Let us ask the question in another form. What is that which constitutes
happiness, over and above the several ingredients of health, wealth,
pleasure, virtue, knowledge, which are included under it? Perhaps we
answer, 'The subjective feeling of them.' But this is very far from
being coextensive with right. Or we may reply that happiness is the
whole of which the above-mentioned are the parts. Still the question
recurs, 'In what does the whole differ from all the parts?' And if we
are unable to distinguish them, happiness will be the mere aggregate of
the goods of life.
Again, while admitting that in all right action there is an element of
happiness, we cannot help seeing that the utilitarian theory supplies
a much easier explanation of some virtues than of others. Of many
patriotic or benevolent actions we can give a straightforward account by
their tendency to promote happiness. For the explanation of justice, on
the other hand, we have to go a long way round. No man is indignant
with a thief because he has not promoted the greatest happiness of
the greatest number, but because he has done him a wrong. There is an
immeasurable interval between a crime against property or life, and the
omission of an act of charity or benevolence. Yet of this interval the
utilitarian theory takes no cognizance. The greatest happiness principle
strengthens our sense of positive duties towards others, but weakens
our recognition of their rights. To promote in every way possible the
happiness of others may be a counsel of perfection, but hardly seems
to offer any ground for a theory of obligation. For admitting that our
ideas of obligation are partly derived from religion and custom, yet
they seem also to contain other essential elements which cannot be
explained by the tendency of actions to promote happiness. Whence comes
the necessity of them? Why are some actions rather than others which
equally tend to the happiness of mankind imposed upon us with the
authority of law? 'You ought' and 'you had better' are fundamental
distinctions in human thought; and having such distinctions, why should
we seek to efface and unsettle them?