Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
What is the relationship between law and morality
Relationship of law and morality
John rawls' social contract theory pros and cons
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: What is the relationship between law and morality
In this paper, I will argue that the most plausible moral theory is the Rawlsian Social Contract Theory (RSCT) when compared to U5. I will prove why this theory is superior to Jeremy Bentham’s hedonistic act utilitarianism (U5) by first raising an objection against U5 and exploring why the Utilitarian response to that objection is insufficient.
Social contract theory is very similar to laws in our society, it is a set of basic rules which people of a certain society must abide by, and these rules are set out to serve a purpose, similar to the law people would be better off if some actions were constrained, actions such as murder and theft. Social contract theorists argue that people should surrender some of their freedoms and submit to the authority of the ruler in exchange for protection of their remaining rights. There are several theorists of social contract, those include the likes of Thomas Hobbes, John Locke, Immanuel Kant, and John Rawls to name a few. There are different versions of social contract theory such as Naïve Social Contract Theory (NSCT) and Hypothetical Social Contract Theory (HSCT). The latter of these theories were the early stages of RSCT, what Rawls did was he expanded on the HSCT and ironed out the kinks so that there are almost no problems or objections to the theory, and I find it very attractive. All social contract theories presuppose the following:
1. The concept of society is clear.
2. Each act is performed in exactly one society. Given assumption 2, for any act A, we shall say that A’s society is the in which A is performed.
3. A moral code is a set of moral rules.
4. Terminology: to say that an act is permitted by moral code is to say that the act is right according to the rules of that code.
Wi...
... middle of paper ...
...ations. In a utilitarian society people would have their right abused far too often. I believe in such a society people would not even feel safe. There must be fair, and unbiased rules in a society to protect the people of that society from being used to other people’s advantage.
Therefore the most plausible moral theory is the Rawlsian Social Contract Theory (RSCT) when compared to U5. U5 would make it very difficult to feel safe living under such a moral theory. People need to feel safe living in a society, people need to know that their rights are taken into consideration when people decide to commit certain actions. In the case of the inhospitable hospital people would not feel safe going to a hospital where they could potentially be taken apart for other people’s advantage. Everyone in a society should have equal rights otherwise the society would not function.
In the aforementioned passage from her document “John Rawls on Justice” Ada Maria Isasi-Diaz’s sheds light on the major flaw in John’s Rawls’s “social contract theory” for establishing “Justice” in our society. She asserts
Utilitarianism is a moral theory that states that an action is considered right as long as it promotes the greatest happiness for the greatest number of people. This theory was first proposed by Jeremy Bentham and later was refined by J.S Mill. Mill differs from Bentham by introducing a qualitative view on pleasure and makes a distinction between act utilitarianism and rule utilitarianism. John Hospers critiques utilitarianism and shows that rule utilitarianism under more specific and stricter rules would promote utility better. Bernard Williams believes that utilitarianism is too demanding from people and instead believes virtue ethics is a better solution. Williams seems to have only considered act utilitarianism instead of rule utilitarianism, which may have better responses to the problems proposed by Williams. Sterling Hardwood purposes eleven objections to utilitarianism which can be used to help make compromise between act utilitarianism and rule utilitarianism. I will argue that rule utilitarianism can be formed in such a way that it avoids the problems that arise from Williams, and Hardwood.
John Rawls was one the philosopher in the social contract who added the principle dealing with the unfair distribution of wealth and power, in his philosophy Rawls believed that everyone should claim a number of basic rights, and everyone must be provided with the same equal opportunity. Thomas Hobbes was another philosopher on the social contract who believed in the theory of human motivation; his belief was founded on the hypothetical state of nature and human behavior, Human macro-behavior can be aptly described as the effect of certain kinds of micro-behavior, even though some of this latter behavior is invisible to
John Rawls most famous work, A Theory of Justice deals with a complex system of rules and principles. It introduces principles of justice to the world, principles which Rawls argues, are meant to create and strengthen equality while remove the inequality which exists within society. These principles are both meant as standalone laws and regulations but they can be joined as well. The main function of the first principle is to ensure the liberty of every individual while the second principle is meant to be the force for the removal of inequality through what Rawls calls distributive justice.
Out of this experiment Rawls provides us with two basic principles of rules of: 1) every person should have equal opportunity to access a justice system of equal basic liberties compatible with a similar system of liberty for all and; 2) Social and economic inequalities are to be arranged so that they are both; a) to the greatest benefit of the least advantaged offices and b) positions opportunities should be made available to all under fair and equality conditions (242).... ... middle of paper ... ... I would opt against some other economic society, not knowing whether or not it would satisfy the conditions of providing the best opportunity for the least in my society.
