Mill's Formulation
In his 1861 book Utilitarianism, John Stuart Mill defends the concept of rights in terms of utility: "To have a right, then, is, I conceive, to have something which society ought to defend me in the possession of. If the objector goes on to ask, why it ought? I can give him no other reason than general utility." Whether Mill was a rule utilitarian is a matter of controversy; he also argues that it is sometimes right to violate general ethical rules:
… justice is a name for certain moral requirements, which, regarded collectively, stand higher in the scale of social utility, and are therefore of more paramount obligation, than any others; though particular cases may occur in which some other social duty is so important, as to overrule any one of the general maxims of justice. Thus, to save a life, it may not only be allowable, but a duty, to steal, or take by force, the necessary food or medicine, or to kidnap, and compel to officiate, the only qualified medical practitioner.
Other things being equal people are happier if their society follows rules so people know what types of behaviour they can expect from others in given situations. Therefore utilitarians can justify a system that goes, "Keep to the rules unless there is a strong reason for breaking them."
Read more about this topic: Rule Utilitarianism
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