On Bentham's Utilitarianism Legislation Theory

Great changes took place in the area of social and economical structure in 19th century'Western Europe. Jeremy Bentham learned that the happiness is good and the sadness is bad from the precedents, and developed it into utilitarianism later influencing Western Europe, later the whole world. Bentham focused on jurisprudence; he was thinking how to get the good by the legal means all his life. In his opinion, when the man pursuits happiness, the function of law is that to protect one to get the most happiness, but this pursuit should not interfere others's pursuits. And only by this way, we can reach"the most number, the most happiness". Bentham's utilitarianism attracted many thinkers, in his time and the later. Mill, Jhering, even Marx'theory has something to do with utilitarianism. And as a great thinker, Bentham persisted utilitarianism in the whole life and set up a good model to the world.Bentham'thought of utilitarianism was temperate radicalism at that time; this characteristic can be clearly seen in his legislation theory especially in its social welfare legislation. This article will explain and induce Bentham'utilitarianism from the time background, the theory origin and the development, the utilitarianism thought and its the method, focusing on Bentham'utilitarianism legislation thought and the social welfare legislation theory. The aim is to find how Bentham implemented his thoughts in the legislation domain to seek"the most number, the most happiness".Under the present China's concrete circumstances, with multiplication of benefits and obvious tendency of colony, how to make more people feel happy is a serious question we must deal with. In the situation of rule of law, how to construct a legal system to protect more people to have the chance to get more happiness are serious questions. Bentham'utilirianism, the writer thinks, may be helpful for us to solve these questions. As Bentham confirmed, from the basic human nature, the theory encourages the people to pursue happiness by the legal method and protects their work achievement; In order to coordinate the conflict which possibly causes, the theory forbids behavior which harms others to benefit themselves; Stabilizing and protecting heart of the people natural affection for the society, letting every people enjoy the stable, harmonious, the benevolence, and filling the trust to the future joyfully, far away from injury which will despair, is unfair selfishly, the forceful social security system should be established, will not they be precisely the goal which we will pursue? And, the research on Bentham's value does not stop here; his kind heart and the spirit of learning can teach us more!...