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According to the utilitarian, justice is the maximization of the total or average welfare across all relevant individuals. Utilitarianism fights crime in three ways: [153] Deterrence. The credible threat of punishment might lead people to make different choices; well-designed threats might lead people to make choices that maximize welfare.
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.
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]
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]
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 ...
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 ...
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 ]
Luck egalitarianism is a view about egalitarianism [1]: 10 espoused by a variety of egalitarian and other political philosophers.According to this view, justice demands that variations in how well-off people are should be wholly determined by the responsible choices people make and not by differences in their unchosen circumstances.