The Theory Of Sovereignty Under The Control Of The Utilitarian

In the history of western legal thought ,the utilitarianism law which is represented by Jeremy Bentham is not only have the important academic value but also have important practical impact ,both of them are very important.But the current study of Bentham's thought are most concentrating in utilitarianism itself, and the research of Bentham's sovereignty theory ,which is constructed on the utilitarianism , is very inadequate . This idea embodied in the "A Fragment on Government" .For a long time, this book was seen as Jeremy Bentham's tedious criticism which is on the Blackstone's "Commentaries on the Laws of England". But in fact, Bentham's sovereignty theory establish on the critcism of Blackstone,and he finally proposed a unique theory of sovereignty - utilitarianism sovereignty. Therefore, this article will find out the utilitarianism sovereignty in the "A Fragment on Government" and will analyze and systemic clarify the states .Afer all,I hope to improve Bentham's utilitarianism thinking.In the "A Fragment on Government", Jeremy Bentham used utilitarianism as a new tool to study the theory of sovereignty, and ha abandoned the preform study of sovereignty used the of the old theory tools ---- the social contract theory and the concept of natural rights. At the same time, when Bentham problems arising in the discussion of sovereignty, he firstly put the community into the natural society and political society, the key distinction between the two society is subject to customary appear. The foundation of the obedience theory is the utilitarianism thinking. People determine whether or not to obey under weighing the benefits of obedience and the penalties caused by measurement of disobedience. Sovereign's power derived from the habit of obedience, but the question about what the extently time when the emergence of the sovereignty Is always a fan,and Bentham did not give a clear answer.Maybe the reason is subject to customary theory itself.When exploring the boundaries of the exercise of sovereignty issues, Bentham divide the sovereignty into two different part---- internal sovereignty and external sovereignty.These tow part are different on the sovereignty's boundaries. Internal sovereignty is formed in a country,which is between the ruler and the ruled, while external sovereignty is found between a number of different sovereign states. Bentham clearly pointed out that "internal sovereignty" does not exist limitations,and external sovereignty have some limitations ,which is from the contracts that formed in several different sovereign states.And finally Bentham proved the question that is the expression of the sovereignty.Although in "A Fragment on Government" Bentham laugh at Blackstone's division of sovereignty. However, in this book, Bentham did not propose new ideas about how to reform the British system of government . Perhaps his real concerning is not on Manifestation of sovereignty.His focus is on who will control the sovereignty, and such a sovereign could whether seek the greatest happiness for the most majority people.In the "A Fragment on Government" ,Jeremy Bentham perfectly merge the utilitarianism thinking and the sovereignty doctrine together. From another angle ,the doctrine of sovereignty, which Bentham built on the utilitarianism is the portrayal of pursuiting the utilitarianism ideals.Through the establishment of sovereign authority and the legislative reform, seeking the greatest happiness for the most majority people can achieve ,and this can be seen as the a summary of Bentham's life trajectory ideas.