1. Mill on conscience and justice
Michael Lacewing

2. Utilitarianism and duty
Utilitarianism requires us to maximize happiness, so it is often accused of neglecting moral duties and rights.
How can utilitarianism account for the sense of duty (conscience)?
How can utilitarianism account for justice?

3. Conscience Moral motivation is often accompanied by a feeling of duty
The sense of duty is an ‘internal sanction’, the pain we feel when we do not do what we believe we ought to do
This is the ‘essence of conscience’
(External sanction: punishment)

4. Conscience and utilitarianism
Our conscience does not motivate us to maximize happiness
But this is because conscience is shaped and ‘encrusted’ by cultural expectations
We could form people’s conscience to motivate them to pursue the greatest happiness
We are already unable to disregard other people’s happiness

5. What is justice?
Mill: at the heart of justice is the moral rights of the individual
Violations of justice:
violating someone’s legal rights;
violating someone’s moral rights;
not giving someone what they deserve;
breaking a contract or promise;
failing to be impartial when this is required;
treating people unequally.

6. Perfect and imperfect duties
Duties of justice are ‘perfect’: we must always fulfil them, and have no choice over when or how – individuals have the right that we fulfil them
Imperfect duties are ones not owed to specific individuals, and so we have some choice in how we fulfil the obligation, e.g. to help others

7. Why rights?
Right: the individual has a valid claim on society to protect his/her interests
These interests, to be protected by rights, are central to human happiness
Primarily concerned with protection from harm and freedom
Hence rights, and so justice, are derived from utility in the long run

8. Objection
Rights are derived from the greatest happiness. But suppose, on this occasion, violating my rights will create more happiness than not – why respect the right?
Reply: don’t apply utilitarianism to the conflict between rights and happiness in individual cases. Rights protect our permanent interests.

9. Rule utilitarianism?
Mill seems to recommend that we create rights, which are a kind of rule, and enforce them even when they conflict with happiness in certain situations
This is rule utilitarianism, because the right action doesn’t maximize happiness, but accords with the rule that maximizes happiness