UTILITARIANISM

LEGAL PHILOSOPHY
Evangelista Galvez

What is Utilitarianism?
Utilitarianism is a normative ethical
theory that places the locus of right
and wrong solely on the outcomes
(consequences) of choosing one
action/policy
over
other
actions/policies. As such, laws and
institutions are promulgated and
created as to promote the greatest
overall or average happiness of its

Utilitarianism as an Ideology
Rely upon:
(a) a theory of the human good (i.e., of
what is good for human beings, of
what is required for them to flourish)
and (b) an account of the social
conditions and forms of organization
essential to the realization of that
good.

Happiness is Relative

Soldier : War
Medal of Honor

Intellectual :
Diplomacy

Nobel Peace Prize

Objective
Basic needs, if not satisfied, lead to
lacks and deficiencies with respect to
a standard of mental and physical
well-being. A person's needs for food,
shelter, medical care, protection,
companionship,
and
selfdevelopment are, at least in part,
needs
of
this
sort.
[Sterba,
Contemporary Social and Political
Philosophy (Belmont, CA: Wadsworth

TheBentham
Philosophers
Jeremy
Hedonism
Exemplified

Pain

Pleasure

We seek pleasure and the avoidance of pain, they govern us

in all we do, in all we say, in all we think (Bentham PML, 1)

Hedonism
Pleasure or happiness is the highest good.
Only pleasure and pain motivates us.
Only pleasure has worth or value and only pain
or displeasure has disvalue or the opposite of
worth.

Nature has placed mankind under the

governance of two sovereign masters,pain,
andpleasure. It is for them alone to point out
what we ought to do, as well as to determine
what we shall do.An Introduction to the
Principles of Morals and Legislation, Bentham.

The Philosophers
John Stuart Mill a follower of Bentham
(1) It is not the quantity of pleasure, but the
quality of happiness that is central to
utilitarianism, (2) the calculus is unreasonable
-- qualities cannot be quantified (there is a
distinction between 'higher' and 'lower'
pleasures), and (3) utilitarianism refers to "the
Greatest Happiness Principle" -- it seeks to
promote the capability of achieving happiness
(higher pleasures) for the most amount of
people (this is its "extent").

Parameters:

Action 1/ Drinking

Action 2/ Reading

Intensity (How strong?)

Duration (How Long?)

20

30

Certainty (How Sure?)

Propinquity (How Soon?)

Fecundity (How Many More?)

25

Purity (How Free from Pain?)

-15

Totals:

35

66

The Philosophers
Henry Sidgwick Morality and
Utilitarianism
Had explicitly argued for the moral
symmetry of happiness and suffering. He
supposed that increases in happiness, and
reductions in suffering, are essentially of
equal value when of equal magnitude.
obtaining reasoned convictions as to what
ought to be done

Pain = Pleasure
Study = Learn
Practice = Master
Get Wasted =
Hangover
Promiscuity = STI

Application
Criminal Law - Crime and punishment are
inconsistent with happiness, they should be
kept to a minimum. Utilitarian's understand
that a crime-free society does not exist, but
they endeavor to inflict only as much
punishment as is required to prevent future
crimes.
Police Power - Public welfare lies at the
bottom of the promulgation of the said law and
the state in order to promote the general
welfare may interfere with personal liberty,
with property, and with business and
occupations. Persons and property may be
subject to all kinds of restraints and burdens in

 Taxation Redistribution of resources to ensure

that goods and services are available to allow
everyone to have a decent life, and to ensure that
these resources are distributed widely enough for all
or most people to enjoy them.
Eminent Domain By the States or of those to
whom the power of eminent domain has been
lawfully delegated, it can, upon payment of just
compensation, forcibly acquire the needed property
in order to devote it to the intended public use.

Salus populi est suprema lex

The welfare of the people is the supreme law.

Strengths
Convincing assumptions: preference
for pleasure and happiness.
Explains morality as a social
extension of natural inclinations.
Transforms difficult moral
deliberations into manageable
empirical considerations.
Advances flexibility over dogmatic
persistence on principles.The stress
is on the practices conducive to
happiness not on natural rights or

Weakness
The concept of happiness is not clear.
Very vague: equated either with
pleasures or with the public good.
Measurements and the units of
happiness are arbitrary and
subjective.
Disregard for motives and intrinsic
values could lead to immoral and
unjust consequences.
The social (altruistic) component
could be too demanding if pursued