Abstract

One point fairly frequently argued by moral philosophers is the capacity of the various forms of Utilitarianism to handle the concept of a right. I want to show that any plausible moral theory must employ a concept of a right that does not allow of Utilitarian analysis. One requirement of any plausible moral code is that it allow us to live together peacefully; in that sense, at least, morality has its home in communities. Somebody might form their own purely personal 'ethical' code according to which she would devote her life to private pleasure or the production of great art or whatever, but that sort of ethical code is of no concern to me here: what concerns me is the sort of ethical code put up as a candidate for regulating the life of a community. One necessary condition of our living together peacefully in communities is that we recognise the concept of a right (whether or not we have one word for that concept) which does not allow of Utilitarian treatment. We need that concept of a right, or something that is definitive in disputes, because of our need for a conventional decision-procedure.