Considerations for application of util in practice
p75
There are a range of potential utilitarian arguments in favour of conduct conditionality, some of which
relate to the financial costs to society as a whole (and taxpayers in particular) of, for instance, having
large numbers of people receiving welfare benefits (Paz-Fuchs, 2008). There are also utilitarian
arguments in favour of intervening to tackle, for example, anti-social behaviour in order to protect the
well-being of those directly affected by such behaviour (Fitzpatrick and Johnsen, 2009). Furthermore,
overall societal welfare may increase if sufficient numbers of citizens derive enough utility from
seeing welfare benefits distributed subject under conditions that they view as ‘fair’ (see below; and
Miller, 1992; Goodin, 2002; Taylor Gooby, 2005).
The fundamental point of relevance here is that, as a consequentialist theory, the strength or weakness
of the utilitarian case for welfare conditionality turns largely on the empirical questions considered in
the last chapter. Can conduct-focussed conditions on the receipt of welfare be shown in fact to
increase the overall sum of human welfare? As demonstrated in Chapter 5, evidence for the positive
impacts of welfare conditionality is very often inconsistent, contradictory, or lacking. Current data
suggests a small number of examples of conditional programmes – some CCTs, immunization
focused conditionality in Australian and intensive ‘family intervention projects’ tackling anti-social
behaviour in the UK – that appear to achieve tangible benefits for those targeted and society at large,
but our review of evidence far more frequently backs a utilitarian scepticism regarding the ethicality
of conditionality.
Moreover, any potential utility gains associated with conditionality have to be weighed against the
negative impacts that such policies may have on those directly targeted – for instance the stress,
material hardship and even destitution that may be experienced by sanctioned jobseekers and their
families – and on those whose wellbeing is negatively affected by observing or dealing with these
negative impacts (e.g. welfare rights advisers, the ‘sympathetic public’ etc.). The ‘disutility’
associated with seeing “innocent third parties” (Deacon, 2004, p.916) harmed by conditionality in
particular must be taken into account, and could be sizable given the moral concern usually reserved
for children. Furthermore, declining marginal utility implies that losses to the (typically) low-income
groups in receipt of benefits should carry greater moral force than any gains of a similar magnitude to
the rest of the population. There are also a range of financial – and sometimes sizable – costs
associated with the administration of welfare conditionality that must also be weighed in the balance.
All of these points serve to undermine the utilitarian case for conditionality in some areas of welfare
policy (and indeed provides significant ammunition for its critics), but depending on the empirical
facts, the utilitarian rationale for conditionality may well be strong in other instances. If the evidence
clearly demonstrates substantial utilitarian gains, especially for vulnerable groups, the burden of proof
might be argued to be on conditionality’s critics to establish why a conditional approach is
nevertheless subject to moral opprobrium.