Table of Contents Chapter II: Utilitarianism • The Principle of Utility • Principle of the Greatest Number • Justice and Moral Rights Chapter Objectives After presenting this chapter, you should be able to: • Discuss the basic principles of utilitarian ethics; • Distinguish between two utilitarian models: the quantitative model of Jeremy Bentham and the qualitative model of John Stuart Mill; and • Apply utilitarianism in understanding and evaluating local and international scenarios. INTRODUCTION 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 Zulkifi bin Hir or Marwan, a Malaysian terrorist and bomb- maker who had a $5 million bounty on his head. Although the police operation was “successful” because of the death of Marwan, the firefight that ensued claimed 67 lives – 44 Special Action Force (SAF) troopers, 18 Moro Islamic Liberation Front fighters, and five civilians. In one of the Congress investigations that followed this tragic mission, then Senate President Franklin Drilon and Senator Francis Escudero debated the public hearing of an audio recording of an alleged conversation that attempted to cover up the massacre of the PNP-SAF commandos. Drilon questioned the admissibility of these recordings as evidence under the Anti-Wire Tapping Law whereas Escudero cited the legal brief of the Free Legal Assistance Group (FLAG) arguing that the Anti-Wire Tapping Law protects only the recording and interception of private communications. Senator Grace Poe, previous chairperson of the Senate committee on public order and dangerous drugs, argued otherwise. “Sinabi na ni Senator Drilon na ito daw ay illegal, na hindi daw pwede, na ako daw ay pwedeng maging liable kung ito daw ay ipapakinig ko sa Senado, ako naman, ano ba itong mga batas na ito? . . . Ang mga batas na ito ay para malaman natin ang katotohanan at magkaroon tayo ng hustisya. Itong mga anti-wiretapping or mga recording na ganito, kung hindi pwedeng ilabas sa publiko, pwede naming gawing basehan sa executive session.” Senator Poe’s response leads us to ask: Can the government infringe individual rights? If it is morally permissible for the government to infringe individual rights, when can the government do so? Does it become legitimate to sacrifice individual rights when considering the greatest benefit for the greatest number of people? THE PRINCIPLE OF UTILITY For Jeremy Bentham (1748–1832), the principle of utility is about our subjection to these sovereign masters: pleasure and pain. On one hand, the principle refers to the motivation of our actions as guided by our avoidance of pain and our desire for pleasure. On the other hand, the principle also refers to pleasure as good if, and only if, they produce more happiness than unhappiness. John Stuart Mill (1806–1873) supports Betham’s principle of utility. He reiterates moral good as happiness and, consequently, happiness as pleasure. Mill clarifies that what makes people happy is intended pleasure and what makes us unhappy is the privation of pleasure. The things that produce happiness and pleasure are good; whereas, those that produce unhappiness and pain are bad. For Bentham and Mill, the pursuit for pleasure and the avoidance of pain are not only important principles— they are in fact the only principle in assessing an action’s morality. Why is it justifiable to wiretap private conversations in instances of treason, rebellion, espionage, and sedition? Why is it preferable to alleviate poverty or eliminate criminality? In determining the moral preferability of actions, Bentham provides a framework for evaluating pleasure and pain commonly called felicific calculus, a common currency framework that calculates the pleasure that some actions can produce. Contrary to Bentham, Mill argues that quality is more preferable than quantity. An excessive quantity of what is otherwise pleasurable might result in pain. Whereas eating the right amount of food can be pleasurable, excessive eating may not be. THE PRINCIPLE OF THE GREATEST NUMBER
Utilitarianism is not only about our individual pleasures,
regardless of how high, intellectual, or in other ways noble it is, but it is also about the pleasure of the greatest number affected by the consequences of our actions. Utilitarianism is not dismissive of sacrifices that procure more happiness for others. Also, it implies that utilitarianism is not at all separate from liberal social practices that aim to improve the quality of life for all persons. • Because of the premium given to the consequences of actions, Mill pushes for the moral irrelevance of motive in evaluating actions:
He who saves a fellow creature from drowning does what is morally
