The Research On Utilitarian Legislation

Jeremy Bentham who lived in the late 18 century of England is the founder of the utilitarian legislation, as an important theory in the world, utilitarianism has its profound theoretic and realistic foundation. Utilitarianism was the logic development of hedonism of ancient Greek,modern Britain experientialism and French materialism of the 18th century.Thorough the study of the historical background and origin of Bentham's Utilitarianism ,this article pointed out that it was the necessary product of British industrial revolution and reform age at the cross of the 18th and 19th centuries.On this basis,the article also has analysed the main content in particular from this several aspect: human nature and utilitarianism , utilitarianism and law , partition and calculate utilitarianism,the thought of compile law.This article also sum up the historic influence at a macroscopic angle of this theory. This paper pointed out that the utilitarian legislation has pushed forward development of capitalistic economy ,and boosted west legislation thought going a step of further developing.At last,this article has given a brief opinion of the limitation of the utilitarian legislation of Jeremy .This paper suggested that this theory has four defects:only emphasize the utilitarianism , only emphasize the result , not considering benefit distributes , the simplicity society benefit is only equal to individual benefit added together.This paper was advocated advocating the utilitarianism legislation on the basis of overcome its theory shortcoming, and hoped that the socialist legal system of our country can continue to do effort in the field of developing the economy , protecting individual benefit , ensuring the weak right and so on.