"See also JS Mill who claimed that rights reconcile justice with utility. Justice, which he claimed consists of certain fundamental rights, is merely a part of utility. And “to have a right is .. to have something which society ought to defend …. [if asked why[ … I have give no other reason than general utility”: JS Mill, “Utilitarianism” in M Warnock (ed), Utilitarianism (1986, first published 1859) pp 251, 309. T Campbell, “The Legal Theory of Ethical Positivism” (1996) pp 161-85. T. Campbel, “The Point of Legal Positivism”, in T Campbell (ed), “Legal Positivism” (1999) p 323."
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Footnote 33, p.24
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