right, whether his motive be duty or the hope of being paid for his trouble; he who betrays the friend that trusts him, is guilty of a crime, even if his object be to serve another friend to whom he is under greater obligations. But to speak only of actions done from the motive of duty, and in direct obedience to principle: it is a misapprehension of the utilitarian mode of thought, to conceive it as implying that people should fix their minds upon so wide a generality as the world, or society at large. JUSTICE AND MORAL RIGHTS Mill understands justice as a respect for rights directed toward society’s pursuit of the greatest happiness for the greatest number. For him, rights are a valid claim on society and are justified by utility. Utilitarians argue that issues of justice carry a very strong emotional import because the category of rights is directly associated with the individual’s most vital interests. All of these rights are predicated on the person’s right to life. Mill describes: Mill describes: To have a right, then is, I conceive, to have something which society ought to defend me in the possession of. If the objector goes on to ask why it ought, I can give him no other reason than general utility. If that expression does not seem to convey a sufficient feeling of the strength of the obligation, nor to account for the peculiar energy of the feeling, it is because there goes to the composition of the sentiment, not a rational only but also an animal element, the thirst for retaliation; and this thirst derives its intensity, as well as its moral justification, from the extraordinarily important and impressive kind of utility which is concerned. The interest involved is that of security, to everyone’s feelings the most vital of all interests. Mill creates a distinction between legal rights and their justification. He points out that when legal rights are not morally justified in accordance to the greatest happiness principle, then these rights need neither be observed, nor be respected. This is like saying that there are instances when the law is not morally justified and, in this case, even objectionable. While it can be justified why others violate legal rights, it is an act of injustice to violate an individual’s moral rights. Going back to the case of wiretapping, it seems that one’s right to privacy can be sacrificed for the sake of the common good. This means that moral rights are only justifiable by considerations of greater overall happiness. DISCUSSION POINTS 1. Mill revises utilitarianism by arguing for “higher” pleasures. Which pleasures are higher? 2. Do you agree that happiness is the pursuit of pleasure and the avoidance of pain, and that all actions are directed toward pleasure? PROCESSING QUESTIONS 1. Does utilitarianism question individual rights? What if violating the civil rights of a minority increases the sum total of pleasure of the majority? 2. Is it justifiable to build a basketball court because there are basketball fans, than to build a hospital because there are fewer sick people? QUESTION 1 What is utilitarianism and why is it a kind of consequentialist theory of ethics? ANSWER 1 Utilitarianism is an ethical theory which asserts that the morality of an action is dependent upon or based on the usefulness of the action’s consequences. It is a consequentialist theory because it gives importance to the consequences of action as the basis of morality, where the goodness of an action is solely based on the usefulness of its consequences. QUESTION 2 What is the principle of utility and what makes pleasure good according to this principle? ANSWER 2 The principle of utility states that human beings by nature desire for pleasure and avoid pain. A pleasure is good if it produces more happiness. This implies that a pleasure can be bad if it does not produce more happiness. Sleeping is pleasurable if by such pleasure it recharges you so that you can do your job well afterwards. The pleasure of sleeping can be bad the moment it leads you to be late in class or fail to finish your job on time. QUESTION 3 What is happiness according to the principle of utility and what makes an action right or wrong according to this principle? ANSWER 3 Happiness is the experience of intended pleasure and the absence of pain. The pleasure must be intended or desired and must not have any admixture of pain. For example, I went to the party to meet and mingle with my long- time crush but I wasn’t able to do so, but instead I met Jane De Leon, more beautiful and sexy than my crush. Am I happy? Why not? ANSWER 3 (continued) An action is right if it promotes happiness and wrong if it promotes the opposite of happiness, that is, pain. Studying my lesson, though not pleasurable in itself, is the right thing to do tonight considering that: 1) I have a final quiz tomorrow which can make or break my making it in the course; 2) I have not reviewed at all before tonight, and I have no other more convenient