Brainpolice : Subjective Value

The Pluralism of Liberty

Brainpolice — Mon, 28 Jul 2008 06:56:00 GMT

The concept of individual liberty, consistantly applied, would seem to have pluralistic implications. For it leaves room for anyone to act as they please within the context of voluntary interpersonal relations, and by its very nature a society consists of a plurality of different types of people with a plurality of traits and preferances. Individualism, when applied to an entire society of people, recognizes the high degree of diversity among individuals, that each individual is fundamentally different from the other in some way. On the other hand, collectivism and the fallacy of holism that is often present in sociological analysis views a society as if it were a singular autonamous individual or as if it is unanimous, hence failing to recognize the the inherently plural nature of human interpersonal relations. The abstractions of group identities obscures the individual and the diversity within a given group and creates false dichotomies that pits each respective group against the other.

While all human beings share some fundamental features that define them as human beings, when one looks beyond these fundamental features one finds extreme complexity and variation. Noone's traits, preferances and desires are entirely identical to anyone else's. This is especially true with respect to aesthetic experience and taste. What type of food tastes the best, what kind of music or art is the most pleasing to the eye or ear, which fiction books are the most interesting, which person is the most attractive? These are all questions that each individual may very well have a completely different answer to. There is no real "objective" answer to such questions, and by "objective" I mean universally true irrespective of time or place or context or perspective. Such preferances are inherently not universal and they always change over time. Neither do I think that there is any moral imperative to choose one such preferance over any other. Noone has an obligation to choose Bach over Debussy or Robert Heinline over Isaac Assimov.

Considering the extreme diversity among the personal preferances of human beings, some important questions arise. Does this imply that everyone must inherently conflict with eachother? The short answer is no. The fact that Joe prefers X and Jack prefers Y does not inherently imply that either Joe must enforce their preferance on Jack or vice versa. It is perfectly possible for both Joe and Jack to each get what they want for themselves, especially if each of them has to can produce or obtain what the other wants and make a voluntary exchange of values. Or each of them can individually persue and obtain what they want. The only way in which this can occur, of course, is in the context of voluntary interpersonal relations. One must recognize the liberty of the individual to pursue their own personally preferances and happiness without infringement by others and without infringing on the like liberty of anyone else to do the same. Equality of liberty. Once this basic principle is established, everything else has total free reign, and the outcome will inherently be highly pluralistic in light of the vast diversity between human beings.

What kind of system makes the most sense in consideration of the conflicts of personal preferance between people? A properly formed answer to this question must question one of it's premises in the first place, I.E. the alleged "need" for a singular or universal system. No singular system or central plan can take such a diversity into account. The only thing that can take such diversity into account is a process by which people can voluntarily choose or not choose systems. So the answer does not lie in a particular system but within the broader context of an overall framework in which systems can be experimented with. In short, the answer to the question is: the free market and anarchism, which are essentially the same thing in a certain context. "The free market" and "anarchism" is not a system but a process and framework by which systems are chosen. The idea is that each individual may voluntarily choose what type of associations and organizations they wish to participate in and patronize. Noone may legitimately force their particular prefered kind of association or organization onto anyone else. The moment that one proposes a singular system or plan for an entire society or the entire world, equality of liberty has been breached and the plural nature of humanity isn't properly being taken into account.

If a particular preferance truly is superior, it will prove itself to be superior, not by force but as consequence of competiting on the basis of its own merits. The use of force in such matters to universally coerce an entire society into a given system is the choice of cowards who are not willing to genuinely put their own ideas and preferances to the test. If someone genuinely thinks that their prefered system is optimal, then they should feel no need to resort to coercion to implement their system. The fact that someone wishes to coercively enforce their system onto others would seem to indicate some degree of uncertainty on their own part, a lack of genuine confidence and a reversion to childish means of getting what they want. It also demonstrates a lack of tolerance for the fact that there are other people who disagree, who have different preferances. Those who think that the only option is either coercively imposing their preferances onto others or having other people do the same to them have set up a false dichotomy that ignores the option to simply "live and let live", to allow each individual the liberty to pursue their personal preferances and possibly mutually obtain them. There is no reason why all parties cannot win.

Unless everyone magically became entirely identical or unanimous, which blatantly goes against how individuals actually are and/or work, individual liberty is inherently pluralistic in its implications. Competition and monopoly are opposed in principle. One cannot survive without the elimination of the other. Perhaps what really scares people about individual liberty is the fact that in a free society they indeed would have to be tolerant of the co-existance of people with different preferances and who participate in different kinds of associations and different forms of organization. "Capitalists" are uncomfortable with the prospect of people forming cooperatives or communes, "communists" are uncomfortable with the prospect of people working for wages or engaging in trade for profit, "racists" are uncomfortable with the prospect of people from different races interacting and mixing, and so on and so forth. The true proponent of liberty is perfectly fine with all of it so long as it is within the context of voluntary choice, with equality of liberty. If they are truly are confident in the inefficiency of a particular preferance or mode of organization, they won't think it can possibly survive the competition in the long run anyways.

Subcategories of anarchism such as "anarcho-capitalism", "anarcho-syndicalism", "anarcho-primitivism", and so on, are only genuinely anarchic if the adjectives placed after the "anarcho" are viewed as personal preferances, perhaps that the individual thinks are ultimately the most efficient and sustainable, that they will survive the competition. But the moment that any such adjectives are proposed as universal systems or central plans, the moment that one advocates them as something that everyone must choose or live under, it ceases to be anarchism and reduces to the proposal for a new state. This is why I consider pluralism to be such an important principle with respect to anarchism. The truly consistant proponent of liberty is a pluralist in that they have no problem with the peaceful co-existance of people with different preferances, the co-existance of various associations and organizations or organizational forms. They are keenly aware of the diversity among human beings and have no desire to force them all into a single mold. They support the ability of everyone to foster their own individuality without coercive restraints. In short, they are aware of the pluralism of liberty.

Resolving Anarchist Conflict

Brainpolice — Tue, 06 May 2008 00:57:00 GMT

Conflict between the socialist oriented and market oriented camps within anarchism can get very tedious. Many anarcho-communists and anarcho-syndicalists appear to emphatically claim that market anarchism isn't truly anarchism, that opposition to private property and capitalism is a requirement for one to be an anarchist, conflate currently existing political and economic systems with a free market and sometimes even defend welfare states as if take the edges off of the alleged evils of capitalism. Some anarcho-capitalists appear to get baited into functioning as vulgar libertarians or they generally associate themselves too closely with contemporary conservatism and therefore end up defending currently existing corporatism as if it is the result of a free market, claim that all forms of socialism are statist political systems, defend paleoconservative positions on issues such as immigration and romantisize feudalism and colonial America.

The bulk of the debate between the two sides consists of a language barrier, semantics and quibbling over property. There is a language barrier over terms such as capitalism, socialism, communism, anarchism and libertarianism to the point where any true meaning is rendered obsolete. Each side suspects that the other side are merely authoritarians in disguise, and sometimes the suspicion is entirely justified (with some social anarchists functioning as state-socialists and some anarcho-capitalists functioning as conservatives). The more that each camp acts foolishly intolerant and monopolostic, the more likely they are to be pushed back into the statist paradime due to reactionary sentiments, leading to the use of political means to dominate against their alleged enemies. Sometimes they spend more time critisizing eachother than they do critisizing contemporary statist ideologies.

Capitalism has different connotations to the various camps. Some consider capitalism to be the current system, some consider it to be separation between labor and ownership, some consider it to be private ownership of the means of production or the extensive use of capital and some consider it to be a spontaneous order resulting from the voluntary and mutually beneficial interpersonal relations between people in the absence of a central planner or state through a process of free trade relations and competition. Socialism has different connotations as well. Some consider socialism to be worker ownership of the means of production, some consider it to be state ownership of the means of production and some consider it to be some sort of egalitarian free market. There are nearly endless semantics over the meanings of the terms which avoids a real discussion and debate about the actual principles that people advocate. These semantic conflicts even exist within each respective camp, as some market anarchists have abandoned the term capitalism.

Etymologically, anarchism simply means "no rulers". Anything that is without rulers is therefore anarchic by definition. Any philosophy that is opposed to rulers is an anarchistic philosophy by definition. Whatever additional features they may have is only a matter of flavor. On a fundamental level, all anarchists of any type oppose the institution of the state. Anything else that they may support or oppose beside the state is comparatively inconsequential, although it is of course true that non-state institutions may sometimes qualify as examples of rulership. So it does make some degree of sense to say that anarchism is more than mere consistant/radical anti-statism, even if one wants to quibble that such institutions would qualify as states anyways. One way to put it is that anarchists are opposed to crime or plunder in general as a matter of principle, and more large-scale manifestations are merely the institutionalization of crime or plunder. In either case, there is no reason to ostracize people who truly do oppose rulers from the anarchist movement just because they have perhaps a somewhat different flavor than one's particular camp.

The issue of property is the main area of conflict. The property debate has been going on forever. Some social anarchists seem to think that private property is either a product of the state or inevitably leads to a state. Private property may be thought of as either a legal construct or a form of exploitation that precedes and leads to the formation of states. Of course, one cannot logically hold both positions at once, since that would be like taking both sides of a chicken/egg debate at once. Market anarchists tend to define private property in terms that should actually appeal to a socialist, which is that legitimate private property is the product of labor - a labor theory of property aquisition. How can a socialist oppose labor when that is supposed to be their forte? If consistant to their principles, the market anarchist does not support all legal private property titles, for they have an independant standard of justice in property aquisition that would delegitimize currently existing conditions. In short, they oppose the currently existing legal construct. The vulgar libertarian, however, does fall into the trap of defending all or some illegitimate portion of currently existing private property titles and buisiness arrangements.

On the other hand, complications arise over the value of labor, as social anarchists tend to cling to some kind of labor theory of value. This is problematic because it doesn't adequately take into account the labor of the enterprenuer, the dynamic nature of prices and the factor of time in general. Contemporary market anarchists usually have discarded the labor theory of value for a subjective theory of value and theories of time preferance. However, if one observes individualist anarchists such as Benjamin Tucker who still held to a labor theory of value, it would seem to be that case that the such people thought that a free economy would naturally reflect a labor theory of value. So in this sense classical individualist anarchists are entirely supportive of laissez-faire and only disagree with more contemporary market anarchism in terms of what they think the outcome of a free market would be. More contemporary individualist anarchists have merely modified the position in light of changes and improvements in economic theory. If one takes a 19th century individualist anarchist and merely substitutes the subjective theory of value in place of the labor theory of value, one essentially has a contemporary market anarchist.

Diehard social anarchists oppose what they consider to be private property. They often make a distinction between personal property and private property or between possessions and property. They tend to have a principle loosely based on "use" of property that is supposed to be more limited than the extent of control and amount available to the individual that private property allows for. It would seem that there is a threshold of requirements for property ownership with perpetual use at one end and perpetual ownership in the absence of use on the other. If they are pushed and in a logical state of mind, the social anarchist will not tend to condone a standard of perpetual use and the market anarchist will not tend to condone a standard that allows one to hold a title to blatantly abandoned or unowned property, for each of those standards leads to endless absurdities and may justify clearly wrong and exploitative scenarios.

