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Natural Law Theory Vs Utilitarianism

Decent Essays

In this paper, I will argue that a combination of Natural Law Theory and Utilitarianism best captures what should be required in terms of respecting natural rights.
One of the benefits of Utilitarianism is that it looks at what we ought to do, not must do, while keeping in mind the consequences of our actions. On the negative side, all consequences, short term and long term, must be considered, often making it very difficult to make the ultimately correct decision, since seeing the future is not a human attribute. Who is to determine what is best? The easy answer is the majority, but this could result in the tyranny of the majority. One of Natural Law Theory’s benefits is that it uses reason to determine social and personal human nature to …show more content…

I chose to look at the historical applications of these philosophies and of some of the works of some of the main philosophers of both of the philosophies. One name jumped out at me for each philosophy, because I have read some of their works and their positive historical …show more content…

Since Utilitarianism is mainly about what ought to be done, when what ought to be done is decided by the majority, and goes against what the minority believes to be right, the tyranny of the majority is pushed onto the minority. As an example, prior to the 1980's it was common to smoke in public, at work, and in restaurants. American society's norms changed, and smoking was no longer approved of by the majority. The result was that millions of smokers, unable or unwilling to quit, were forced to give up their freedom of smoking. While argument that smoking is unhealthy is valid, smoking was acceptable for over 200 years in America. This also happened with alcohol, with the 18th Amendment banning it in 1920, and Marijuana being outlawed in 1937.
While on the surface the argument that Natural Rights Theory could lead to anarchy sounds plausible, and Bentham and Burke may have had cause to state so, eventually the turmoil that may at first seem to be anarchy, eventually does settle down as social contracts are developed, and governments created. The American Revolution may have seemed like anarchy at the time, but it did develop into a constitutional republic that is now 240 years old. While France also went through some anarchical times in the 1790's, and did revert to a monarchy for a time, France is still around

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