The utilitarian idea that a just policy is one that increases the collective happiness of society sounds reasonable until we begin to explore its values. For example, is morality a question of calculating cost and benefits, or are there human rights above such calculations? Utilitarian philosopher Jeremy Bentham (1748-1832) made the utilitarian position clear when he scorned natural rights calling them “nonsense upon stilts.” Utilitarianism can not respect individual rights given its focus on the “greatest happiness.”
In our society, these philosophical concepts are best illustrated by policies that tax the rich disproportionally to purportedly help the poor. Let’s use taxation as an example. According to the Internal Revenue Service, our tax policies in 2014 showed that:
The share of income earned by the top 1 percent of taxpayers was 20.6 percent. But their share of federal income taxes paid was 39.5 percent. This 39.5 share of income taxes paid was greater than the share of taxes paid by the bottom 90 percent combined (29.1 percent). The top 50 percent of all taxpayers paid 97.3 percent of all individual income taxes while the bottom 50 percent paid the remaining 2.7 percent
To some, this disproportionate taxation is as it should be. To others, it violates our fundamental rights. Regardless of what may be the good intentions of government, persons, (in this example high-income individuals), should not be used as means to the welfare of others. On what grounds is our labor at the disposal of society as a whole? Human beings deserve government’s respect, regardless of who they are, or how much they earn. These tax policies treat high- income individuals as instruments to advance the collective happiness of others.
Our tax code reflects a conception of justice based on a certain understanding of the good life, and it is in conflict with freedom. Even desirable ends must not supersede individual rights. Social justice is not about maximizing happiness. Social justice is about respecting people as ends in themselves. Let’s be careful, if democratic consent validates the appropriation of property, does it also justify the taking of freedom?
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