Perpetual use is an absurd criteria for ownership, for it would imply that as soon as one parks their car somewhere then it is no longer theirs and therefore someone else may expropriate the car for themselves. In short, it would justify theft. On the other hand, there are problems with titles to ownership of property, particularly land, that has blatantly been abandoned or neglected by the person with the title to ownership and while there simultaneously are actually other people who actually actively labor upon it. Intergenerational or perpetual ownership over property that one makes no use of yet others do leads to fuedalism. Surely future generations of people should not be bound to a nullified claim of ownership by someone else, some rich aristocrat who no longer contributes in any real way to the upkeep of the property or makes any use of it at all. In order to resolve the issue, some process of identifying or clarifying whether or not the property in question is abandoned by its original owner would make sense. It should be noted, however, that this does not necessarily justify the claims of the geolibertarians, who erroneously conclude that private land ownership is illegitimate and/or there should be collective land ownership as a universal standard.

When the absurdities resulting from the idea of perpetual use are pointed out, the social anarchist will often proclaim "general use" to be the standard for ownership. But general use is very vague, leaving open a range of possibilities. It would seem to be the case that what constitutes general use would have to be agreed upon or arbitrated, quite possibly varying from organization to organization and/or community to community. If this is conceded, then the only real difference between the two sides is a matter of what type of voluntary precedent one personal prefers. So long as each side remains at least passively tolerant of the fact that perhaps different communities or organizations of people will have somewhat different standards, then there is no reason for conflict. Free association resolves the problem. If a standard objectively ends up being more sucessful and efficient through voluntary interactions, then it will tend to win out in the dynamic and evolutionary process of trial and error that is inherent in free association and competition.

Social anarchists demand worker ownership of the means of production. If consistant to the principles of voluntary interpersonal relations, the market anarchist has no choice but to support the liberty of individuals to voluntarily form worker's collectives and opt out of or secede from other particular organizations. If the social anarchist is likewise consistant, they have no choice but to support the liberty of individuals to voluntary form into employer-employee relationships and opt out of or secede from their worker's collectives. If one is forced into or out of such associations through force or the threat thereof, then they would effectively become slaves. So long as neither side actually forces anyone into their prefered organizational structures, each side can mutually persue their desires without infringement upon others. In a sense, the key question to ask is: can I opt out of your organization/community/society? If not, then it is no different than a state. If so, then there obviously is not going to be absolute uniformity in terms of what particular organizations and types of organizations people choose to participate in, as everyone is not identifical in their preferances, traits and abilities.

An interesting cunundrum to present a social anarchist with is, "I want to be a wage slave, I want to work for a boss, so what do you do if I truly do choose to enter into a contractual relationship with someone for wages in exchange for my labor? Why can't I rent out the products of my labor if I sincerely want to? What if I want to opt out of the worker's collective and look for an employer?". If an individual is truly autonamous, then noone may legitimately force them out of this personal association or force them to remain in a particular association, whether it is a single individual or "the majority" or "community". Likewise, an individual should have the liberty to opt out of an employer-employee relationship and voluntarily organize with others into worker's collectives or other types of organization. One must recognize the liberty of even a single individual to secede from an organization. So long as one does not have any genuine debt or contractual obligations withstanding, they should be able to exit the association and persue other ones. That's precisely how free competition works, as undesired and inefficient modes of organization become obsolete by people's choices not to associate with or participate in them.

Forms of organization that are considered to be socialistic are theoretically possible options in a free market. This is something that some people from both the anarcho-capitalist and social anarchist camps seem to not want to aknowledge, each for different reasons and from different perspectives. The consistant proponent of voluntary interpersonal relations has a certain kind of tolerance that allows for those who disagree with them to opt out of their prefered organizations and voluntarily form alternatives. It's essentially a live and let live perspective: don't force me into your community or organization and I shall do likewise. Call it whatever one wants, the law of equal liberty, the non-aggression principle, decision-making in proportion to the degree that one is effected, etc., it's all essentially the same thing. Within the confines of the general principle, anything additional is only optional or preferential.

