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- James Wood Bailey (1997). Utilitarianism, Institutions, and Justice. Oxford University Press.This book is a rebuttal of the common charge that the moral doctrine of utilitarianism permits horrible acts, justifies unfair distribution of wealth and other social goods, and demands too much of moral agents. Bailey defends utilitarianism by applying central insights of game theory regarding feasible equilibria and evolutionary stability of norms to elaborate an account of institutions that real-world utilitarians would want to foster. With such an account he shows that utilitarianism, while still a useful doctrine for criticizing existing institutions, is far more congruent with ordinary moral common sense than has been generally recognized. A controversial attempt to support the practical use of utilitarian ethics in a world of conflicting interests and competing moral agents, Bailey's work uniquely bridges the abstract debate of philosophers and the practical, consequence-based debates of political scientists.
Similar books and articles
The critique of utilitarianism forms a crucial subplot in the complex analysis of social justice that John Rawls develops in his first book, A Theory of Justice.1 The weaknesses of utilitarianism indicate the need for an alternative theory, and at many stages of the argument the test for the adequacy of the new theory that Rawls elaborates is whether it can be demonstrated to be superior to the utilitarian rival. The account of social justice shifts in the transition to Rawls’s second great book, Political Liberalism. The account of what is wrong with utilitarianism undergoes revision as well. In this essay I examine both the initial critique of utilitarianism and its transformation in Rawls’s later writings. To anticipate my conclusion: Rawls’s proposal that we should maximin rather than maximize leads to an interesting standoff. The argument for maximin is not compelling, but straight additive maximization of the utilitarian sort is revealed to be merely one possible function among many, any of which (for all we know) correct morality might instruct us to maximize. Rawls further urges that utilitarianism goes astray in taking the maximandum, the thing to be maximized, to be utility rather than primary social goods. The argument for primary social goods is not compelling, but it does not follow that utility alone is to be maximized. The espousal of the ideal of legitimacy in Political Liberalism does not affect these conclusions, and the arguments..
A standard criticism of utilitarianism is that it is only indirectly concerned with the distribution of welfare between individuals and, therefore, does not take adequate account of the separateness between individuals. This has led some to conclude that the utilitarian must either downplay the moral significance of distinct identities (e.g. Parfit) or concede that justice represents a prior and independent constraint on the pursuit of the good (e.g. Rawls). An intriguing alternative presents itself if we accept that intrinsic value for the world is independently generated by the receipt of welfare and the degree to which receipt accords with the demands of justice. Fred Feldman, for example, argues that an action is right if and only if it maximizes the sum of both these sources of intrinsic value. The proposal retains the aggregative structure of utilitarianism and takes into account the morally relevant differences between individuals. In response I argue that justice-adjusted utilitarianism collapses into a deontological theory because (i) the axiology assigns lexical priority to justice and (ii) the alleged intrinsic value of justice is entirely derivative.
Economic concepts and methods are used to throw light on some aspects of common-sense ethics and the difference between it and Utilitarianism. (1) Very few exceptions are allowed to the rules of common-sense ethics, because of the cost of information required to justify an exception to Conscience and to other people. No such stringency characterizes Utilitarianism, an abstract system constructed by philosophers. (2) Rule Utilitarianism is neither consistent with common-sense ethics, nor does it maximize utility as has been claimed for it. The same is true of more recent variants of Utilitarianism. (3) Second best and first best are usually identical in common-sense ethics. They are often identical in Utilitarianism when a moral situation can be represented by a Prisoner's Dilemma. However, problems arise in permissive forms of Utilitarianism when it is not obvious that second best should be applied.
In Goodness and Justice, Joseph Mendola develops a unified moral theory that defends the hedonism of classical utilitarianism while evading utilitarianism's familiar difficulties by two modifications. His theory incorporates a new form of consequentialism. When, as is common, someone is engaged in conflicting group acts, it requires that one perform the role in that group that is most beneficent. The theory holds that overall value is distribution-sensitive, ceding maximum weight to the well-being of the worst-off sections of sentient lives. It is properly congruent with commonsense intuition and required by the true metaphysics of value, by the unconstituted natural good found in our world.
