Jeremy Bentham
(1748 – 1832)
English philosopher and jurist. He is regarded as the founder of utilitarianism and contributed immensely to philosophy of law. His ideas were politically radical, among others the advocated for individual and economic freedom, separation of church and the state, freedom of expression, equal rights for women, animal rights, the right to divorce and abolition of slavery and capital punishment.
His first work is A Fragment on Government (1776), where he first made the point that law and all moral and political theory must be grounded in empirical fact – which for him was the pleasure principle. This is the fact that by nature, humans are motivated exclusively by the desire for pleasure (a view known as psychological hedonism). This means that all analyses, theories and recommendations for human behaviour and acts have to begin with the fact that humans are motivated by the desire for pleasure and the aversion of pain.
His most well-known work is An Introduction to the Principles of Morals and Legislation (1789), where he detailed his utilitarian theory. To the pleasure principle, Bentham added a social component. His moral view is that:
—> one should act in a way that maximises his and other’s happiness (also called the principle of utility or the “greatest happiness principle”)
—> this moral view is also called consequentialism – because the morality of an action is determined by its consequences (cf. Kant’s categorical imperative)
Further, Bentham formulated a calculation for the degree of happiness (called the calculus of felicity) an act would bring, which includes the following categories:
- intensity (how intense)
- duration (how long)
- certainty (how sure are we the act will bring happiness)
- proximity (how soon will the happiness occur)
- fecundity (probability that further happiness will follow from this act)
- purity (probability that the act will not be followed by negative emotions)
- extent (how many people will be affected)
His written works were meant to establish a complete code of law, based on the utility principle and the calculus of felicity. He recognised that creating and enforcing unnecessary laws and punishments could lead to more dangerous acts than the initial ones, and he called upon legislators to measure the pleasures and pains associated with laws and punishments, in order to create a penal code that ensures the greatest good for the greatest number.
He also recognised that an individual pursuing their own pleasure could lead to less pleasure for the whole society, and therefore suggested that the legislation of society at large is vital to maintain the principle of utility.