Philosophies and ideas in general evolve over time, and this is just as true about anarchism as it is about anything else. The economics and philosophy behind anarchism have evolved, sometimes into territory that is very market oriented. There is a progression and tree of sorts that can be traced from the most original anarchists to currently existing factions, including market anarchism. Mutualism can be seen as progressing to individualist anarchism and eventually into contemporary market anarchism, so claims that market anarchism has no place within anarchist tradition is false and ignores the variance that has always existed within the general movement. To try to cling absolutely to every single aspect of an obsolete theory from centuries ago starts to make one rather conservative, and in this sense some social anarchists have become blind traditionalists who are unwilling to modify their ideas in the face of new information. On the other hand, contemporary market anarchists should have a lot of appriciation for early anarchist tradition and be willing to see what they may have in common with more socialist oriented anarchists. They should understand themselves in historical context and aknowledge that certain segments of their philosophy wouldn't exist without those who came before them, the Proudhons and Bakunins and Tuckers and Spooners.

There is no rational reason for there to be the degree of conflict that currently exists between the different camps of anarchists.

Two Fallacies (Or Three?)

Brainpolice — Fri, 07 Dec 2007 05:26:00 GMT

In discussing and debating economic and political issues, there are some rather ridiculous fallacies that are commonly manifested in public discourse. These fallacies are not directed at the content of one's ideas so much as the character of those advocating them, and therefore can be seen as ad hominems. They are misunderstandings or misrepresentations of the character of people who adhere to certain ideas.

One of the most common of these fallacies in political discourse is the accusation that someone opposes a given goal because they disagree with the means that other people advocate towards achieving the goal. This is fallicious because it assumes that there is only one possible means to the desired end in question. In particular, when people get so used to a traditional method of doing things, when it seems to people that this is how it always was and always must be, they tend tend to assume that the given means is the only possible one towards the end in question. This method of looking at the world ends up as a defacto defense of the status quo, for any proposed alternative can be immediately shot down as insane or impossible. And any objection to the currently popular means towards the goal in question is misrepresented as an objection to the goal in itself.

But the fact that I may oppose the compulsory provision of something does not mean that I oppose that thing in itself. What I oppose is not the ends but the use of coercive means towards those ends. I simply do not think that the ends ever justify the means. I am a non-utilitarian or non-consequentialist. This is not to say that I don't care about consequences at all so much as the fact that I view the consequences as becoming irrelevant if the given means towards those consequences is immoral in itself.

To use an example, I oppose the government provision of welfare. A common reaction would be to accuse me of being a heartless *** that lacks empathy for the poor and needy. But this would be a complete misreading of my character and intentions. In opposing government welfare, I am not opposing the act of giving money to the less fortunate in itself, I am opposing the political means towards that end, which is the forced redistribution of wealth by the state through taxation. I fully support any individual's choice to personally give their wealth away to others or to voluntary form institutions to cater to the needy. What I oppose is the means of stealing from anyone else in order to do this. My opposition to government welfare says nothing about my personal willingness to voluntarily give my money away to or give help to poor people.

This fallacy is all over this place in public discussion of economic policy. The great French laissez-faire economist Frederic Bastiat pointed out this very problem over a century ago when he stated the following: "Socialism, like the ancient ideas from which it springs, confuses the distinction between government and society. As a result of this, every time we object to a thing being done by government, the socialists conclude that we object to its being done at all. We disapprove of state education. Then the socialists say that we are opposed to any education. We object to a state religion. Then the socialists say that we want no religion at all. We object to a state-enforced equality. Then they say that we are against equality. And so on, and so on. It is as if the socialists were to accuse us of not wanting persons to eat because we do not want the state to raise grain."

Another common fallacy is the accusation that someone personally supports a given goal or preferance because they support someone's freedom to persue that goal or preferance. Or, alternatively, the accusation that someone does not support someone's freedom to persue a given goal or preferance because they do not personally prefer the thing in question. These fallacies are used to imply that people have personal preferances which they do not actually hold in reality, or in the case of the alternative fallacy, that they are authoritarians who wish to impose their whims onto everyone else. One could in theory hold onto all sorts of illogical and horrible personal views yet confine them to a voluntary context. Even such nonsensical ideas such as racism.

