By- VINOD DIXIT

Modern states distribute burdens and benefits through right discourse; however, in some exceptional cases, they temper right discourse with utility discourse. Right discourse has
been conceptualised and ideologised by Immanuel Kant. The validity of an action depends on adherence to a set of rules without reference to surrounding antecedents on a
priori basis. On the other hand, utility discourse, in the common law world, has been conceptualised by Jeremy Bentham and succeeding Utilitarians. Utility discourse is
consequentialist and is concerned with happiness of the majority. Both right and utility discourses lead to unjust and even monstrous results. However, in a capitalist society, benefits and burdens are distributed through right discourse, but in the interest of equity, and social harmony, in exceptional cases rights are tempered or trumped with
utility considerations. The trumping may be done by the legislature or judiciary. Some of such Indian cases have been discussed in this paper.