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Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
[58] He argues that one of the main reasons for introducing rule utilitarianism was to do justice to the general rules that people need for moral education and character development and he proposes that "a difference between act-utilitarianism and rule-utilitarianism can be introduced by limiting the specificity of the rules, i.e., by ...
Mill argued that Kant's ethics could not explain why certain actions are wrong without appealing to utilitarianism. [84] As basis for morality, Mill believed that his principle of utility has a stronger intuitive grounding than Kant's reliance on reason, and can better explain why certain actions are right or wrong. [85]
Rule utilitarianism is a form of utilitarianism that says an action is right as it conforms to a rule that leads to the greatest good, or that "the rightness or wrongness of a particular action is a function of the correctness of the rule of which it is an instance". [1]
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that ...
Two-level utilitarianism is virtually a synthesis of the opposing doctrines of act utilitarianism and rule utilitarianism. Act utilitarianism states that in all cases the morally right action is the one which produces the most well-being, whereas rule utilitarianism states that the morally right action is the one that is in accordance with a ...
Lexical threshold" negative utilitarianism says that there is some disutility, for instance some extreme suffering, such that no positive utility can counterbalance it. [22] 'Consent-based' negative utilitarianism is a specification of lexical threshold negative utilitarianism, which specifies where the threshold should be located.
Utilitarianism is an 1861 essay written by English philosopher and economist John Stuart Mill, considered to be a classic exposition and defense of utilitarianism in ethics. It was originally published as a series of three separate articles in Fraser's Magazine in 1861 before it was collected and reprinted as a single work in 1863. [ 1 ]