10 - Pragmatism and the Perils of Enforcement

Summary

This chapter shifts the focus from principle to pragmatic concerns. It starts by considering a number of pragmatic maxims that apply to the enforcement of morality. These maxims limit the relevance of the more abstract principles discussed in this book and will suggest to some that a better approach would start first with the maxims and consider principles only when necessary. This chapter indirectly defends the principles-first approach adopted in this book by outlining what would be lost if this rival maxims-first approach were pursued. The chapter then turns to the problem of overcriminalization, to which the ethical environmentalism defended in this book may seem to be especially vulnerable. This problem points to the importance of identifying alternative enforcement methods to the criminal law, and the importance of comparative assessments of legal and social enforcement mechanisms. The chapter concludes by discussing the social fact of intractable disagreement over the content of morality in modern societies, and the limits, as well as the benefits, this fact presents to the project of ethical environmentalism.