time to review than tonight. Studying my lesson gives me greater chances of passing the course which will make me happy. ANSWER 3 (continued) Considering the same situation, it would be wrong for me to have a drinking or Mobile Legend session with my visiting high school pals, though could be pleasurable to me, but most probably will result to my flunking the course, which will make me experience the opposite of happiness. QUESTION 4 What are the two ways by which we find an action pleasurable according to Mill? ANSWER 4 First, an action is pleasurable if it is pleasurable in itself. Eating, sleeping, watching your favorite movie or TV show, etc. are pleasurable in themselves. Second, an action is pleasurable if it ultimately leads to the promotion of pleasure and the avoidance of pain. Going to school and getting a degree, though not quite pleasurable, leads to the pleasure of having better- paying and more stable jobs in the future, and avoids the pain of joblessness and financial instability and poverty. QUESTION 5 What is for Bentham and Mill the only principle in assessing the morality of human action and why do they think so? Give some concrete example. ANSWER 5 The only principle in assessing the morality of an action is the pursuit of happiness and the avoidance of pain. Bentham and Mill think so because they see human beings as creatures of pleasure, that is, their well-being and the value of their lives depend on pleasure and pain experienced. A life of greater pleasure and free from pain is worth-having while a life full of pain and suffering is not. An action which brings pleasure or improve the quality of life is good or morality right while one which brings pain and suffering is bad or wrong. QUESTION 6 Why does Mill argue against Bentham that the quality of pleasure is more preferable than the quantity of pleasure? ANSWER 6a Because for Mill an excess of what is pleasurable might/can result to pain. For example, eating is pleasurable but excessive eating can lead to pain or indigestion. Playing mobile games is good when one needs to be entertained or to unwind from a stressful day but playing too much might lead one to neglect other more important things in life like health, studies, family and work duties, etc. ANSWER 6b Because for Mill actual choices of knowledgeable people show that higher intellectual pleasures are preferable than purely sensual appetites. A good novel is better than a porn magazine. Meeting a long lost friend is preferable than partying with casual friends. Truth is more preferable than convenience. Justice than profit. ANSWER 6c Because for Mill no human beings in his/her sane mind would exchange human qualities of higher reason over animal pleasures. What do you say of a student who prefers to stay in bed and not enter his morning classes because he feels lazy that day? Or a storekeeper who does not immediately entertain you because he can’t stop watching basketball on TV. QUESTION 7 What does Mill mean by this? “It is better to be a human being dissatisfied than a pig satisfied.” ANSWER 7 (flexible answer) According to Mill, human beings are capable of higher (intellectual/rational) pleasures than base (sensual) pleasures. Animals only know sensual pleasures and know nothing of intellectual pleasures but human beings know both. Human beings know better than sensual pleasures. She can be better than that. What makes her human is the pursuit of intellectual pleasures not plain animal pleasures. It is better to pursue intellectual pleasures, fall short, and be dissatisfied than simply pursue animal pleasures which are easier to get and be surely satisfied. It is better to be human than to be an animal. QUESTION 8 Utilitarianism is basically about choosing an action which makes me happy and avoiding what brings me pain. But why can’t utilitarianism lead to selfish acts? Give a concrete example. ANSWER 8 (flexible answer) Utilitarianism cannot lead to selfish acts because mere individual happiness contradicts the greatest happiness principle. The greatest happiness principle states that: What is good is that which promotes the greatest happiness for the greatest number of people. Individual happiness at the expense of others does not really make the individual truly happy. But a happiness which considers the happiness of the greatest number of people is what makes an individual truly happy. QUESTION 9 What is a right (karapatan) for Mill and what makes a right valid? ANSWER 9 A right is a valid claim on society and is justified by the principle of utility. It is something that society must give and protect. A right is a valid right if it contributes or serves the general good or the greatest happiness of the greatest number. A right to presume innocent before proven guilty is a valid right for it is advantageous