To address the initial fallacy equating support for people's freedom to do something with a personal preferance for it, the fact that I support someone's right to engage in a given activity does not necessarily mean that I personaly favor or advocate that activity. As the classic Voltaire saying goes, I disagree with what you say but to the death I will fight for your right to say it. I do not personally support or engage in polygamy, homosexual activity, prostitution, heroine use, gambling or racist speech.

Yet I fully support the freedom of anyone else to voluntarily engage in such activities provided that they do not force me to engage in them myself. This in no way makes me a polygamist or racist coddler or what have you. To paint a picture of me in which I am some kind of active and supporter of these things is an inaccurate assault on my character. My support for personal freedom does not necessarily translate into a personal preferance for whatever activies people engage in with their personal freedom.

In short, I make a clear distinction between that which is immoral for any human being to engage in and that which I do not personally prefer. On one hand, I actually think that ethics should be absolute and universally applied to all human beings. I am am as far from being an ethical subjectivist or hedonist as it gets. On the other hand, things that are mere personal preferances cannot really count as ethics. They are matters of taste or whim.

There are plenty of things in this world that I do not personally prefer. But I do not advocate the prohibition of these things. I personally dislike B.C. Rich guitars. Rap music annoys me. I hate the taste of beer and find drunks to be generally beligerant in their behavior. I never understood how people could appriciate a nearly blank canvas with a dot on it as good art. I find McDonald's burgers to be too small, not particularly tasty and a rip off. I dislike religious beliefs with a burning passion. And if I see anyone doing the Macarena one more time, my head is going to explode!

But you won't ever see me advocating a government ban on any of these things. In economic terms, I can oppose them using my own freedom by simply abstaining from purchasing or funding them, and urging others to do likewise. In social terms, I can oppose them by writting and speaking against them to other people. And on some level at the end of the day I'm just going to have to put up with the fact that not everyone shares my sense of aesthetics. Besides, the world would be boring if everyone were clones.

Pragmatic Utilitarianism: A Road to Tyranny

Brainpolice — Fri, 30 Nov 2007 19:52:00 GMT

The arguements given by people to justify unethical acts are usually utilitarian, which is to say that a given act is defended on the grounds that it is beneficial to someone. This is commonly manifested in the arguements given in defense of the alleged "need" for a whole host of economic policies, and government in general. For example, conservatives often argue that the tax-funded defense industry helps "stimulate the economy". It is often argued that the public sector is justified because it "creates jobs". So long as a measure can be shown to be beneficial to a specific group of people, the utilitarian is prone to be comfortable with it.

On one hand, these kind of arguements are fallicious even in utilitarian terms in that they ignore the cost side of the equation. Government creates only government jobs, which inherently comes at the cost of private jobs. Governments cannot increase employment in one sector without withdrawing it from another. All government jobs represents a net loss to the tax-payer. Government cannot create wealth, it can only redistribute it, and in the process of redistribution it actually decreases overall utility by shifting production into consumption. The government itself does not produce, it consumes from private production. It is a leech on the producing classes, which includes both workers and genuine enterprenuers.

On the other hand, even if it can be substantiated that a given measure is beneficial to people, this does not necessarily justify it in ethical terms. Afterall, one can try to argue that a thief is justified in their theft because they donated the stolen goods to charity, but that would not justify theft. Just because something may be beneficial to some people does not necessarily mean that it is justified, nor does it negate the fact that it may very well be at the expense of other people. Economic efficiency and metric benefit is not a proper measuring stick of justice. In short, the ends do not justify the means. One can very well show how a redistribution benefits certain people, but that would not justify confiscation of property.

