The Explore And Analyse Of The Bentham's Legislative Ethics Thought

Jeremy Bentham(1748-1832) is a late 18th century early 19th century,the famous English philosophers,jurists and economists.Lifetime commitment to law reform,Bentham's legislative theory and their theory of social and personal well-being closely integrated with a wide range of sources and theoretical basic idea.At that time,the industrial bourgeoisie growing,the economy has been on the status of an advantage.But in politics,is still in the right to status.Legal ambiguities and vague,has seriously hindered the development of the industrial bourgeoisie.Reformists and conservatives heated debate,set off a vigorous exercise radicalism.At the same time,the continuous development of science and technology,scholars will be a lot of natural science methods applied to the humanities.Bentham's legislative theory is that at such a great background emerged.Bentham succession at critical theory of Montesquieu and Beccaria legislation on the basis of the inherited Bacon,Hobbes,Locke,Helvetius,Hatch's,Hume,Smith thought,such as a large number of thinkers,set up its own theoretical system.Bentham's concept of good and evil,utilitarianism theory and critique of natural law set up the theoretical system of Bentham three theoretical preparation.Bentham would be evil and good,and it is divided into three levels,defined the law should be prohibited.Utilitarian principles of Bentham put as part of its legal and moral theory.Thinkers in the past,we can derived the theory of small, Bentham on natural law critical legislation to build its own theory.On this basis,from an ethical point of view of Bentham's legislative theory analysis, theory of Bentham legislative principle involved in the legislative,the legislative framework, legislative process and legislation in four areas of technical and other relevant content,to do the ethical stock.Legislative principle of legislative intent,the legislation guiding ideology have had a profound ethical connotations.Benthan consider legislation aimed at the achievement of personal well-being and happiness,unity and private ethics.Utilitarian principles and protection of private property are the guiding principles for legislation,their purpose is to finally achieve the greatest happiness of the majority of people.Legislative system was impacted by the ethics,with ethical spirit.Bentham's lifetime commitment to law reform,Bentham should consider legislative system in order to achieve personal happiness and well-being as the core,set up the court of public opinion,a reasonable deal with the moral law binding.Ethics-oriented society to affect the spirit of the law,the application what kind of legislative process and the affected.Bentham advocated the establishment of the "natural process",an increase of the main procedures involved in improving the quality of the people,an increase of civic and moral culture of supervision proceedings.Legislation aims to put technology to better express the spirit of the law out of the ethical spirit of the spirit of the law embodied in the Medium.Bentham advocated legislative technology are four conditions required for its ethical spirit,and indeed ought to be at Ran on the real likelihood that legal status,using empirical methods to establish its legal system,most realize the greatest majority of people happy.Happiness is a measure of the effect of actions and suffering the sole criterion for the use of moral calculus Benthan calculation to the law restricting the behavior to be made to measureThe first,Bentham based on a utilitarian theory of the past,the moral value judgments, set up its own theoretical starting point.Utilitarian principle will run through to its radical ideology throughout the entire process.Bentham adopted the moral calculus and exact calculation of the value of pleasure and pain as his theory of argumentation method,which makes the legislative ethics Bentham showed its own characteristics.Bentham is the founder of utilitarianism,but also empirical analysis of the pioneers of Law,in the history of Western legal thought and ethical thought have had an important position in the history. Bentham's legislative ethics was part of the radical trend of thought for us in the legislative process in the rational allocation of benefits and correctly handle the relationship between legislation and ethics is of great inspiration.Of course,because of Bentham's class position and philosophical foundation of defects,its legislative ethical constraints exist,there is still something a lot of contradictory theories.Benthamlegislation contains two aspects of ethics, the law of our creation process,the rational and the legislature deal with basic ethical principles,moral and legal recognition as well as the necessary moral constraints and the relationship between law enforcement has a major inspiration.