⁂ Concepts · Ethics · No. 113
Duty

Two legal systems, one river, and different answers about the passer-by.

Duty

What one is required to do irrespective of what one wants, and irrespective of what it produces.

Theme
Ethics and character
Tradition
Cross-tradition
Term fixed
1785

In plain terms

Some things are required whether or not they help, and whether or not you feel like it. Keeping a promise when it has become inconvenient. Telling the truth when a lie would go unnoticed. Not using someone even when nobody would be harmed.

That is the intuition duty names, and its force is that it holds against calculation. An ethics of consequences says a promise may be broken when breaking it produces more good. An ethics of duty says the promise binds, and that a person who keeps promises only when they pay has not understood what a promise is.

The cost of that firmness is the hard cases, and they are genuinely hard. Every duty-based system eventually meets a situation where doing the required thing produces a disaster, and has to say something.

As a philosopher would put it

Kant grounds duty in the categorical imperative: act only on a maxim you could will as a universal law, and treat humanity always as an end and never merely as a means. Its bindingness comes from rational agency itself, which is why it is categorical rather than hypothetical - not if you want X, do Y, but do Y.

Acting from duty is distinguished from acting in conformity with it. The shopkeeper who is honest because dishonesty is bad for trade acts rightly and not from duty, and only the second has moral worth - a claim critics have found either profound or repellent since Schiller's satire on it.

Ross's alternative is more usable: a plurality of prima facie duties - fidelity, reparation, gratitude, justice, beneficence, self-improvement, non-maleficence - none absolute, each capable of being outweighed, with judgement required to determine the actual duty in a case. That gives up systematic derivation and keeps the phenomenology, which most working ethics now follows.

Where you meet it

French law makes failure to rescue a criminal offence. Article 223-6 of the penal code punishes anyone who, able to act without risk to themselves or others, deliberately abstains from preventing a serious harm or from assisting a person in danger.

Most common-law jurisdictions have no such rule. In England and Wales a person may watch a stranger drown without legal consequence, provided they have no prior relationship, contract or responsibility for the danger. The difference is not an accident of drafting: it reflects a theory in which duties are owed because of a relationship freely entered, and outside those relationships there is liberty.

The French rule reflects the opposite theory - that a duty can be owed to a stranger simply in virtue of being able to help. Both systems accept that letting someone die is wrong. Only one treats it as a duty the law enforces, and the debate about the other, recurring after every reported case, is the philosophical question with a bill attached.

What is actually disputed

Whether duties can conflict, and what happens when they do.

Absolutist systems hold that a genuine duty admits no exception, which is what gives it force and produces the standard objection - Kant's own conclusion that one may not lie to a murderer at the door has been used against him for two centuries, and his defenders remain divided about whether the position is his considered one.

Pluralist systems accept conflict and rank duties by judgement, which is realistic and abandons the systematic character that made duty attractive. Ross admits that determining the actual duty in a case is not a matter of proof.

The deeper challenge comes from the other side. Consequentialists argue that a duty producing disaster cannot be a duty, and that rule-worship is what remains of a system when its point is forgotten. Anscombe replies that obligation-talk is the residue of a divine lawgiver no longer believed in, and that without one the concept has no work to do.

Commonly confused with

  • what one is inclined to do Kant's whole point is that duty and inclination can coincide accidentally, and the moral worth is in acting for the reason rather than the result.
  • legal obligation Law and duty overlap and are not the same. Unjust laws impose no moral duty, and many duties are unenforceable.
  • role responsibility Cicero's duties attach to stations; Kant's attach to any rational being. Both are called duty and they are different claims.
  • feeling obliged The sense of obligation is a psychological state and can be induced by manipulation. A duty is what one actually owes.

Defined against

  • Consequences The central structural division in modern ethics, between what an act produces and what it is

Philosophers

  • Immanuel Kant Duty grounded in rational agency, binding categorically
  • Cicero Duties by role and station, the influential ancient treatment
  • Thomas Aquinas Natural law as the source of obligation
  • John Stuart Mill The consequentialist alternative, and the attack on rule-worship
  • Simone de Beauvoir Obligation under conditions of constraint

Works

Schools

Related concepts

Cicero's De Officiis is the influential ancient treatment of duties by role; Kant's contribution is duty as binding through reason alone rather than through role, consequence or command.