On January 25, 2015, the 84th Special Action Force (SAF)
conducted a police operation at Tukanalipao, Mamasapano in
Maguindanao. Also known as “Oplan Exodus”, it was intended to serve an arrest warrant for Malaysian terrorist and bomb-maker Zulkifli bin Hir, alias Marwan, who had a $5- million price on his head offered by the US Department of Justice. Marwan was killed in the operation. This mission eventually led to a clash between the Philippine National Police’s (PNP) SAF versus the Bangsamoro Islamic Freedom Fighters (BIFF) and the Moro Islamic liberation Front (MILF). Although the police operation was successful because of the death of Marwan, the firefight that ensued claimed 67 lives including 44 Special Action Force (SAF) commandos, 18 Moro Islamic Liberation Front (MILF) fighters and 5 civilians. However, the relatively high number of SAF members killed in this operation caught the attention of many including the Philippine media and the legislature. OPLAN EXODUS Conducted last January 25, 2015 by the 84th Special Action Force (SAF) at Tukanalipao, Mamasapano Maguindanao to carry out an arrest for Zulkifli bin Hir or Marwan who is a Malaysian terrorist. Sixty-seven lives were claimed including 44 SAF troopers, 18 MILF and 5 civilians. Senate president Franklin Drilon questioned the evidences under the Anti-Wire Tapping Law while Francis Escudero cited about the Free Legal Assistance Group (FLAG). 84th Special Action Force (SAF) 1987 Philippine Constitution Protect one’s right to private communication. Exemptions include: RA 4200 Anti-Wire Taping Law RA 9372 Human Security Act of 2007 Utilitarianism UTILITARIANISM Is an ethical theory that argues for the goodness of pleasure and the determination of right behavior based on the usefulness of the action’s consequences. The greatest happiness principle as the prime determinant of what can be considered as a good action. • Utility refers to the usefulness of the consequences of one’s action and behavior. • Utility itself is defined by Mill as happiness with the absence of pain. • A person is considered moral when their actions tend to promote utility of the general public in accordance with the Greatest Happiness Principle. • However, just an action increasing utility does not necessarily imply a moral action. Utilitarianism, by John Stuart Mill, [1806 – 1873], is considered by many to be the most influential. His utilitarian theory of morality is a development and classification of the earlier form of the theory authored by Jeremy Bentham [1748- 1832] and espoused by his father, James Mill [1773-1836] Born on February 15, 1748 in London, England He was the teacher of James Mill, father of John Stuart Mill He first wrote the greatest happiness principle of ethics and the PANOPTICON (system of penal management.) He was an advocate of economic freedom, women’s rights, animal rights, the abolition of slavery, death penalty, corporal punishment for children and the separation of church and state. Denied the individual legal rights nor agreed with the natural law. Died on June 6, 1832 and donated his corpse to the University College London (auto-icon display) An introduction to the Principles of Morals and Legislation (1789), in this book he begins by arguing that our actions are governed by two “sovereign masters”--- the pleasure and pain. Principle of the utility is about our subjection to these sovereign masters: pleasure and pain. Principle refers to the motivation of our actions guided by our avoidance of pain and our desire for pleasure. The principle also refers to pleasure as good if, and only if, they produce more happiness than unhappiness. Creed- foundation of morals, utility or the greatest happiness principle, holds that actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness. He proposed the Felicific calculus- a common currency framework that calculates the pleasure that some actions can produce. “Sovereign Masters” Pleasure and Pain. Jeremy Bentham argued these two as the one governing our actions in his book entitled “An Introduction to the Principles of Morals and Legislation”. Principle of Utility Subjection to these sovereign masters. Motivation of our actions as guided by our avoidance of pain and our desire for pleasure. Moral good as happiness and happiness as pleasure. Felicific Calculus (Bentham) Calculates the pleasure that some actions produce in a quantitative approach. Basis of evaluation includes: Intensity or the strength of pleasure. Duration or length of the experience of pleasure. Certainty or the likelihood that pleasure will occur. Propinquity, remoteness or how soon there will be pleasure. Fecundity or the chance it has of being followed by sensations of the same kind. Purity or the chance it has of not being followed by sensations of the same kind. Extent or the number of people being affected. FELICIFIC CALCULUS John Stuart Mill Son of James Mill, a friend and disciple of Jeremy Bentham. At the age of: Three – he studied Greek. Eight – he studied Latin. Eleven – wrote a history of Roman Law. Twenty – suffered a nervous breakdown. He thinks that this principle must distinguish pleasures qualitatively and not merely quantitatively to provide a criterion for comparative pleasures Theory of Life – pursuit for happiness and avoidance of pain. Mill explains: Utilitarianism could only attain its end by the general cultivation of nobleness of others, and his own, so far as happiness is concerned, were a sheer deduction from the benefit. Utilitarianism is concerned with everyone’s happiness, in fact, the greatest happiness of the greatest number. Moral values is based solely and exclusively on the difference it makes on the world’s total amount of pleasure and pain. Justice Mill understands this as a respect for rights directed toward society’s pursuit for the greatest number. o Rule of conduct Common to all mankind and intended for the good. o Sentiment A desire that punishment maybe suffered by those who infringe the rule. Consequentialism View that morality is all about producing the right kinds of overall consequences. The right to due process, the right to free speech or religion, and others are justified because they contribute to the general good. APPLICATION OF CONSEQUENTIALISM Rights For Mill, a valid claim on society and are justified by utility. It is also the socially protected interests of individuals in a community. Legal rights – protected by law. Moral rights – take precedence over legal rights. Justice can be more interpreted because it promotes the greater social good. Mill’s moral rights and considerations of justice are not absolute, but are only justified by their consequences to promote the greatest good of the greatest number. LEGAL RIGHTS vs MORAL RIGHTS LEGAL RIGHTS vs MORAL RIGHTS Utilitarianism, by John Stuart Mill, is an essay written to provide support for the value of utilitarianism as a moral theory, and to respond to misconceptions about it. Mill defines utilitarianism as a theory based on the principle that "actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness.“ Mill defines happiness as pleasure and the absence of pain. John Stuart Mill argues that we act and do things because we find them pleasurable and we avoid doing things because they are painful (theory of life) but for Bentham he identified it as the natural moral preferability of pleasure. • Mill said: The Greatest Happiness Principle holds that actions are right in proportion as they tent to promote happiness, wrong as they tent to produce the reverse of happiness. By happiness is intended pleasure, and the absence of pain; by unhappiness, pain and the privation of pleasure. • Some kinds of pleasures are more desirable and more valuable than others, it would be absurd that while, in estimating all other things, quality is not also considered as well as quantity.
• HAPPINESS” is defined in terms of pleasure and
reduction or absence of pain. Utilitarianism is consequentialist. For Bentham and Mill, utility refers to a way of understanding the results of people’s actions. Bentham and Mill are the two foremost utilitarian thinkers. 1. It is justifiable to build a basketball court because there are basketball fans, than to build a hospital because there are fewer sick people.
2. It is justifiable to torture a suspected criminals?