Suppose that the captain impersonates an admiral and yells: “Turn hard to starboard!” The sailors ought to turn hard to starboard and the captain had the authority to command them this. But nonetheless the captain has failed to issue a valid order. For in order to issue a valid order, the captain needs to make herself heard as the captain. The sailors’ obligation to turn to starboard is not a command-obligation but rather is an obligation of conscience to do what one believes, correctly or not, to be the commands of legitimate authority. A sailor who refused to turn would be acting badly, but would not be disobeying an order: she wouldn’t be disobeying the captain’s order, since the captain did not order anything qua captain, or the admiral’s order, since the admiral didn’t order anything.
The same thing would be true, though perhaps less clearly, if the admiral impersonated the captain and told the crew to turn to starboard. The admiral had the authority to issue the order (or so I assume), but to do that she would have to have made herself heard as the admiral.
Similarly, if the captain is a telepath and induces in the helmsman a strong moral belief that he should turn the ship to starboard, no order has been issued to the helmsman. If the helmsman refuses to turn, he is disobeying conscience but he is not disobeying the captain.
Now, consider the command version of the divine command theory: God’s commands (rather than will) define moral obligation. Now we have a prima facie problem with atheists. The atheist believes in an obligation to refrain from stealing, but is not aware of it as a divine command. Therefore, it seems that no command has been validly issued to the atheist: the case seems relevantly like that of the telepath captain. Thus it follows that on the command version of the divine command theory, the atheist has no obligations.
This was a bit too quick, however. For a promulgation condition on commands that requires actual cognitive uptake is too strong. If the captain is yelling orders as captain but the helmsman has deliberately plugged her ears so as not to hear the orders, the helmsman’s failure to hear does not impugn the validity of the orders.
But suppose instead that the helmsman is hard of hearing due to a recent explosion, and the captain whispers the order while knowing the helmsman won’t hear it. In this case, the order is invalid. It seems, roughly, that if the captain could easily make the command heard as her command but does not do so, and the failure to hear it as her command is not something the other party is antecedently at fault for, then the command is invalid.
Now, it seems that there are atheists who are not at fault for their atheism, and whose failure to hear divine commands as divine commands is not something they are at fault for. But God could easily (everything is easy to an omnipotent being) make them hear them as such. So, on the command version of divine command theory, these atheists have never been validly commanded, and hence have no obligations—which is clearly false.
Maybe I will get some pushback on the claim that there are atheists who are not at fault for atheism. Let’s consider, then, the case of Alice, a life-long atheist who is at fault for her atheism and who was never aware of any divine command as a divine command. Then, at some point t1 of time, Alice did the first thing that made her be at fault for her atheism and/or her failure to be aware of divine commands as divine commands. Perhaps an argument for theism was being offered to her by Bob, but she refused to listen to Bob out of racism.
Now to be at fault, you have to culpably do something wrong. And, according to divine command theory, the wrong is always a violation of a (valid) divine command. So, at t1, Alice’s action was the violation of a valid divine command. But at t1, Alice wasn’t aware of the command as one from God, since we’ve assumed that Alice was never aware of any divine command as a divine command. And Alice’s failure to be aware of the command as one from God was not due to any antecedent fault of hers, since we have assumed that t1 is the time of Alice’s first action that made her be at fault with respect to this failure.
Thus, it seems that the divine command theorist who takes the command part of the theory seriously has to say that those who are now atheists are atheists because they disobeyed a command from God which they were aware of as a command from God. This is deeply implausible. It is way more implausible than the already not very plausible response to the hiddenness argument that says that all atheists are morally guilty for their atheism.
But perhaps we want to distinguish epistemic from moral fault, and say that a command can still be valid if it fails to be heard due to an epistemic fault that the commander could have easily overcome, even when that epistemic fault does not correspond to a moral one. I do not think this is plausible. Being unable to parse complex sentences might be an epistemic fault. But if I issue a complex command to someone I know to be incapable of parsing such complex sentences, when I could easily have used a simpler sentence with the same content, I do not validly command.