Abstract The paper discusses utilitarianism, an ethical philosophy which holds that the right course of action is the course of action which provides the greatest good. The paper then looks at deontological ethics that believes a person has certain duties which he should carry out. The paper looks at Immanuel Kant's deontological beliefs of moral duties and discusses how duty requires a defense lawyer to zealously represent the defendant even if he/she knows that a client is guilty and believes that if the client is not imprisoned, he/she will commit more crimes. The paper further explains that an attorney is required to not take a case in which he cannot give zealous representation.
From the Paper "Utilitarianism is an ethical philosophy which holds that the right course of action is the course of action which provides the greatest good or the greatest number. As articulated by Jeremy Bentham and John Stuart Mill, this ethic holds that the two controlling emotions in life are pleasure and pain. Man prefers pleasure. Thus, for the isolated individual, an action producing pleasure is good; an action producing pain is bad. For a person in society, an action is good if the pleasure felt by all those affected is greater than the pain felt by those affected. (Hollinger 2002, pp. 32-33; Bentham, 1949; Mill, 1979)"
Abstract The paper first looks at the forms of deontological ethics, that include ethical formalism, religion, natural law and the ethics of virtue. The paper then turns to the teleological ethical systems, that include utilitarianism, the ethics of care and the ethics of egoism. The writer
considers himself first and foremost to be a utilitarian since he believes that the best criterion to judge our actions is by how they impact the world around us.
From the Paper "All ethical systems can be categorized as one of two types. The first type is the deontological, meaning that right and wrong are thought of as independent categories and that ethical decisions are made without regard to a specific outcome. In the other kind of ethical system, the teleological, there is an ultimate goal towards which the individual or the community is striving. The realization of that ultimate goal is what guides ethical decision-making. Pollock (2003) has identified seven separate ethical systems, each of which can be categorized as either a deontological or a teleological perspective."
Tags: ethical, formalism, religion, natural, law, virtue, utilitarianism, care, egoism
Abstract This paper presents a case study of an employee who was asked to resign after she hired an investigator to collect information and find out who was leaking important company information. The paper discusses whether it was correct to ask her to resign even though she had the company's best interest at heart. The case is examined according to a deontological and utilitarian framework.
Tableof Contents:
The Case Outline
Deontological Utilitarian Why is it a Legal Issue?
From the Paper "The law sides with the victim and hence no matter how Dunn tried to explain it, she couldn't possibly prove that it was all legal. This was an illegal activity which is punishable by law and hence she was asked to resign. We may argue that since the action itself was wrong but intention was good, Dunn could be excused. But that is not how law sees it. The law is concerned with the means and not exactly the intention in mind. Dunn should have been more mindful of the legalities involved with such actions. It is strange that a woman at her position was not aware of the laws."
Abstract This paper explains that act utilitarianism involves independent acts; whereas, rule utilitarianism involves the laws people observe while they act; act utilitarianism believes that people must do whichever action will cause the maximum good and the minimum ill; whereas, rule utilitarianism believes that people must observe laws, which will cause the maximum good and the minimum ill for everybody involved. The author points out that act utilitarianism states it would be ethically incorrect to fritter away hours on recreational pursuits like viewing television because it would be better spent on more societal welfare like philanthropic activities; however, banning recreational actions does not appear justifiable. The paper concludes that, hypothetically, the optimum purpose and law may be act utilitarianism; however, this might be idealistically insubstantial because any type of utilitarianism has to admit the inclination of the people to follow general laws.
From the Paper "As per act utilitarianism, it is the importance of the outcomes of the specific act that matters while resolving if the act is correct. Act utilitarianism asserts that acts are to be weighed as correct or erroneous only on the worth of integrity or immorality of their outcomes. While evaluating the integrity of the outcomes, the sole entity that counts is well being which causes somebody's living to progress smoothly for him or her. Well-being is the only entity that is excellent for its individual reason. Act utilitarianism also asserts that the appropriate act can be construed as such that generates the highest total of well being whilst evaluating without any prejudice intensifications and attenuation in the well being of every one impacted by the act."
A look at the British philosopher, Jeremy Bentham's famous work " Introduction to the Principles of Morals and Legislation" in which he details his theory of Utilitarianism.
Abstract This paper discusses Bentham's views on natural rights and how at first sight Utilitarianism seems to be antithetical to the idea of basic rights and whether it justifies the deprivation of an individual's basic rights to serve the interests of the greatest numbers. It also explains how the theory of utilitarianism would justify respect for certain rights, and discuss the difference between rule-utilitarianism and act-utilitarianism.
From the Paper "Jeremy Bentham believed in applying empirical methods, rationalism and deductive arguments to the development of moral and legal theories. At the outset of his Principles of Morals and Legislation he has identified the basis of the principle of Utility on which the Utilitarianism has been founded?pain and pleasure, and calls them the two "sovereign masters" of mankind. The principle of utility, on which most of Bentham's work is based, has been explained by him as: ?Any action that promotes happiness of an individual or lessens pain is right while any action that increases pain or decreases happiness is wrong.? He further explains that the happiness of the individual is the same as the happiness of the community since the community is nothing but the sum total of individuals. Another key element in Bentham's theory of Utility is the concept of the happiness for the greatest number?and his belief that the happiness for the greatest number of people is quantifiable. He has also expanded his theory to include the acts of not only the individuals but that of the government as well, and because of his interest in law, the scope of his work included the legislative and judicial reforms."
This paper summarizes John Stuart Mill's pro stance of the death penalty by arguing that utilitarianism is a consequentialist ethical theory which concerns itself with maximizing human happiness.
