(204) Whether that decision is fair does not matter to the cold calculation of act utilitarianism. A rule utilitarian, however, would argue that helmet use actually increases happiness; therefore, the rule should be one that promotes helmet use.
It would have been interesting to see whether Colombatto agrees with these arguments and whether his critique of consequentialism applies only to act utilitarianism. Further, the same aforementioned strengths of Colombatto's book are also strengths of Hazlitt and Yeager's work.
Indeed, a well-known objection to the sustainability of utilitarianism through rules is that in the end it collapses into a form of act utilitarianism. (203) Circumstances will emerge over time in which noncompliance with a rule begins to produce more utility than compliance.
Although Bagaric and Clarke claim that pretty much any of the available contemporary normative ethical theories, including deontological theories, will justify torture in these circumstances, they themselves endorse a form of consequentialism, namely, traditional hedonistic act utilitarianism .