What is threshold deontology, and isn’t it just consequentialism with extra steps?
In my constitutional law seminar we discussed whether rights can ever be suspended in an emergency. I mentioned the ADM Jabalpur case from 1976, when our Supreme Court accepted that even the right to life could not be enforced during the Emergency, a decision now almost universally regarded as a disgrace and later expressly disowned by the Court itself. Someone then said that most philosophers today are “threshold deontologists” anyway, so rights always have a breaking point.
I did not know the term. As far as I can tell, it means: some acts are forbidden whatever the gain, until the stakes become catastrophic, at which point the prohibition gives way.
My questions:
- Is that an accurate summary?
- Isn't this just consequentialism that refuses to admit it? If enough lives can override the constraint, it seems the numbers were in charge all along.
- Who decides where the threshold is, and is there any principled way to set it?
I care about this practically. If our constitution's rights are threshold rights, then the argument in every emergency will be that we have crossed the line.