Abstract This paper details the British utilitarian's opinions and views on errors made in capital punishment trials and the conviction of the innocent being irrevocable and unjust. It explains how Mill strongly argues that the gravity of the death penalty and the judicial system make it very unlikely that such errors will arise often, if at all.
From the Paper "If one takes care to incorporate Mill's strict criteria for administering capital punishment, his arguments are wholly in keeping with his own humane utilitarianism. Given a criminal who has unequivocally committed aggravated murder as a result of the criminal's disposition and who has no chance of social redemption, it follows that the sum of human happiness would be diminished were the criminal ever re-released into society. When violent criminals are among the innocent, the innocent have a tendency to live fearfully knowing that they may be victims of violent crime. If, as seems natural, fear is counter to human happiness, then this scenario decreases rather than increases that happiness."
Abstract The question of the intersection of law and morality is one that has been the subject of debate among philosophers and jurists for centuries. In this essay the debate between Patrick Devlin and H. L. A .Hart with respect to the relationship between law and morality is explored with reference to R. v. Butler, a decision of the Supreme Court of Canada on the question of obscenity. The paper argues that in the Butler decision the Supreme Court adopted the utilitarian justification - as described by Hart - in its approval of the limitation of the freedom of expression of Donald Butler.
This essay discusses how, in "Utilitarianism", John Stuart Mill states that, "In the golden rule of Jesus of Nazareth, we read the complete spirit of the ethics of utility".
1,650 words (approx. 6.6 pages), 2 sources, 2002, $ 62.95
Abstract This paper relates Mill's statement: "To do as one would be done by, and to love one's neighbor as oneself, constitute the ideal perfection of utilitarian morality." In this way, Mill succeeds in characterizing the spirit of utilitarianism as a moral theory. The author thinks that this is because it becomes in people's self-interest to be good to others.
Abstract In this article, the merits and demerits of Utilitarianism are considered. The writer discusses Utilitarianism in light of James Rachels' essay, "The Elements of Moral Philosophy". Ultimately, the writer concludes by abondoning this theory for its inconsistency with liberty, justice and fairness.
From the Paper "'The Elements of Moral Philosophy' by James Rachels contains an exposition of Utilitarianism that considers the strengths and weaknesses of this unique moral philosophy. Like all ethical theories, Utilitarianism advances a conception of the Good that is expected to prevail. All action if it is to be considered moral or Right must conform to that ethical conception of the Good. In Utilitarianism the Good is happiness and action that produces the most happiness for the most people is Right action. Conversely, it is wrong to take any action ... "
Tags:utilitarianism, james rachels, moral philosophy, ethical theory, principle of utility
Abstract A comparison and contrast of the egoistic attitude with utilitarianism in this paper is revealing of the complexity of both approaches to ethical action, in that each is best considered a rubric or a category comprising a number of subsidiary positions. Thus for example ethical egoism has been cited as covering diverse approaches ranging from individual ethical egoism to universal ethical egoism. In this analysis, the paper shows that in order to present compare and contrast egoism and utilitarianism it is necessary to recognize both the complexity of each approach objections to each and the points at which the two approaches seem to overlap.
Abstract This paper responds to set questions on the defects of utilitarianism, as found in matters of constant sacrificial action, Utilitarian errors of justice, the greatest good rationale and all things to do with the ideal as opposed to the practicality of the philosophy. The paper notes a guiding social ethos, perhaps deduced to date in its promise of social improvability, in relation to rights.
From the Paper "A Critical Assessment of Utilitarianism Introduction John Stuart Mill's Utilitarianism is most familiar to contemporary students of Philosophy and Political Science in his credo to do with the greatest good, for the greatest number, or societies that should be organized so that they can bring the greatest happiness to the greatest number. Mill's thinking has influenced the shape of contemporary liberal democracies in areas led by policies that should bring benefit to the greater part of a society, and classical liberal ideas of ensuring personal freedoms that can ensure happiness and remove future sources of contention."
Abstract This paper interprets the philosophy of utilitarianism as presented by J.S. Mills with a focus on Bentham and the arguments presented against it.
Abstract This paper reviews John Stuart Mill's "Utilitarianism". The paper examines the social principle Mills wants to create. It also analyzes and critiques the main tenants of Mills' basic argument.
From the Paper "This research discusses utilitarianism, the philosophy of John Stuart Mill. It will present the main issues of Mill's argument and show what position he takes. It will also present his argument in support of his position. Then Mill's argument will be analyzed..."
Tags: John, Stuart, Mill, Utilitarianism, Virtue, Happiness, Good
Abstract In this article, the writer discusses that the laws of ancient Rome gave way to the beginning of the law as we know it today. Roman law evolved law and gave way to both unwritten "natural law" and most importantly written law. The writer notes that written law made each law known and so it gave way to the idea of equality for all. The writer points out that the Romans were one of the first governments to actually have written law which helped to govern the people because they could prosecute everyone since each person was required to know the law and go by it. Without written law, our society would be one in chaos. The writer concludes that Rome's history of law through the centuries gave way to law as we know it today and played a very important role in our history.
From the Paper "This law was based on customs and applied only to Roman citizens. Since there were more than just Roman citizens in Rome, a set of laws were put in place titled jus gentium or law of the nations. These laws were set in place to govern both Roman citizens and foreigners. This set of laws would govern even magistrates and was a better alternative to jus civil. Generally, Roman had treaties with foreign states that would protect foreigners who ventured into Rome. For those foreigners whose state did not have a treaty with Rome, jus gentium would protect them as well. These laws would consist of three elements. The first would apply to an existing mercantile law and would be used by traders. The second part of the law would govern the Roman citizens and foreigners collectively and the third part of the law said that the magistrate would use his definition of what was fair and just."
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