The main principle of utilitarianism is the greatest happiness principle. It states that, "actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure, and the absence of pain; by unhappiness, pain, and the privation of pleasure" (Mill, 1863, Ch. 2, p330). In other words, it results with the greatest amount of happiness for the greatest amount of people that are involved.
Nineteenth century British philosophers, Jeremy Bentham and John Stuart Mill sum up their theory of Utilitarianism, or the “principle of utility,” which is defined as, “actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness” (Munson, 2012, p. 863). This theory’s main focus is to observe the consequences of an action(s), rather than the action itself. The utility, or usef...
Mill, J. S., Bentham, J., & Ryan, A. (1987). Utilitarianism and other essays. Harmondsworth, Middlesex, England: Penguin Books.
contract theory in general and including the views of Rawls, is such that in a
Utilitarianism is a reality, not just a theory like many other philosophies; it is practiced every day, for instance the vote system. This ongoing practice of utilitarianism in society has show that it is flawed. Just because the masses vote for something, doesn’t make it right. The masses can be fooled, as in Nazi Germany for example, thousands of people were behind Hitler even though his actions were undeniably evil. Utilitarianism is a logical system, but it requires some sort of basic, firm rules to prevent such gross injustices, violations of human rights, and just obviously wrong thing ever being allowed. This could be the ‘harm principle’ which Mill devised.
Act-utilitarianism is a theory suggesting that actions are right if their utility or product is at least as great as anything else that could be done in the situation or circumstance. Despite Mill's conviction that act-utilitarianism is an acceptable and satisfying moral theory there are recognized problems. The main objection to act-utilitarianism is that it seems to be too permissive, capable of justifying any crime, and even making it morally obligatory to do so. This theory gives rise to the i...
In its political philosophy utilitarianism provides an alternative to theories of natural law and the social contract by basing the authority of government and the sanctity of individual rights upon their utility, or measure of happiness gained. As an egalitarian doctrine, where everyone’s happiness counts equally, the rational, relatively straightforward nature of utilitarianism offers an attractive model for democratic government. It offers practical methods for deciding the morally right course of action - “...an action is right as it tends to promote happiness, wrong as it tends to diminish it, for the party whose interests are in question” (Bentham, 1780). To discover what we should do in a given situation, we identify the various courses of action that we could take, then determine any foreseeable benefits and harms to all affected by the ramifications of our decision. In fact, some of the early pioneers of utilitarianism, such as Bentham and Mill, campaigned for equality in terms of women's suffrage, decriminalization of homosexuality, and abolition of slavery (Boralevi, 1984). Utilitarianism seems to support democracy as one could interpret governments working to promote the public interest and welfare of citizens as striving for liberty for the greatest amount of people. While utilitarianism at its heart is a theory that calls for progressive social change through peaceful political processes, there are some difficulties in relying on it as the sole method for moral decision-making. In this essay I will assess the effectiveness of utilitarianism as a philosophy of government by examining the arguments against it.
Utilitarianism is one of the most commonly used ethical theories from the time it was formulated by Jeremy Bentham and John Stewart Mill in the nineteenth century. In his work, Utilitarianism, Bentham “sought to dispel misconceptions that morality has nothing to do with usefulness or utility or that morality is opposed to pleasure” (MacKinnon, 2012, p. 53). To simplify the utilitarian principle, which is one of utility, one can surmise that morality is equated with the greatest amount of utility or good for the greatest number of people (MacKinnon, 2012). Also, with its orientation to the “end or goal of actions” (MacKinnon, 2012, p. 54), Utilitarianism thus, espouses the consequentialist principle, e.g., the evaluation of any human
The ethical theory of utilitarianism is associated with the philosopher Jeremy Bentham. Utilitarianism essentially is the theory that good is what causes a person pleasure and evil is what causes a person pain. Bentham’s utilitarianism is sometimes titled Act Utilitarianism because it focuses on individual actions A “right” action, according to Betham, is one that produces the greatest happiness for the greatest number of people. Where a “wrong” action is one that would cause more pain than pleasure. Before a person commits an action, they should look at the consequences that it can have on the individual and others. Hedonic Calculus is a method in determining how much pleasure or pain an action will elicit. Hedonic Calculus consists of seven criteria including intensity, duration, certainty, propinquity, fecundity, purity and extent. Each criteria can be given a score between -10 (worst pain) to +10 (highest pleasure). The action becomes ethical and moral if there is an overall net happiness for everyone that is affected. An acti...
Utilitarianism is defined to be “the view that right actions are those that result in the most beneficial balance of good over bad consequences for everyone involved” (Vaughn 64). In other words, for a utilitarian,