Except the lack of consistently applied rule of law has its own significant costs for a society’s welfare across the board that I’d argue outweigh the costs of equal punishment, so from a wider perspective it can still be justified via utilitarianism to sentence fairly
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Some versions of U can make it work, sure.
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That's what utilitarian means in a nutshell. It's cost benefit analysis with moral terms.
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That’s just collectivism, not utilitarianism.
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