liberal Critique of Natural Rights- Utilitarianism(1) - Tagged

LIBERAL CRITIQUE OF NATURAL RIGHTS: UTILITARIANISM

  • Author: Zehra F. Kabasakal Arat

  • Email: zehra.arat@uconn.edu

CRITICISMS OF NATURAL RIGHTS (HUMAN RIGHTS?)

  • The Natural Law and Rights approach significantly influenced two major human rights documents:

    • The Bill of Rights (1689, English, following the Glorious Revolution)

    • The Declaration of the Rights of Man and of the Citizen (1789, French, following the French Revolution)

  • Critiques emerged from various ideological perspectives:

    • Conservative Perspective: Edmund Burke criticized this approach.

    • Liberal Perspective: Jeremy Bentham and John Stuart Mill provided significant critiques.

    • Socialist Perspective: Karl Marx also criticized the notion of natural rights.

UTILITARIANISM

  • Utilitarianism is an ethical theory assessing actions based on their outcomes.

  • Developed by Jeremy Bentham and later refined by John Stuart Mill.

  • Main principle: Promote happiness.

  • The most desirable actions, policies, or laws produce the greatest happiness for the greatest number of people.

JEREMY BENTHAM (1748-1832)

  • A prominent liberal thinker, Bentham emphasized a psychological understanding of humans governed by:

    • Pleasure and Pain: Human behavior aims at maximizing pleasure and minimizing pain.

    • This view supported the classical liberal perspective that depicted individuals, particularly the poor, as responsible for their circumstances due to perceived laziness.

BENTHAM’S OBJECTION TO THE FRENCH DECLARATION

  • Bentham challenges the French Declaration:

    • He does not oppose freedoms or rights but critiques their basis in natural law.

    • He considers natural rights a fantasy, disconnected from real-world application and potentially dangerous.

BENTHAM’S APPROACH

  • Law as a Social Construct: Laws are created and enforced by humans rather than derived from natural order.

  • Judgment of Actions: Actions are evaluated based on their utility - the outcomes they produce.

    • No action is inherently good or bad; values depend on results.

    • The aim is to produce social utility: the greatest happiness for the greatest number.

    • Laws must adapt to changing circumstances as what is deemed good can change over time.

JOHN STUART MILL (1806-1873)

  • Educated by his father and influenced by Bentham, Mill had notable differences:

    • Qualitative Differences: Mill argues against Bentham's quantification of pleasure, positing that some pleasures (e.g., intellectual) are superior to others (e.g., sensual).

    • Internal Sanctions: Mill emphasizes internal emotions like guilt and remorse, as opposed to Bentham’s reliance on external enforcement.

ON LIBERTY (1859)

  • Mill stresses the importance of individual liberty:

    • Individuals should not be coerced against their will unless actions harm others.

    • Sovereignty over one's mind and body is paramount.

IN MILL’S OWN WORDS

  • Individual independence is absolute concerning oneself, with limitations for children and those in need of protection or care.

  • Recognizes the contextual limitations for discussing liberty in relation to society's maturity.

POINTS FOR CONSIDERATION

  • Identify fundamental freedoms outlined by Mill (grouped into three but actually five).

  • Explore Mil's opposition to conformism and “tyranny of the majority.”

  • Analyze the implications of mediocracy in society.

  • Investigate Mill’s stance on minority rights.

MILL ON WOMEN

  • An early advocate for women's rights, arguing for the right to vote through education not property ownership.

  • Asserted that education can develop rational capabilities in women, challenging classical liberal views of rationality as a male attribute.

  • Co-authored The Subjection of Women with his wife, acknowledging her contributions posthumously.

MORE ON EDUCATION AND VOTING

  • Supported weighted voting for educated individuals and compulsory voting as educational opportunities for citizens.

  • Evaluated potential contradictions between compulsory voting and personal liberty and how he reconciled them.

SOME CURIOUS QUESTIONS RELATED TO UTILITARIANISM

  1. Does the pursuit of greatest happiness imply creating an egalitarian society?

  2. Can public decisions or laws have the same utility for everyone?

  3. How is societal value perceived under utilitarian ethics? Is every life considered equal?

  4. What would utilitarianism suggest about complex moral issues like slavery and torture?