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2 - Rights, goals, and fairness

Published online by Cambridge University Press:  15 December 2009

T. M. Scanlon
Affiliation:
Harvard University, Massachusetts
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Summary

Critics of utilitarianism frequently call attention to the abhorrent policies that unrestricted aggregative reasoning might justify under certain possible, or even actual, circumstances. They invite the conclusion that to do justice to the firm intuition that such horrors are clearly unjustifiable one must adopt a deontological moral framework that places limits on what appeals to maximum aggregate well-being can justify. As one who has often argued in this way, however, I am compelled to recognize that this position has its own weaknesses. In attacking utilitarianism one is inclined to appeal to individual rights, which mere considerations of social utility cannot justify us in overriding. But rights themselves need to be justified somehow, and how other than by appeal to the human interests their recognition promotes and protects? This seems to be the uncontrovertible insight of the classical utilitarians. Further, unless rights are to be taken as defined by rather implausible rigid formulae, it seems that we must invoke what looks very much like the consideration of consequences in order to determine what they rule out and what they allow. Thus, for example, in order to determine whether a given policy violates the right of freedom of expression it is not enough to know merely that it restricts speech. We may need to consider also its effects: how it would affect access to the means of expression and what the consequences would be of granting to government the kind of regulatory powers it confers.

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The Difficulty of Tolerance
Essays in Political Philosophy
, pp. 26 - 41
Publisher: Cambridge University Press
Print publication year: 2003

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  • Rights, goals, and fairness
  • T. M. Scanlon, Harvard University, Massachusetts
  • Book: The Difficulty of Tolerance
  • Online publication: 15 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511615153.003
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  • Rights, goals, and fairness
  • T. M. Scanlon, Harvard University, Massachusetts
  • Book: The Difficulty of Tolerance
  • Online publication: 15 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511615153.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Rights, goals, and fairness
  • T. M. Scanlon, Harvard University, Massachusetts
  • Book: The Difficulty of Tolerance
  • Online publication: 15 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511615153.003
Available formats
×