utilitarianism

Question 0

We can conclude from Beccaria’s Essays on Crime and Punishment that…

Answer 0

The ultimate goal of his work was to maximise happiness and minimise punishment

Question 1

When was utilitarian first bought about?

Answer 1

By Beccaria in 1764 and followed the essential principles of the greatest good for the greatest number

Question 2

Why did it cause controversy during it’s time of publication?

Answer 2

During 18ThC Europe the criminal justice system was oppressive and barbaric, punishments were arbitrary and abusive and there was far too much leniency on surrounding conviction for crimes (Manheim, 1960)

Question 3

His ideas were, however, supported by…

Answer 3

The Age of Enlightenment, which reflected his principles of rational punishment, and the idea that the penalty of the crime must outweigh the benefits of committing a crime.

Question 4

Bentham is well known I utilitarian theory and created…

Answer 4

The hedonic calculus, a way to measure pain vs pleasure in any given situation.

Question 5

How does his ideas relate to criminology?

Answer 5

He believed that if the pleasure of a criminal act outweighed the consequences then the crime would be committed.

Question 6

John Stuart Mill expanded Benthams ideas of utility to consider…

Answer 6

the quality of pleasure rather than just the quantity (Mill, 1998)

Question 7

Criticism of the hedonic calculus?

Answer 7

Carritt (1950) stated that whilst duration, intensity and other attributes of pleasure may be measured, individual differences play a large role in how these would be weighted. In a criminal aspect it would be difficult to predict or deter a crime as a each individual would weigh the pro’s and con’s differently and come to different conclusions.

Question 8

Another criticism of the hedonic calculus is?

Answer 8

If you have to take time to calculate the best course of action in a given situation, it is likely that in most cases the best course of action will have passed (Hardin, 2012)

Question 9

How did Mill respond to that criticism?

Answer 9

He believed that there would often be an ample amount of time to consider the likely effects of an action and make the choice that leads to the greatest pleasure. (Mill, 1998)

Question 10

Another criticism comes from Moore (1912)

Answer 10

He rejected Beccaria and Benthams original hedonistic utilitarianism, as pleasure isn’t the only “good” in the world such as beauty, integrity and freedom, and all of these contribute towards what is good. This is often considered the argument of ideal utilitarianism.

Question 11

What did Cote (2002) say about B&B

Answer 11

Although their theories of utilitarianism shaped the basis of the criminal justice system in Europe, their ideas never actually effected the increasing crime rates.

Question 12

Modern utilitarianism: Rule

Answer 12

Believes one should follow certain rules to follow the principles of utility and if the general rule doesn’t facilitate utility and sub-rule or exception can be made. Eg. Never kill another human being, the exception being in times of self defence.

Question 13

Criticism of Rule Utilitarianism.

Answer 13

Rule Worship Objection
- when following this form of utilitarianism people often irrationally support rule based decisions, even though more good may be done by violating the rule. (Smart, 1973) criminals may often use rules to justify their actions.

Question 14

Criticism of Rule Utilitarianism: pt2

Answer 14

Collapse into Act
- this is the criticism that rule utilitarianism often collapse into act when it comes to sub-rules and exceptions (Lyons, 1965) this creates a difficulty for rule utilitarians to make utility-based rules that are flexible but not so flexible that it collapses into act utilitarianism and also isn’t too complex to follow

Question 15

Modern utilitarianism: Act

Answer 15

This takes each individual case one by one and calculates if it will create the greatest happiness for the greatest number. This may be likened to court cases where the jury hears the case and decides upon the best course of action.

Question 16

Criticism for Act utilitarianism…

Answer 16

• the “wrong answers” objection
  Following act utilitarianism to maximise happiness will often lead to the morally wrong action, such as a judge convicting and subjecting an innocent person to a sever punishment to prevent riots that will cause many deaths.

Question 17

Criticism of act utilitarianism: pt2

Answer 17

Undermining trust:
- you could not trust anyone to keep their word as everyone would have to act accordingly to maximising pleasure for all rather than keeping their word or obeying the law. In this case criminals would often be able to rationalise their behaviour as following act utilitarianism over a law, and judges would not need to sentence according to law but could follow the course of action that would maximise pleasure for the most people, such as the scenario in criticism one.

Question 18

Modern utilitarianism: two-level

Answer 18

Level one = using rule utilitarianism because it’s more efficient (as it is intuitive)
Level two = using act utilitarianism when a situation requires more thought and critical reflection. Proposed by Hare (1972)

Question 19

Criticism of two-level utilitarianism…

Answer 19

It is considered impossible to compartmentalise ones thinking into two levels and separate intuitive thinking from critical thinking (Mcnaughton, 1988)
However Hare responded that he thinks in this way so it cannot be impossible.

Question 20

Criticism of two-way utilitarianism: pt2

Answer 20

As a two-level utilitarian knows that their set of moral rules is only a guideline, there will be less guilt when diverging from those rules opposed to someone who on principle believes an action to be right or wrong. This raises questions about whether two-level would facilitate crimes as criminals would consider their set of moral rules as simply a guideline.

Question 21

Modern utilitarianism: Motive

Answer 21

Motive utilitarianism is important when considering criminology as it considers the motive behind ones actions, this may considered crucial for handing out punishment and considering the weight of pain and pleasure