[T]he rejection of the aggregative approach which characterizes utilitarianism does not mean that it is completely displaced from the moral arena. It remains in reserve to be resorted to when arguments on the basis of rights are not sufficient to reach a conclusion: when reasons about what is correct do not indicate one course of action, because all of them are equally correct or equally incorrect, we must resort to reasons about the maximization of some social goods.

Carlos Santiago Nino, ‘Liberty, Equality and Causality’, Rechtstheorie, vol. 15, no. 1 (1984), p. 31