Introduction -- The nature and assessment of moral theories -- What is utilitarianism? -- Well-being -- Utilitarian aggregation -- A user-friendly guide to action? -- Is utilitarianism too demanding? -- Is utilitarianism too permissive? -- The way outcomes are brought about -- The place of rules in utilitarianism.
In this paper I argue for the following conclusions: 1. The widely shared beliefs that in utilitarianism and consequentialism (a) the good has priority over the right and (b) the right is derived from the good, are both false. 2. The most plausible components of utilitarianism that are used to present it as an intuitively compelling moral theory - welfarism, consequentialism and maximization - do not in fact support utilitarianism because they do not establish that the best state of affairs is the one with the highest sum total of the non-moral good. These components cannot determine which state of affairs is the best and therefore leave it entirely open whether one should opt for distribution-insensitive utilitarianism or a distribution-sensitive welfarist consequentialism. Since this is left open, it is not the case that distribution-insensitive utilitarianism is the default option and every deviation from it towards a more just distribution needs to be defended against utilitarianism. Rather, in light of our moral intuitions and the persistence of the objection from justice against utilitarianism, it seems to be the other way round, that distribution-sensitivity is the default option and any deviation from it bears the burden of proof.
Is there a limit to the legitimate demands of morality? In particular, is there a limit to people's responsibility to promote the well-being of others, either directly or via social institutions? Utilitarianism admits no such limit, and is for that reason often said to be an unacceptably demanding moral and political view. In this original new study, Murphy argues that the charge of excessive demands amounts to little more than an affirmation of the status quo. The real problem with utilitarianism is that it makes unfair demands on people who comply with it in our world of nonideal compliance. Murphy shows that this unfairness does not arise on a collective understanding of our responsibility for others' well being. Thus, according to Murphy, while there is no general problem to be raised about the extent of moral demands, there is a pressing need to acknowledge the collective nature of the demands of beneficence.
There are many forms of utilitarianism, and the development of the theory has continued in recent years. I shall not survey these forms here, nor take account of the numerous refinements found in contemporary discussions. My aim is to work out a theory of justice that represents an alternative to utilitarian thought generally and so to all of these different versions of it. I believe that the contrast between the contract view and utilitarianism remains essentially the same in all these cases. Therefore I shall compare justice as fairness with familiar variants of intuitionism, perfectionism, and utilitarianism in order to bring out the underlying differences in the simplest way. With this end in mind, the kind of utilitarianism I shall describe here is the strict classical doctrine which receives perhaps its clearest and most accessible formulation in Sidgwick. The main idea is that society is rightly ordered, and therefore just, when its major institutions are arranged so as to achieve the greatest net balance of satisfaction summed over all the individuals belonging to it.9..
We use the term “justice” in many different ways. In this essay, I consider justice only as it used in Anglo-American political and legal theory. In this realm of discourse, all forms of justice consist of non-utilitarian allocative principles, i.e., principles governing, to put it as broadly as possible, who gets how much of what. Some may wish to treat utilitarian principles as principles of justice. As a matter of nomenclatural pedantry, this is surely reasonable. But, perhaps as a consequence of John Rawls’ arguments in Theory of Justice,2 or perhaps as a result of Aristotle’s classifications of two forms of justice in the Nicomachean Ethics,3 or perhaps as a result of John Stuart Mill’s appreciation of the need for reconciling utilitarianism with justice,4 we generally think of justice as consisting of principles that are sensitive to factors shielded from any stable form of utilitarianism. Furthermore, thanks to Rawls, we generally think of distributive justice as being primarily applicable to political and social institutions and not to individual actors (this, though, has been challenged by those who would still recognize a sharp distinction between utilitarianism and justice5). Regardless of whether this distinction between justice and utilitarian principles is sustainable in the long term, I shall presume it, if only to make clear what is at stake if we are to treat utilitarianism as just one form of justice.
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