to all rather than deny this right to anyone. If everyone is denied of this right then anyone can be falsely accused and suffer imprisonment even after they are proven innocent. QUESTION 10 What is justice for Mill? ANSWER 10 Justice is a respect for rights directed toward society’s pursuit for the greatest happiness for the greatest number. Justice reigns when valid rights of individuals and groups are recognized, honored, promoted, and protected. Injustice occurs when rights are violated without justifiable reasons. If I have the right to speak and be heard, then society has the obligation not to silence me and listen to me, to promote and defend my right. QUESTION 11 Why are utilitarians the staunchest defenders of animal rights? How can animals have rights based on utilitarian principles? ANSWER 11 Because protecting the interest of animals has the consequence of adding up to the sum-total of happiness. Like humans, animals are capable of pleasure and pain. Hence, their well-being is equally governed by the utility principle. Protecting the animals’ right to well-being (a life free from unnecessary pain or suffering) contributes to overall human pleasure. QUESTION 12 Why does Mill think that moral rights take precedence over legal rights? ANSWER 12 A legal right needs to be morally justified on the basis of the greatest happiness principle which is grounded on moral rights, e.g., right to life, liberty, property, happiness. Hence, when a legal right conflicts with a moral right, it is tantamount to having a law which infringes on a moral right— it is an injustice. Such a law (legal right) is unjustified under the greatest happiness principle. ANSWER 12 (continued) Citizens are morally permitted not to follow/obey such unjust law. They are even morally obliged to protest against that law. Citizen’s right to life, liberty, and property takes precedence over the government’s legal right to impose discipline and social order. The very reason why discipline and social order are imposed is to protect and promote the lives of citizens. ANSWER 12 (continued) But if the very imposition of discipline, law and order endangers the lives of citizens, then that would be unjustifiable under the principle of utility. Take the case of the film Equalizer where the government outlaws all forms of emotions and their expressions (no art, no music, no pets, no family, etc.). Also in Hunger Games where the capital plays on the lives of people for their cheap entertainment. QUESTION 13 When is the case that legal right may morally justifiably override a moral right? ANSWER 13 When under extreme circumstances and it is for the sake of a greater good or the greatest good of the greatest number. Right to property is a moral right, but the government may override that right for the common good. ANSWER 13 (continued) Freedom to travel or of abode could be overridden in the case of suspected and convicted criminals by legal right to protect the citizens from further harm. The teacher has the legal right to make a seat plan for students which overrides the students moral right to sit where they want. QUESTION 14 (flexible answer) Are all pleasures commensurable? Can they be evaluated on a single scale? Can some goods like friendships be balanced against other goods, like money? ANSWER 14 There cannot be a common standard of pleasure as you cannot use the same standard for both sensual and intellectual pleasures. They are of entirely different quality—qualitatively different. You cannot compare the pleasure of eating ice cream and the pleasure of a heart-t0-heart talk with a true friend. The pleasure of a leisure walk cannot be compared with the pleasure of promotion based on pure hard work. QUESTION 15 (flexible answer)
Mill revises utilitarianism
by arguing for “higher” pleasures. Which pleasures are higher? ANSWER 15 Obviously, intellectual/spiritual pleasures are higher than sensual/physical pleasures. Being satisfied merely with physical pleasures is fitting for animals, but the pleasures fitting for humans are intellectual: truth, justice, beauty, goodness, etc. The pleasure of truth is higher than the pleasure of money. The pleasure of winning in mobile games is nothing to the pleasure of making it in a subject with flying colors. QUESTION 16 (flexible answer) Mill proposes that “higher” pleasures are those preferred by the majority of people. Do you agree that this is a good way of distinguishing between higher and lower pleasures? Can a well-informed majority prefer higher pleasures? ANSWER 16 I don’t think that the nobility of pleasures is not determined by vote because the quality and value of pleasure are determined by its contribution to the human well-being and quality of life and these concepts cannot be fully accounted by the degree of physical pleasures one