@joefromchicago,
joefromchicago wrote:No, that's not how rules change. Rules change because people become convinced that the old rules are wrong, not that they're correct but less advantageous than some other rule.
And what convinces people that the old rules are wrong? They realize that the old rules cause a lot of pointless misery without redeeming benefits. At least, that's how
Bentham discovered, as early as 1785, that the laws of England were unjust to criminalize gay sex. If a convention of 18th-century Englishmen in a Rawlesian original position would have reached a different conclusion, as I suspect they would have, that's just one more reason to be sceptical of Rawls's approach.
joefromchicago wrote:That didn't stop you from asserting that humans are more capable of suffering than non-human animals. But if you want to hide behind this transparent dodge, far be it from me to stop you. It's a flaw in your argument, not mine.
I didn't assert it in any confident way, I said I was open to the possibility. The context, you remember, was the question you raised about rights for Amoebas. I presume you raised it to attempt a
reductio ad absurdum of my claim that moral rules exist to minimize suffering and maximize happiness. My response is that it's perfectly fine to recognize no rights for Amoebas if Amoebas have no capability to suffer, and a continuously increasing amount of rights as we consider animals with an increasing capability to suffer. It doesn't have to be all or nothing.
In the case of Amoebae, I'm confident that their capacity to suffer is negligible. In the case of dogs, it's perfectly plausible to assume that they feel physical pain as much as we do. So if I was forced to either kick a dog or kick a human equally hard, I ought to be upset about the kicking, but almost indifferent about whom to kick. I admit that my gut instinct is to kick the dog. But then again, my gut instincts were corrupted by decades of humano-centric indoctrination.
Thomas wrote:The notion that, by killing Schiavo, the doctors would have wronged everyone else sounds awfully Kantian to me. I can't get my head around the notion that, for a utilitarian, a wrong against person A becomes a wrong against everyone else, just because that wrongful act violated a utilitarian rule. A Kantian would be fine with that. A utilitarian -- not so much.
When utilitarians evaluate legal rules, they only care about their consequences in terms of happiness and suffering. Also, they consider the consequences of those rules for
everyone. If that sounds non-utilitarian to you, perhaps you really
should read up on Utilitarianism. Besides, I'm not the one who thinks Utilitarianism is incompatible with the Categorical Imperative. You're the one who thinks that. (In fairness, Kant agrees with you. He is wrong.)