I am staunchly anti-utilitarian, as I explain at length in this post. But I have argued elsewhere (e.g., here) against government-designed rules that favor the few at the expense of the many. Does that make me a hypocrite?
No. Because I am also against government-designed rules that favor the many at the expense of the few. Both kinds of rules are abhorrent to me because they are government-designed. (I say “government-designed” because there are many rules imposed by government — the prohibition of murder, for example — which merely enforce long-standing social norms. Government-designed rules aren’t strictly government designed; they usually arise from efforts by interest groups to benefit themselves regardless of, or in spite of, long-standing social norms.)
To be clear, when I use the word “favor” I’m thinking not of rules that are meant to protect the vast majority of people from the small minority of them who are predators. “Favor” doesn’t come into it. To “favor” one group over another is to give privileges to that group which impose burdens on others. The prohibition of murder, for example, doesn’t “favor” victims; it denies (or attempts to deny) predators the “privilege” of victimizing others. (For much more, see “The Invention of Rights“.)
So when I rail against two-percent tyranny — the granting of privileges for small segments of the populace — it’s not that I’m making a utilitarian judgment about those privileges (i.e., 98 percent outweighs 2 percent). Rather, it’s because of the privileges themselves.
Such privileges may seem to be born of common sense (e.g., bike lanes keep bicyclists out of traffic lanes; the legalization of same-sex marriage merely extends the institution of marriage, which is a “good thing”). But, as government-designed rules, they signal that the beneficiaries deserve special treatment. Thus, for example, bicyclists push the envelope by riding the white line between the bike lane and the traffic lane. Same-sex couples (emboldened by other government-designed rules) use their status to attack and (financially) destroy businesses that prefer not to honor same-sex “marriage” or same-sex relationships.
In the latter case, a government-designed definition of marriage fosters the subversion of a long-recognized right: freedom of association. Same-sex couples have that freedom, but they seek to deny it to those who prefer not to associate with them.
(See also “How to Protect Property Rights and Freedom of Association and Expression“.)