A common mistake made by many utilitarians is the broken window fallacy. The broken window fallacy refers to a situation where one argues that a destructive act is justified because it may lead to the gain of others in some way, usually by stimulating economic activity. Should we encourage children to break windows of baker's stores because this stimulates the economy by making the baker buy a new window? Or are destructive acts never justified, and this actually represents a loss to the baker? To take the former view ignores how those same resources would have been used otherwise. This fallacy is precisely what is going on when people claim that warfare benefits the economy, ignoring that there are immense costs that can only be delayed at best.

While some utilitarians think more long-term than others, utilitarians may often take a short-term view, being concentrated on obtaining the maximum utility in the present, regaurdless of long-term consequences. A good example of this is manifested in monetary policy. The establishment view goes roughly as follows: "monetary inflation is a good thing because it stimulates the economy by raising wage rates, creating jobs and stimulating growth". But as Ludwig Von Mises demonstrated close to a century ago, in the long-term this is unsustainable, it must be reconciled in a downturn, malinvestments must be cleared and the debt it generates must be payed off. This is beside the fact that the inflation also reduces the value of each monetary unit, thereby diminishing the purchasing power of the wages, which manifests itself in a higher cost of living. Viewed in ethical terms, all of this is irrelevant to the question as to wether or not the stealing of the value of people's money can be justified.

Also, utilitarianism is all about maximizing "happiness". But the problem is that there is no concrete definition of happiness, which is to say that it varies from individual to individual. The question becomes "who's happiness"? It is not really possible to statistically measure "happiness" in the first place. In practise, therefore, it seems as if the utilitarian is stuck either arbitrarily trying to measure things in terms of their own definition of happiness (which makes way for authoritarianism), or playing the role of a value-free observer that accepts whatever a person's own definition of happiness is (which makes way for hedonism). Another route that may be taken is to define happiness by whatever a majority defines it as (which makes way for persecution of the minority).

Furthermore, and this is very important to stress, happiness is not the criteria by which we measure right and wrong. The happiness of a murderer may come from murdering, but surely we do not condone murder simply because it brings happiness to the murderer. Pleasure may seem like a good goal to strive for, but some people may find pleasure at the expense of others. In some cases, commonly accepted morality may very well require that people abstain from acting out of primitive desire for pleasure. A man may find pleasure from sexual intercourse, but in order to be ethical they must abstain from simply forcibly mounting every woman they see. And if utility is defined more in terms of general economic well-being, a person may steal in order to stay alive, but in order to remain ethical even the most impoverished person must abstain from robbing banks.

In short, it is impossible to consistantly apply any ethical principle using utilitarianism as a method of looking at things. Any ethical consideration can in theory be overturned using utilitarianism so long as it is percieved or can be sufficiently proven to be net beneficial or bring happiness. At best, utilitarianism can be used to show how certain actions will have negative or unintended consequences. It can have a limited use in this respect. But as an ethical system it is a nightmare. Pragmatism becomes more important than principle and even if a long-term view is held a utilitarian may find ways to attempt to justify just about anything. In particular, so long as something can be shown to benefit a larger amount of people, the individual or minority is fair game to be trampled upon in a utilitarian world. This is fundamentally determental to the cause of individualism.

A fundamental requirement for justice is universality, which is to say a logically consistant application of principles to each individual. Utilitarianism cannot possibly consistantly apply a principle to each individual, for it seeks a numerical maximization of variables in which whoever has the most numbers wins. It turns everything into a numbers game, into a game theory of a sort. There is a fundamental clash between universal justice and bare consequentialism. Universal justice proclaims that certain things are wrong regaurdless of the consequences and regaurdless of the amount of people involved in or benefited by them; even if it's one individual against the world. Utilitarianism, on the other hand, essentially proclaims that anything is right provided that it has good consequences; even if the individual or minority must be forced to sacrifice for a "greater good" (whatever that means).

One's options are as clear as a bell: either ethics are definitive and universal, or they are prone to juxtoposition and subordination based on consequences and sheer pleasure.