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Utility ignores justice

As Rosen (2003) has pointed out, claiming that act utilitarians are not concerned about having rules is to set up a " straw man ". Similarly, R.M. Hare refers to "the crude caricature of act utilitarianism which is the only version of it that many philosophers seem to be acquainted with." Given what Bentham says about second order evils, it would be a serious misrepresentation to say that he and similar act utilitarians would be prepared to punish an innocent person for the greater good. Nevertheless, whether they would agree or not, this is what critics of utilitarianism claim is entailed by the theory.