Justice_ What's the Right Thing to Do_ - Michael Sandel [17]
Bentham also applied utilitarian logic to rooming assignments within the facility, to minimize the discomfort inmates suffered from their neighbors: “Next to every class, from which any inconvenience is to be apprehended, station a class unsusceptible of that inconvenience.” So, for example, “next to raving lunatics, or persons of profligate conversation, place the deaf and dumb… Next to prostitutes and loose women, place the aged women.” As for “the shockingly deformed,” Bentham proposed housing them alongside inmates who were blind.7
Harsh though his proposal may seem, Bentham’s aim was not punitive. It was meant simply to promote the general welfare by solving a problem that diminished social utility. His scheme for pauper management was never adopted. But the utilitarian spirit that informed it is alive and well today. Before considering some present-day instances of utilitarian thinking, it is worth asking whether Bentham’s philosophy is objectionable, and if so, on what grounds.
Objection 1: Individual Rights
The most glaring weakness of utilitarianism, many argue, is that it fails to respect individual rights. By caring only about the sum of satisfactions, it can run roughshod over individual people. For the utilitarian, individuals matter, but only in the sense that each person’s preferences should be counted along with everyone else’s. But this means that the utilitarian logic, if consistently applied, could sanction ways of treating persons that violate what we think of as fundamental norms of decency and respect, as the following cases illustrate:
Throwing Christians to lions
In ancient Rome, they threw Christians to the lions in the Coliseum for the amusement of the crowd. Imagine how the utilitarian calculus would go: Yes, the Christian suffers excruciating pain as the lion mauls and devours him. But think of the collective ecstasy of the cheering spectators packing the Coliseum. If enough Romans derive enough pleasure from the violent spectacle, are there any grounds on which a utilitarian can condemn it?
The utilitarian may worry that such games will coarsen habits and breed more violence in the streets of Rome; or lead to fear and trembling among prospective victims that they, too, might one day be tossed to the lions. If these effects are bad enough, they could conceivably outweigh the pleasure the games provide, and give the utilitarian a reason to ban them. But if these calculations are the only reasons to desist from subjecting Christians to violent death for the sake of entertainment, isn’t something of moral importance missing?
Is torture ever justified?
A similar question arises in contemporary debates about whether torture is ever justified in the interrogation of suspected terrorists. Consider the ticking time bomb scenario: Imagine that you are the head of the local CIA branch. You capture a terrorist suspect who you believe has information about a nuclear device set to go off in Manhattan later the same day. In fact, you have reason to suspect that he planted the bomb himself. As the clock ticks down, he refuses to admit to being a terrorist or to divulge the bomb’s location. Would it be right to torture him until he tells you where the bomb is and how to disarm it?
The argument for doing so begins with a utilitarian calculation. Torture inflicts pain on the suspect, greatly reducing his happiness or utility. But thousands of innocent lives will be lost if the bomb explodes. So you might argue, on utilitarian grounds, that it’s morally justified to inflict intense pain on one person if doing so will prevent death and suffering on a massive scale. Former Vice President Richard Cheney’s argument that the use of harsh interrogation techniques against suspected Al-Qaeda terrorists helped avert another terrorist attack on the United States rests on this utilitarian