experiences. ANSWER 16 (continued) The majority is sometimes misinformed or is governed by whims and caprice. Most probably a well-informed majority may prefer higher pleasures unless they are also twisted or blinded by their own prejudices. According to Niccolo Machiavelli, “Men in general judge more from appearances than from reality. All men have eyes, but few have the gift of penetration.” QUESTION 17 (flexible answer) Does utilitarianism question individual rights? What if violating the civil rights of a minority increases the sum total of pleasure of the majority? ANSWER 17 Sometimes, but basically utilitarianism protects and promotes individual rights, individual happiness. The more individual pleasures are added to the sum-total of happiness, the better. That is the greatest happiness of the greatest number. ANSWER 17 (continued) But when individual rights collides with rights of more significant implications to the lives of a greater number of people, then that can question individual rights. Right to security is more important to right to some sort of convenience and comfort. More strict and rigorous searches of baggage on ports sacrifices a lot of individual convenience and comfort. QUESTION 18 (flexible answer) Do you agree that happiness is the pursuit of pleasure and the avoidance of pain, and that all actions are directed towards pleasure? ANSWER 18 Sort of. I agree that happiness is the pursuit of pleasure, base or noble; but I don’t agree with the avoidance of pain because sometimes we are willing to experience pain to avoid other more significant pains or to attain more significant pleasures. ANSWER 18 (continued) I also agree that all actions are directed towards pleasures. Even the masochist loves pain because he/she derives pleasure from pain. Those who avoid the pleasure of sin and immorality is pursuing the pleasure of a more profound satisfaction and of immortality. QUESTION 19 (flexible answer) Are all pleasures comparable, even objectionable pleasures? What if the majority derives pleasure from being sexist? ANSWER 19 Obviously. In philosophy nothing is incomparable and unobjectionable. Nothing and no one is immune to questioning. Not even kings, presidents, or leaders of the church. No pleasures are absolute and perfectly true in all situations. ANSWER 19 (continued) Some pleasures are better than others. The pleasure of studies is higher than the pleasure of eating or playing. But to subject yourself to extreme hunger or constant starvation for the sake of getting higher grades is wrong when it can lead to sickness or death. Too much study and no play makes Johnny a dull boy. ANSWER 19 (continued) The principle of the greatest happiness for the greatest number is never absolute. It is wrong to subject one person to humiliation or discomfort just because it brings pleasure to many. The right to freedom from pain is more important than anybody’s right to enjoy. However, the death or potential death of one or more may be justified for the life and security of greatest number. QUESTION 20 (flexible answer) Is it justifiable to build a basketball court because there are basketball fans, than to build a hospital because there are fewer sick people? ANSWER 20 This question reiterates the answer to the previous question (#19). The answer is obviously no. The principle of greatest number cannot be applied literally and cannot compare with the principle of the greater pleasure. ANSWER 20 (continued) The pleasure of entertainment is less significant to the pleasure of health. Those who enjoy basketball can or may get sick or injured and they will surely need hospitals. And those who are sick now may not necessarily appreciate basketball. Hospital is everybody’s need while basketball is not everybody’s need. Besides needs are more important than wants. QUESTION 21 (flexible answer) When is it justifiable to torture suspected criminals? ANSWER 21 Torture is justifiable under extreme and very rare circumstances like the “ticking time-bomb scenario” where you have to take your chances. In most cases, torture is hardly justifiable even on utilitarian grounds of good consequences. ANSWER 21 (continued) If torturing a criminal would surely (?) lead to a valuable and true confession, then go for it. But the problem is the question of the effectivity of torture in attaining the consequences desired. Scientific studies and experiences of expert interrogators prove otherwise compared to rapport-building methods. Torture hardly works. ANSWER 21 (continued) On utilitarian grounds, torture less likely leads to the good consequences desired and actually inflicts unjustifiable harm to the criminal; hence it is ethically wrong in almost all circumstances and justifiable in extreme circumstances where there is no more time and no other (better) way.