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Mill's Utilitarianism: Chapter 5 Of Mill

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Chapter 5 of Utilitarianism contains Mill’s response to the objection that justice is not based on utility. In his introduction Mill claims that an incomplete understanding of the idea and sentiment of justice, not a mistaken interpretation of utility, leads people to believe justice is inconsistent with utility. Chapter 5 gives an analysis of justice, its ideas and its sentiment, with Mill concluding that when properly understood, justice is consistent with and subordinate to utility, rather than opposed to it. In this paper I will argue that amidst Mill’s response to the initial objection, his argument lacks clarity and an objective analysis as to exactly why justice is based on utility. Mill begins by attempting to clear up the misinterpretations …show more content…

Such laws are regarded as violating moral rights, not legal ones. Thirdly, it is considered just that each people obtain what he or she deserves. Good if she does right, evil if she does wrong. Fourthly, it is considered unjust to …show more content…

Mill recognises the problems with using a word's etymology to understand its concept, however he claims he is not committing the fallacy of attributing a words origin to its meaning, rather he is searching for the mother idea of the word. Mill writes that justice in Greco-Roman times did not apply to all laws, but to laws that ought to exist, and that despite laws which ought to exist, nobody desires for laws to interfere with all of their private life. Mill sees in these two concepts of justice, the idea that a breach of law exists. In both concepts the unjust should be punished, but not necessarily by the tribunals of the legal system. The central idea that a penal sanction is the generating idea of justice, but this does not distinguish it from moral obligation in general. To find the difference between justice and other moral obligations Mill looks toward perfect and imperfect moral obligations. Perfect obligations, where the correlative right resides in a person or persons, coincides with justice, as imperfect obligations, where the correlative right is not present in the person or persons, coincides with other moral obligations. Mill then describes the feeling which accompanies this correlative right. There are two ingredients: the desire to punish a person who has been unjust and the belief that a person or persons has been unjustly treated. According to Mill these two ingredients are

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