Utilitarianism

In Legal Ethics

Punita Yadav
Grishma Dahal
 What is Utilitarianism?
Utilitarianism is an Ethical theory focused on maximizing overall happiness or
well-being.
It evaluates the morality of an action based on its consequences and the
amount of happiness or utility it produces.
The "Principle of Utility" states that actions should be judged by their ability to
produce the greatest amount of happiness or utility for the greatest number of
individuals affected.
Utilitarianism is a consequentialist theory, meaning it assesses the morality of
actions based on their outcomes.
Happiness is understood in terms of pleasure and the absence of pain.
The goal of utilitarianism is to achieve the greatest net balance of happiness
over suffering.
Criticism: One common critique is that it can lead to the violation of individual
rights or the sacrificing of minority interests for the greater good.
Utilitarianism in the Legal Profession
• Utilitarianism informs ethical considerations, decision-making,
and dispute resolution in the legal profession.
• Legal professionals evaluate consequences and ethical
dilemmas based on overall happiness and utility.
• Impartiality and universal consideration are emphasized,
promoting the well-being of all individuals affected.
• Utilitarianism guides legal decision-making by maximizing
overall happiness and utility.
• Legal advocacy and dispute resolution aim to satisfy the
interests of all parties involved and promote overall well-
being.
• Scenario :
• Suppose there is a criminal case where a defense attorney is representing a defendant who is
accused of a serious crime. The attorney has strong evidence that the defendant is guilty and
can secure a conviction if they present it in court. However, the attorney believes that if the
defendant is convicted, it would lead to severe consequences for their family members, who
are financially dependent on the defendant.

• From a utilitarian perspective, the attorney would evaluate the potential consequences of
their actions and aim to maximize overall well-being. They would consider the impact of their
decision on various stakeholders, such as the defendant's family, the victim, and society as a
whole.

• In this scenario, the utilitarian approach would involve weighing the potential harm caused
to the victim and society by letting the defendant go free versus the harm caused to the
defendant's family if the defendant is convicted. The attorney would assess which course of
action would lead to the greatest overall benefit or the least overall harm.

• If the attorney determines that the harm caused to the victim and society by letting the
defendant go free outweighs the harm caused to the defendant's family by securing a
conviction, they may choose to present the evidence in court and seek a conviction. This
decision would be based on the utilitarian principle of maximizing overall well-being by
preventing further harm and maintaining social order.
Principle of Utility: Greatest Happiness
Principle

• Developed by Jeremy Bentham and refined by John Stuart Mill

• Focuses on maximizing happiness and minimizing suffering
• Pain and pleasure determine what we ought to do and the chain
of causes and effects.
• The principle of utility approves or disapproves of every action
based on its tendency to augment or diminish the happiness of
the party involved.
• Utility refers to the property of an object to produce benefit,
advantage, pleasure, or prevent pain, evil, or unhappiness.
• It applies to actions of individuals as well as government
measures.
• Utility can be understood in terms of the happiness of the
community or a particular individual.