Right-Based Utilitarianism

Dissertation, University of Oxford (United Kingdom) (1988)
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Abstract

Available from UMI in association with The British Library. Requires signed TDF. ;In this thesis, I begin with some of the key assumptions of utilitarianism and argue that even in its own terms utilitarianism is in need of considerable revision. This is largely because its two central tenets come into conflict with each other in some cases. I argue that utilitarianism is in need of a fuller account of equality than it has traditionally employed, and that such an improved conception of equality will lead the would-be utilitarian to drop the claim that all well-being must count morally. In particular, I argue that the fundamental step of morality might best be understood in terms of a right to equal consideration. However, a proper understanding of what this right entails leads one to a theory very much like utilitarianism. ;In Chapter II I attempt to put my utilitarian target in its most favourable light by considering which account of well-being is the most plausible as a thing which one might want to maximize as the basis of morality. Then, in Chapter III, I proceed to consider the possibility of a right-based moral theory. I examine the relationship between interests and rights, and argue that even if it is a necessary condition for the existence of rights that there be interests which they must protect, it is possible to have a right-based moral theory. This is made possible by the nature of the relationship between prudential value and moral value. I also argue that rights are particularly well suited to describe the importance of choice and autonomy in morality. Furthermore, I suggest that moral standing itself might best be seen in terms of possession of a waivable right. ;In Chapters IV and V, I set out the main argument that not all well-being can be allowed to count morally. In particular, I argue that enjoyment-producing preferences whose content is that others not be counted equally must be counted by utilitarianism but undermine that theory if it does try to count them. In the course of this criticism, I develop the sketch of an alternative but related theory which I call "right-based utilitarianism". In Chapter VI, I expand the description of this theory, and in Chapter VII I consider some of its implications and possible extensions, compared with standard forms of utilitarianism. Such a "right-based utilitarianism" is able to show utilitarianism the way out of at least some of its dilemmas while preserving that which gives utilitarianism its appeal

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Eldon Soifer
University of Regina

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