Brian Leiter’s Why Tolerate Religion? valuably clarifies the issues involved in granting religion-specific accommodations to laws and policies of general application. His arguments are careful, rigorous, and fair, and in rejecting the deontological arguments for religion-specific accommodations he seems to me largely correct. But when he turns to arguing against the utilitarian case for such accommodations, he employs a seemingly non-standard sense of utilitarianism in which demands of principled consistency constrain what would otherwise be utilitarian welfare-maximization. A more traditional and (...) stronger version of utilitarianism, however, has room for seemingly unprincipled or even irrational distinctions as long as employing those distinctions is utility- or welfare-maximizing. And thus although Leiter’s arguments against the deontological justifications for religion-specific accommodations are largely successful, his arguments against utilitarian justifications, by relying more heavily on the notion of “principle” than a utilitarian should accept, are open to challenge. (shrink)

Mill's famous proportionality statement of the Greatest Happiness Principle (GHP) is commonly taken to specify his own moral theory. And the discussion in which GHP is embedded -- Chapter 2 of Utilitarianism -- predominates the interpretation of Mill's normative philosophy. Largely because of these suppositions, Mill is traditionally read as a particular kind of utilitarian: a maximizing act-consequentialist. This paper argues that the canonical status accorded to Utilitarianism is belied by the text itself, as well as by its historical context, (...) and that this point largely undermines the orthodox interpretation of Mill. In fact, GHP was intended as the statement of a common creed, acceptable to the diverse class of philosophers Mill counted as utilitarian. Moreover, the discussion of substantive moral theory in Utilitarianism in several respects does not reflect his own view, and the work itself is much less important than it is almost universally taken to be -- though not, it turns out, by Mill himself. (shrink)