¶ … liberty is seldom a win-win situation. Which ethical theory is the best in your opinion for selecting a "winner"? Utilitarianism? Deontology? Other?
The philosophy of utilitarianism is problematic, given the difficulty of determining which group constitutes the 'majority' whose desires should rule over others. It is often said that if the First Amendment (free speech) and the Fourth Amendment (unreasonable searches) were 'put to a vote,' the American public would vote against them, because of its collective dislike of the ability of unpopular groups to articulate their ideas and its anger at seeing guilty people go free. Also, utilitarianism makes no allowance for the rights of minority groups at all, which can intensify the 'losses' of the minority group whose liberties are infringed upon to protect the rights of others.
Deontology's excessive rigidity can result in the curtailment of freedom -- how does...
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