UNIT 9

UTILITARIANISM

Utilitarianism is an ethical theory that determines right from wrong by focusing on outcomes. It is a form of consequentialism. The most famous proponents of utilitarianism are Jeremy Bentham and John Stuart Mill. This theory emphasizes the greatest happiness principle, which holds that actions are right if they tend to promote happiness and wrong if they tend to produce the opposite of happiness. Key principles of utilitarianism includes the following;

1. Consequentialism: this is where the morality of an action is determined by its outcomes. The ends justify the means.
2. Utility: this is where the measure of the good or bad consequences of an action is its utility, which is often understood as the overall happiness or pleasure produced.
3. Greatest happiness principle: this is where the best action is the one that maximizes overall happiness or pleasure for the greatest number of people.
4. Impartiality: this is where each individual's happiness counts equally when calculating the overall happiness.

TYPES OF UTILITARIANISM

1. Act utilitarianism: This form of utilitarianism focuses on the consequences of individual actions where an action is morally right if it produces the best possible results in that specific situation.
2. Rule utilitarianism: This form of utilitarianism focuses on the consequences of following general rules of conduct. An action is right if it conforms to a rule that, if generally followed, would create the most utility.

UTILITARIANISM IN NIGERIAN LAW

Utilitarianism has influenced various aspects of Nigerian law, particularly in the areas of public policy and legal reforms. Although Nigerian law does not explicitly reference utilitarianism, its principles can be seen in decisions aimed at promoting the welfare of the majority. See the case of State v. The Guardian Newspaper (1987) where the court had to balance the freedom of the press with the need to maintain public order and safety. The utilitarian approach influenced the judgment by prioritizing the greater good of societal peace over absolute press freedom, the case of Attorney General of Lagos State v. Attorney General of the Federation (2003) which dealt with the issue of resource control and revenue allocation between the federal and state governments and the Supreme Court's decision reflected a utilitarian approach by aiming to distribute resources in a manner that would benefit the majority of the populace and also the case of Governor of Lagos State v. Ojukwu (1986) which involved the eviction of tenants from a government property. The court's decision emphasized the need to balance individual rights with public interest, reflecting a utilitarian concern for the overall welfare of society. See also the Constitution of the Federal Republic of Nigeria (1999) where section 14(2)(b) states that the security and welfare of the people shall be the primary purpose of government, reflecting a utilitarian principle by prioritizing the overall well-being of the populace. See the Criminal Code Act where section 24 addresses the defense of necessity, which can be interpreted through a utilitarian lens. It allows for actions that would otherwise be illegal if they are done to prevent a greater harm and the Child Rights Act (2003) where section 1 ensures that in all actions concerning children, the best interests of the child shall be the primary consideration. This reflects utilitarian principles by focusing on the outcomes that maximize the well-being of children.

CRITICISMS OF UTILITARIANISM

1. Impracticality: this is where critics argue that it is often impractical to calculate all possible consequences of an action, making it difficult to apply utilitarianism in real-life scenarios.
2. Justice and rights: this is where utilitarianism can sometimes justify actions that violate individual rights if those actions result in greater overall happiness. This can lead to morally questionable decisions.
3. Predictability: this is where the theory assumes that outcomes can be predicted accurately, which is not always the case in complex situations.
4. Minority rights: this is where utilitarianism may overlook the rights and welfare of minorities if sacrificing their interests benefits the majority.

CONCLUSION

Utilitarianism remains a significant and influential ethical theory that has shaped various aspects of law and public policy, including in Nigeria. Its emphasis on the greatest happiness principle provides a framework for making decisions that aim to promote the overall welfare of society. However, it also faces several criticisms, particularly regarding justice and the protection of individual rights. Understanding the balance between utilitarian principles and other ethical considerations is crucial for applying this theory effectively in legal contexts.