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I'm sorry, but this is just a dodge -- playing with words. Mill doesn't really know what the long term consequences of instituting certain rights are. For all we know, the rights he favors (or the ones I favor) do NOT maximize happiness or welfare.

And all Brandt is doing is making a place for individual rights that are to be protected in spite of some marginal gains in utility that would result from violating them. But the fact that he is only talking about marginal gains is significant. Really full-blooded individual rights have to be protected in spite of major gains to utility. 

Sorry folk, this won't due. Utilitarianism and serious individual rights just don't fit together.