Utilitarianism

and Justice
PREPARED BY POOJA ASHAR
RESEARCH SCHOLAR, CUG, ROLL NO. 190704001
SUBMITTED ON 21.08.2019
 Morality and Justice
Morality is generally
regarded as “doing the right Justice is regarded as “doing
thing” the fair or just thing”
 Since the criteria for rightness and the criteria for fairness may be different,
sometimes the moral thing to do and the just thing to do will not be the same thing.

 In the case study of Queen vs. Dudley & Stephen it was rightly held that killing the
one who is not fit for satisfying hunger of the fit ones may be right thing to do for
survival of the two who killed and feed themselves on the flesh of the attenuated but
the same is an unfair and unjust act against principles of justice. Doctrine of Necessity
cannot shield an act which is in divorce to law and morality.

 In cases like these it is important to determine whether morality or justice is more

important.
Concept of Utilitarianism

Jeremy Bentham (1748-1832) : Argues that the principle of utility

should be the basis of morality and law. By utility he means

whatever promotes pleasure or prevents pain.

John Stuart Mill (1806-1873): Argues that respect for justice and

individual rights as the most sacred and binding part of all

morality.
 Bentham’s Principle of Utility

1. Nature has placed mankind under the governance of two sovereign masters :
Pain and pleasure. Whatever we think, we do, we say, every effort that we
make falls from idea of this.
2. Principle of Utility recognises this subjection and assumes it for the foundation
of that system, the object of which is to rear the fabric of felicity by hands for
reasons and of law. Say for example reason behind incorporation of Women
helpline Number 181 is increasing number of crimes against women.
3. By the principle of utility it means principle which approves or disapproves
action according to the tendency it appears. To augment or diminish happiness
of the party whose interest is in question. For e.g. Justice may considered to be
served when the prayers of the petitioner are addressed with just and proper
reasoning.
Bentham’s Principle of Utility (Contd..)

4. By utility is meant that property whereby community at large is benefited

and mischief pain and evil are prevented. For E.g. Concept of access to
justice for all and establishment for legal service centres and marginalised.
5. The focus lies on interest of community which is cluster of individuals and
therefore no private interest should be motivated at the stake of public
interest. Concept that Bentham concentrates on is Happiness for all.
6. Sum Total of Pleasures is gained by diminishing sum total of pains. Without
knowing what an individual desires to receive, the demand of the
community at large cannot be known.
 Bentham’s Principle of Utility (Contd..)

7. A measure of government may be said to be conformable to or dictated by the

principle of utility, when it has to augment the happiness of community is
greater than any which it has to diminish. For E.g. installation of CCTV cameras
for surveillance on compliance of Traffic Rules or working of District Judiciary
8. A measure of the Government where principle of utility is conformable or
dictated can be termed as law or dictate of utility.
9. A man may be said to be in partisan of the principle of utility.
10. Principle of utility means an action which is ought to be done and ought not,
not to be done in favour of the pleasures of mankind which ultimately asserts
deliverance of happiness.
Bentham’s Principle of Utility (Contd..)

11. For that which is used to prove everything else cannot itself be
proved: a chain of proof must have commencement somewhere. To
give such proof is as impossible as it is needless.
12. Rarest of all human qualities is consistency. Human are tend to
embrace this principle without rationalising their actions in order to
maximise pleasures in their lives.
13. When a man combats with this principle , it is with the reasons drawn
without being aware of it .
14. To disapprove the propriety of it by arguments is impossible, but
from the causes that have been mentioned, man may happen to be
disposed not to relish it.
Bentham opines: Value of Lot of
Pleasure or Pain to be measured

It is based on :
1. Intensity
2. Duration
3. Certainty or Uncertainty
4. Propinquity or Remoteness
5. Fecundity
6. Purity
 Utilitarianism in Words and ideology of
John Stuart Mill

Mill argues that the quality of happiness that you receive is required to be
magnified and not the quantity.

Not every happiness that individual aspires to have consists of quality.

For Example: sanctioning of the Infrastructural Development plans and

commercial plants without undergoing proper Environment Impact
Assessment is in violation to sustainable Human Development Goals, which
shall serve specific class of people but shall affect larger group at higher extent.
Such happiness doesn’t have quality to it.
 Utilitarianism in Words and ideology of
John Stuart Mill (Contd..)

Utility or Happiness is considered as directive rule of

human conduct. But it is by no means an indispensable
condition to the acceptance of the utilitarian standard; for
that standard is not the agent’s own greatest happiness
altogether; and if it may possibly be doubted whether a
noble character is always happier for its nobleness, there
can be no doubt that it makes other people happier, and
that the World in general is immensely a gainer by it.
 Utilitarianism in Words and ideology of
John Stuart Mill (Contd..)

According to Greatest Happiness Principle, the ultimate end, with reference to

and for the sake of which all other things are desirable (whether we are
considering our own good or that of other people) is an existence exempt as far
as possible from pain and as rich as possible in enjoyments, both in point of
quantity and quality.

The main constituents of satisfied life appears to be two; either of which itself is
often found sufficient for the purpose :
a. Tranquillity: Contentment with very little pleasure
b. Excitement: Reconciling themselves from considerable quantity of
pains.
Utilitarianism in Words and ideology of
John Stuart Mill (Contd..)

The ultimate sanction of the principle of utility is to understand

individual moral obligation. Instead of showing sympathy be
empathetic and reduce the infusion of the quantum of pains by
delivering quality of happiness.

For e.g. My moral obligation as an Advocate is to guide my clients in

the areas of law. Professionally protect them even when they have
breached the law. Ethically guide them towards reformative measures.
Larger happiness is in reformation which can assist happiness for
community at large by reduction in crime ratio.
Utilitarianism in Words and ideology of
John Stuart Mill (Contd..)

• Mill argues upon what sort of proof the principle of utility is

susceptible tends to.
• He argues that Means, Virtue and Will/Desire are limbs of statement
on proof of principle of utility is susceptible. It is paralysed if any of
these are not sufficed or contemplated in the actions taken in order to
meet the principle of utility. Hence these are pre-requisites as well to
identify whether quality of happiness is delivered through the actions
and such actions aren’t evil to public at large.
 Mill on Connection between
Justice and Utility
• Mill opines that a feeling is bestowed on us by Nature, does not
necessarily legitimate all its promptings. The feeling of justice might
be a peculiar instinct and might yet require, like other instincts to be
controlled and enlightened by a higher reason.
• Mill says that there are five ways of imparting decisions or taking
actions which shall violate principles of justice or would
tantamount to injustice:
1. Violation of legal Rights
2. Violation of Moral Right
3. Violation of rights that he deserves to receive
4. Breach of Faith and Unreasonable Forfeiture of benefit
5. Prejudice or partiality
 Mill on Connection between
Justice and Utility

• The idea of justice supposes two things- a rule of conduct and a

sentiment which sanctions such rule. The First must be supposed
common to all mankind and intended for their good. The other is a
desire that punishment may be suffered by those who infringe the
rule.
• It is no objection against this doctrine to say that when we feel our
sentiment of justice outraged, we are not thinking of society at large
or of any collective interest but only of individual case. One who
expressly stands up for the interest of society, certainly does feel that
he is asserting a rule which is for benefit of others as well as for his
own.
 Reflections and Conclusions
• Where Bentham asserts that there should be reduction in pains and

increment in pleasures in order to achieve justice for all, Mill confirms

upon deliverance of quality of happiness which considers the benefit

of community at large.

• Mill argues that what gives you pleasure and reduces your pains

necessarily may not be the same which others receive or reduce.

• Mill argues that principle of utility under the concept of justice is said

to have been achieved and served when the means of justice reaches its

end not by disrupting sentiments of pleasure and happiness of

community at large.
Reflections and Conclusions

• In simple terms if hunger is to be curbed then theft is not the

means through which the same can be sanctified. Government

requires to take proper measures for the same and create means

for employment.

• Similarly provision for self defence doesn’t give you right to kill.

• Hence, principle of utility can lead to or be an aid to deliverance

of justice only when the act of taking decision is based on

morality and its forecast of its impact on community as a whole.