Bentham Utilitarian Legislative Principles

This dissertation analyzes the principles of legislation onBentham's utilitarianism, taking the utilitarianism theory of Bentham asthe foundation, Which takes his research method and contribution in thelegislation principle as the key spot.Bentham argued that virtually all humans seek to maximize their"happiness",defined as the surplus of pleasures over pains. He alsoposited that all human actions arise from the hedoniccalculus. Altruism, asceticism, love, duty, a desire for freedom,obedience to the law, faith, are reducible to individual pleasure and paincalculations. By applying his utility hypothesis so widely, Benthammade it empirically unverifiable. No piece of evidence couldconceivably be brought up to disprove it.To begin with, Bentham's moral philosophy reflects what he callsat different times "the greatest happiness principle" or "the principle ofutility"--a term which he borrows from Hume. In adverting to thisprinciple, however, he was not referring to just the usefulness of thingsor actions, but to the extent to which these things or actions promote thegeneral happiness. Specifically, then, what is morally obligatory is thatwhich produces the greatest amount of happiness for the greatestnumber of people, happiness being determined by reference to thepresence of pleasure and the absence of pain.Bentham is primarily known today for his moral philosophy,especially his principle of utilitarianism which evaluates actions basedupon their consequences, in particular the overall happiness created foreveryone affected by the action. He maintained that putting thisprinciple into consistent practice would provide justification for social,political, and legal institutions.Bentham's analytical and empirical method is especially obviouswhen one looks at some of his main criticisms of the law and of moraland political discourse in general. His principal target was the presence of "fictions"--in particular, legal fictions. On his view, to consider anypart or aspect of a thing in abstraction from that thing is to run the riskof confusion or to cause positive deceit.This dissertation is originated from Bentham's utilitarianismlegislation principle. The dissertation will introduce the origin ofBentham's utilitarianism thought in the first chapters; Then it willanalyze the hedonic calculation on Bentham's happy creed in secondchapter; Then take thorough analysis to the application of Bentham'sutilitarianism principles of legislation in the mission and purpose inthird chapters and fourth chapters; In fifth chapters, the dissertation willcarry out analysis in three aspects, then revealing Bentham's effort onscientification and mathematic-rization of legislation; Finally, thedissertation will comment on Bentham's contribution simply, pointingout his theory basis on utilitarianism principles of legislation which isbased on the hypothesis of rationalism and the individualism, and arguethat Bentham realized unsuccessfully the legislation scientification andmathematic-rization, but his trial of planning human being life throughscientific legislation brought about deep effect for development of law.