Analysis Of Bentham Utilitarianism Legislation Theory

Bentham utilitarianism legislation view produced in the second half of the18century, pointed out the direction for the legislation activities by unique view andevaluation standard and brought great influence in legislation practice activities for allcountries in the world. In social production mode and economic development, afterthe western industrial revolution, free-capitalism obtained a quick development andslavery production patterns have not adapted to the development of all social careers.From the point of view of legal theory, facing with new relations of production,classical natural law school with supreme in power began to decline, by the contrary,individualism legal thoughts separated from the classic natural law school and formedgradually a kind of popular trend. Basing on the happiness of Epicurus school,materialist of Helvetius and utilitarianism of Beccaria, Bentham finally put forwardthe legislation view------"the most people’s biggest happiness".Bentham thought people’s all activities pursued happiness to avoid suffering.During the process, people tried to avoid all negative happiness and he also thoughtthe standard of good and evil was in the biggest value of joy from behavior not inbehavior’s motives and means. Once behavior brought us with the biggest value, thegood has a performance, instead of being evil performance. Society with individualconstitute of collective organization also set the good in "the most people’s biggesthappiness". As a mean of social control, the standard also had a huge impact for lawduring the operation of the society’s pursuit of value and formulation process.Although, legislation view of Bentham utilitarianism always plays the role ofpush on the western legislation theory, legal system establishment and perfect, itexists great limitations., which are in simplification of personal behavior evaluationstandard, the simple equal between social interests and personal interests, the neglectof interest distribution with rationality and the too much emphasis on the outcomefacing with the ignore of behavior subjective motives, which we can not avoid today.To have detailed think for Bentham utilitarianism is very important to ourcountry’s construction of law and legislation practice. In advocating and establishingidea of rule and law with the people-oriented society, we should learn the reasonablecomponents and put away limitations, which is helpful to establish a improved systemof rule and form a perfect idea of rule.