Abstract

This essay investigates consequentialist reasoning in law. It begins with a brief exposition of the structure of consequentialist reasoning. It then turns to the role of consequentialist reasoning in two aspects of legal decision-making. Legal officials must reason both about ends and about the choice of means to achieve those ends. Legal instrumentalism, however, takes many forms, and different forms identify different officials to engage in the task of reasoning consequentially to choose means. The essay then considers the difficulties posed by the fact that legal decision-makers choose policies or institutions that structure the outcomes they hope to achieve. Finally, the essay considers the role that consequentialist reasoning may play in choosing ends.