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Two Concepts of Utilitarianism

Abstract

John Rawls' theory of "justice as fairness" aimed at presenting a superior alternative to utilitarianism. To do so, he argued that, from behind the veil of ignorance, the representatives in the original position would choose the principles of justice as fairness and would reject utilitarianism. Rawls' criticism was targeted to the classical version of utilitarianism, which places utility at the level of the individual and as some measure of happiness or wellbeing. In this paper, I attempt to introduce David Hume's concept of justice as a utilitarian theory that, first, is fundamentally different to the classical version, and two, escapes the criticism of Rawls, at least in terms of the latter's rejection of utilitarianism. I will do this by first showing that Hume's concept of utility, as opposed to Bentham's, is a means and not an end, and a means to the public interest. Then, I will argue that the public interest is for Hume an emergent property of the social order that results from the interactions of human beings, just like some properties of complex biological and physical systems arise from the interactions of its members. Next, I will show that Hume's theory is utilitarian because it rests on an argument including a contingent claim based on the consequences of human decisions: a social order can exist only if individuals cooperate under the strict observance of the three fundamental laws of justice. Finally, I will show that Rawls' criticism does not apply to Hume's theory.