Justice and Utility

David Hume

Selections from An Enquiry Concerning the Principles of Morals

Section III, Part 1: "Of Justice"

Outline

Thesis: Utility is the sole origin and moral foundation of justice.

Argument: 

1) Where there is no scarcity there is no need for property.

 a)  Air

 b) Water

2) If everyone where a complete altruist, no one would be concerned with ownership.

 a) Families

 b) Communes (until selfishness reasserts itself)

3) Extreme necessity/scarcity

 a) Shipwreck

 b) Famine

4) If everyone, but you, were totally unjust.

5) Punishment suspends property rights of criminal for public benefit.

6) No justice in war.

7) Justice exists between these extremes.

8) No justice with creatures unable to harm us.

 a) Humans vs. animals

 b) Europeans vs. Native Americans

 c) Men vs. Women

9) If humans were totally self-sufficient there would be no justice.

10) Humans are not totally self-sufficient and naturally discover the utility of justice.

Key Concepts

Utility - Useful to self or others.

Justice - Upholding rights of
   property, trade and contract. 

Supporting Arguments

"To have a right, then, is, I conceive, to have something which society ought to defend me in the possession of. If the objector goes on to ask why it ought, I can give him no other reason than general utility." J.S. Mill, Utilitarianism, Book V.

Internal Weakness

- Shows that utility is necessary for justice to arise, but not that it is the only origin and moral foundation of justice.

External Criticism

- Narrow definition of justice.

Learning Objectives

By the end of this lesson students will be able to:

1) Define justice and utility in Hume (I,A,1)

2) List the circumstances under which justice would not exist (I,A,2)

3) Explain when and why justice does exist (II,C)

4) Be able to identify current and historical places where justice may not exist (III)

5) Assess the strength of Hume's argument in relation to his own thesis. (VI,A)

Assessment Goal 3:

1 minute papers or exam essay questions:

- What is utility and how does justice have utility? Be sure to explain what justice does.

Assessment Goal 4

- Name someplace where justice may not exist according to Hume's argument. Using examples explain why Humean justice may not exist here. What would it take to create justice in this circumstanc?

Assessment Goals 1 and 2:

Written, or oral, quiz and exam questions:

- Please define utility.

- Please list at least ___ circumstances where justice ceases to exist. 

Assessment Goal 5

- What does it mean for utility to be the origin of justice? Is this an historic, logical, or some other theoretical use of "origin"?

- What is a "moral foundation"?

- Do Hume's examples show that utility is the origin and moral foundation of Justice? Be sure to use the definition of utility in Goals 1 & 3, and the answers for origin and moral foundation in Goal 5.

Further Research

   Baier, Annette. A Progress of Sentiments: Reflections on Hume’s Treatise. Cambridge Massachusetts: Harvard University Press, 1991.  

   Mackie, J. L. Hume's Moral Theory. London: Routledge, 1980.

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