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About this sample
About this sample
Words: 1240 |
Pages: 3|
7 min read
Updated: 15 November, 2024
Words: 1240|Pages: 3|7 min read
Updated: 15 November, 2024
In the 1800s, the Industrial Revolution prompted many people to reconsider the laws that were introduced to society. One such individual who sought change was the English philosopher Jeremy Bentham. His views on the law were shaped by the Industrial Revolution in the 18th century, which saw numerous laws that Bentham deemed unjust. This was precisely what he aimed to change, and he did so using the principle of utility. This essay will explore Bentham's inspirations to reform law rather than practice it and delve into his main belief, known today as Utilitarianism. It will also examine the advantages and disadvantages of utility and utilitarianism.
Bentham was an English philosopher and social reformer who founded utilitarianism and worked as a jurist. He hailed from Houndsditch, City of London, United Kingdom, born in 1748, and he lived a long, successful life until his death at the age of 84. Bentham was an advocate of individual and economic freedoms, the separation of church and state, the right to divorce, and he championed equal rights for women. Additionally, he sought to abolish slavery and capital punishment and advocated for animal rights. He also rejected the concept of natural law. Bentham came from a family of lawyers, attended Westminster School, and studied at Queen’s College in Oxford. He initially practiced law but eventually abandoned it, frustrated with its complexity and perceived injustice. His views were profoundly influenced by the Industrial Revolution and the treatment of people during that era, which fueled his desire to reform the law. Bentham's work influenced many philosophers who followed in his footsteps after his death on June 6, 1832.
Jeremy Bentham famously stated, “The greatest happiness of the greatest number is the foundation of morals and legislation.” This quote encapsulates his belief that actions are deemed right if they are useful or benefit society. Bentham believed that laws should be enacted to bring the greatest happiness to the greatest number of people. He argued that the basis and origin of the law should stem from this idea of utility. Bentham sought to reshape the law so that it would align with societal needs, ensuring that new laws increased pleasure and happiness. He also posited that actions have consequences: if an action brings pleasure, it will lead to more pleasure, whereas if an action causes pain, the consequences will be painful.
One advantage of Utilitarianism is that it is a theory aimed at promoting the common good by creating laws that benefit society as a whole. It encourages actions that provide the most overall pleasure, introducing positive actions and consequences into society. This approach influences people to choose actions that will benefit them and maximize their pleasure over pain. Utilitarianism allows individuals to independently determine what is right and wrong from moral and ethical perspectives, focusing on the result of an action, known as the consequence, rather than the motive behind it. Moreover, it incorporates scientific principles, providing some people with comfort since scientific evidence supports the theory, making it more credible and less likely to be questioned.
Another advantage of Utilitarianism is its universal appeal. It includes individuals from different religions and beliefs, making it inclusive and complementary to Christianity. Although utilitarianism does not explicitly mention God, its principles align with many religious teachings, as judging a deed mentally is akin to the process of utility. Using the hedonic calculus is similar to employing one's conscience as an ethical guide. Therefore, utilitarianism is an inclusive theory that seeks to incorporate all religions. The idea of enacting laws that bring happiness to the greatest number of people resonates with the beliefs of many religions, which often emphasize inclusivity. Allowing society to participate in the legal process fosters inclusivity and societal happiness. However, a significant challenge lies in measuring happiness.
One disadvantage of Bentham’s theory is the difficulty in quantifying happiness. While it is easy to suggest that a law should be enacted if it brings happiness or pleasure to society, measuring the happiness derived from a specific action is challenging. Different individuals react differently to the same actions, and what brings happiness to one person may not have the same effect on another. Moreover, the duration of happiness can vary; for instance, winning the lottery may bring temporary happiness that fades once the money is spent. This variability poses a challenge, as a law that initially brings great pleasure might eventually lead to dissatisfaction. Therefore, if a law is passed that delights society, there is no guarantee that it will continue to do so over time.
Another disadvantage of Utilitarianism is its potential conflict with justice. In certain circumstances, it may require punishing innocent individuals to maintain societal happiness. While society generally believes it is wrong to punish the innocent, utilitarianism focuses on the happiness it will bring to the majority. If punishing the innocent provides peace and satisfies the majority, utilitarians may justify such actions. This presents a serious issue with the principle of utility, as it can justify punishing or even executing an innocent person if it results in societal happiness. Therefore, utilitarianism can cloud judgment, prioritizing societal happiness over truth. It allows individuals to justify any action based on this theory, such as arguing that the hedonic calculus justifies a heinous act if it brings pleasure to the majority involved.
In today's world, it is easy to critique Bentham's ideas, given that times have changed and people hold diverse views. However, considering the era in which Jeremy Bentham lived—the 1800s—when laws were often unfair and unjust, his contributions were revolutionary. The legal system at the time was heavily dominated by government decisions, with little input from society. Bentham's ideas introduced the notion of societal involvement in governmental decisions, allowing people to participate in decisions that ultimately affected them. His introduction of scientific principles into the legal framework also bolstered confidence in his work. Laws supported by scientific evidence were harder to dispute, further solidifying Bentham's influence.
1. Bentham, J. (1789). An Introduction to the Principles of Morals and Legislation.
2. Rosen, F. (1997). Classical Utilitarianism from Hume to Mill. Routledge.
3. Crimmins, J. E. (2011). The Bloomsbury Encyclopedia of Utilitarianism. Bloomsbury Publishing.
4. Dinwiddy, J. R. (2004). Bentham: Selected Writings of John Dinwiddy. Stanford University Press.
5. Quinn, M. (2014). Utilitarianism and the Art School in Nineteenth-Century Britain. Routledge.
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