A Utilitarian Argument: Laying the Foundation for a Coherent System of Law

Otago Law Review, Vol. 10, No. 2, 2002

18 Pages Posted: 22 Oct 2015

See all articles by Mirko Bagaric

Mirko Bagaric

Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School

Date Written: 2002

Abstract

"Morality is not to be discovered but to be made: we have to decide what moral values to adopt: what moral stands to take." In this paper I argue that, given certain assumptions about human nature, utilitarianism is the most persuasive moral theory. This has important implications for legal policy and principle. In relation to any legal issue, the path that should be followed is the one that will maximise happiness.

Suggested Citation

Bagaric, Mirko, A Utilitarian Argument: Laying the Foundation for a Coherent System of Law (2002). Otago Law Review, Vol. 10, No. 2, 2002, Available at SSRN: https://ssrn.com/abstract=2677530

Mirko Bagaric (Contact Author)

Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School ( email )

Hawthorn
Hawthorn
Burwood, Victoria 3000
Australia

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