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Updated: May 1, 2025
'The note in question greatly startled me by implicitly classing me with Anti-utilitarians. I have never regarded myself as an Anti-utilitarian. My dissent from the doctrine of Utility as commonly understood, concerns not the object to be reached by men, but the method of reaching it.
Anti-utilitarian justice never tries to look half-a-dozen different ways at once, never points at the same time in opposite directions, never issues contradictory mandates, never halts between two opinions.
Justice, in short, in her penal, as in all her other arrangements, has but to adhere closely to the anti-utilitarian principles of rendering what is due, and of taking nothing that is not due, in order to steer clear of all the difficulties by which the ablest and most accomplished Utilitarians confess themselves staggered.
My only concern with the two-headed monster they have imagined is to protest against its being mistaken for the one sole species of justice which Anti-utilitarianism recognises, and which never presents any such double-faced appearance. In the case before us anti-utilitarian justice would decide with her accustomed ease between the two appellants.
But right cannot really be opposed to right; justice cannot really be inconsistent with itself: it never can be unjust to do what is just. Anti-utilitarian justice tolerates no such intestine disorder. The sole ground on which she sanctions punishment is the indispensableness of punishment for the reparation of injury.
It would be cruel to detain him with a recapitulation, without which he may readily trace for himself, in what has gone before, the outlines of a consistent body of anti-utilitarian ethics.
But without abandoning this view, he now regards it as inadequate more especially in respect of its basis. Mr. Spencer's conception of Morality as a science, is conveyed in the following passages in a letter written by him to Mr. Mill; repudiating the title anti-utilitarian, which Mr. Mill had applied to him:
If he is not feeling this if he is regarding the act solely as it affects him individually he is not consciously just; he is not concerning himself about the justice of his actions. This is admitted even by anti-utilitarian moralists.
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