More wrongs have been committed against American Indian tribes in the name of utilitarianism than anything else we can name.
The greatest good for the greatest number - that is the goal of utilitarianism.
So... if 900 families from the Three Affiliated Tribes are removed from their family homes to make room for the Garrison Dam, and 3,000 North Dakota farm families benefit by having cheaper water and thus being able to stay on their farms, and another 30,000 North Dakota families benefit by being able to buy food more cheaply, then taking the land is the right thing to do. So speaks utilitarianism.
Given our history, the flaws in reasoning of the utilitarian theory is crystal-clear to Native Americans. Seeking the greatest good for the greatest number can seriously disadvantage minority groups and certain individuals. John Rawls, in the late twentieth century, argued against utilitarianism. He instead proposed a theory of Social Justice. He believed that individuals have rights that should never be violated, no matter what the outcome.
It is interesting that Rawls "modern" theory goes back to our nation's founding and beyond, with a constitution that begins,
"We hold these truths to be self-evident, that all men are created equal and that they are endowed by their creator with certain inalienable rights."
If we are making out the argument for Social Justice theory and against utilitarianism as if everyone agrees with us, don't be misled. MANY people hold to a utilitarian theory to this day. An actual case is given below: