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Punishment and Discretion in Mill's Utilitarianism

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  • TURNER, PIERS NORRIS

Abstract

I argue that a notorious passage from Utilitarianism concerning the relationship between morality and blameworthiness need not be an obstacle to a consistent act-utilitarian interpretation of Mill's moral theory. First, the Art of Life provides a framework for reconciling Mill's evaluation of conduct in terms of both expediency and blameworthiness. Like contemporary sophisticated act-utilitarians, Mill treats expediency as the more fundamental category of evaluation. Second, textual evidence suggests that, on Mill's view, evaluations of blameworthiness are not strictly bound by rules, despite rule-ish considerations about punishment and discretion. Third, Mill's own jurisdictional account in terms of competent decision-making remains consistent with the act-utilitarian interpretation.

Suggested Citation

  • Turner, Piers Norris, 2015. "Punishment and Discretion in Mill's Utilitarianism," Utilitas, Cambridge University Press, vol. 27(2), pages 165-178, June.
  • Handle: RePEc:cup:utilit:v:27:y:2015:i:02:p:165-178_00
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