Utilitarian would critique Kantianism: Accommodating individual rights can limit the greater overall happiness or benefit of the whole society, and therefore should be limited. NO CASE ACCORDING TO UTILITARIANISM What is law? The law is the function of the principle of utility or cost/benefit analysis to provide the greatest amount of good/happiness to the community or general welfare. What makes law legitimate? - Why do we follow It/ Where is the authority from? Law is seen as legitimate from the cost/benefit analysis – as it is a medium to “weigh” or “balance” to advance the general welfare or social good. What theories does your theory critique and why? Critiques Kantianism. Equality over liberty – individual rights should be curbed for the greater welfare
Utilitarian would critique Kantianism: Accommodating individual rights can limit the greater overall happiness or benefit of the whole society, and therefore should be limited. NO CASE ACCORDING TO UTILITARIANISM What is law? The law is the function of the principle of utility or cost/benefit analysis to provide the greatest amount of good/happiness to the community or general welfare. What makes law legitimate? - Why do we follow It/ Where is the authority from? Law is seen as legitimate from the cost/benefit analysis – as it is a medium to “weigh” or “balance” to advance the general welfare or social good. What theories does your theory critique and why? Critiques Kantianism. Equality over liberty – individual rights should be curbed for the greater welfare