding, etc. are sufficient, we have reason to withhold blame from an agent who cannot perform both actions generated in an apparent dilemma. Compare the situation with apparently incommensurable scientific theories: The unity of science is, for Kant, a regulative ideal to which our theoretical inquiries aspire. However, our methods of inquiry, etc., may sometimes result in two rival theories of a given phenomena being equally supportable. (Think here of the ongoing particle-wave dispute concerning the behavior of light.) Reason’s regulative ideal has not been realized in such contexts of apparent theoretical incommensurability. After all, contradictory theories by necessity bar the unity of our scientific understanding. Yet since we lack any standpoint outside those methods of inquiry to decide the matter, individuals espousing either theory may legitimately accept one theory without incurring blame or rebuke. Thus, in cases where the regulative ideal of theoretical unity is apparently thwarted, individuals have a disjunctive epistemic obligation, which nevertheless does not imply anything about the metaphysical possibility of a unified scientific understanding. The parallel with moral dilemmas is of course inexact (perhaps there is no corollary of OIC in the realm of theoretical belief). Yet just as the regulative ideal of theoretical unity in the sciences may appear unsatisfied when we confront two rival theories, so too may the regulative ideal that denies the existence of moral dilemmas be unsatisfied when powerful moral considerations can be mustered in favor of incommensurable moral obligations. Hence, if the denial of moral dilemmas is a regulative ideal rather than a metaphysical claim, then what a fully informed and deliberatively 14 competent agent ought to do so as to resolve an apparent moral dilemma is to perform either act. Her obligation is thus disjunctive in nature and she can be held epistemically and hence morally blameless for whichever action she performs, and so long as each action is one it is possible for her to perform, no violation of OIC occurs. Yet this leaves open whether her dilemma was genuine or merely apparent. 4. Kant’s methodological view of moral dilemmas — that their denial functions as a regulative ideal of practical reason — thus enables core insights from arguments concerning moral dilemmas to be honored while neither affirming nor denying the existence of genuine dilemmas. In this regard, the view I have attributed to Kant and defended reflects the sentiment that our knowledge of morality as issuing in categorical demands should guide our action, reason compels us to exercise our moral capacities to the utmost and thereby seek to resolve the apparent moral dilemmas we confront, regardless of whether the world is ultimately constituted so as to thwart our rational aspirations. 15