A standard line of objection against divine command theories is centered on the counterfactual:
- Even if God commanded it, torturing the innocent would be wrong.
But if we replace "God commanded it" with "God didn't forbid it", we actually get a much stronger argument. Actually, let's avoid counterfactuals, since we don't understand them well enough. We can give this argument:
- (Premise) Necessarily, torturing the innocent is wrong.
- (Premise) Possibly, God does not forbid torturing the innocent.
- (Premise) If divine command theory is true, then it is the case that: necessarily, something is wrong if and only if it is forbidden by God.
- Therefore, divine command theory is not true.
Interestingly, I think that if the argument works, it continues to work even if one replaces "God" with "a loving God", as in Robert M. Adams divine command theory.
The big question now is with regard to (3). A quick move to defend (3) is this. Possibly, God creates a world with no agents other than himself. In such a world, God wouldn't have any reason to issue any commands. So, possibly, there is a world with no agents other than God where no such commands have been issued. (Maybe you might object that God can issue a command to himself. But why would he need to? After all, the same loving character that might lead him to issue such a command would lead him to refrain from torturing the innocent.)
Now, this particular argument might make one worry that the assent to (2) was too quick. Perhaps instead the divine command theorist should have said:
- Necessarily, for every created agent x, it is wrong for x to torture the innocent.
But suppose we do grant such a restriction. I think my argument can be rescued. Add:
- (Premise) Possibly, there is a created agent x who is not forbidden to torture the innocent.
- (Premise) If divine command theory is true, necessarily: for every created agent x and action-type A, A is wrong for x if and only if A is forbidden to x.
- So divine command theory is false. (By 6-8)

