The Study Of Bentham Utilitarian Penalty

Jeremy Bentham is the founder of the utilitarianism of law, is also utilitarianism ethics, known as the pioneer and leader of the British modern legal reform.His greatest contribution to the legal world is presents the“the goodness of the mass” principle of utility.These thoughts got fully embodied in the theory of his penalty. In his masterpiecebook ofAn Introduction to the Principles of Morals and Legislation, Bentham systematically uses the principle of utilitarianismmaking a detailed analysis to the criminal legislation include problems of crime and penalty. As for him, the penalty purpose is a combination of general prevention and special prevention. The principle of suiting punishment should be proportionality, make crime punishment is greater than the pain for pleasure, and just reached the amount of punishment’using. Using the utilitarian on the application of the death penalty issue, he thinks should abolish the death penalty.On the basis of the utilitarian study, have a deep understanding to Bentham utilitarian penalty, especially Bentham utilitarian penalty on the predecessors’ achievements how to inheritance and formingprocess, helpenrich study the Bentham utilitarianism,help to clarify utilitarian penaltytheory andretribution penalty relations.In practice, it can guide the modern penalty legislation.Firstly, “the goodness of the mass” for the establishment of our penalty legislationprovides a reference.Secondly, accurately understand and grasp the essence view of utilitarian penalty, can work for our country judicial personnel the direction in penalty discretion. At the last, Bentham’s panopticonthought provides enlightenment in penalty execution reform.This article begins with define the concept of utilitarian, the connotation of utilitarianism notions and utilitarianism notions’ transformation. Elaborating the main content of Bentham’s utilitarianism view of penalty, itincludesthe justification of punishment, penalty purpose, the principle of suiting punishment and about the death penalty. Under the precondition of Bentham’s utilitarianism view of penalty, we with an eye to Bentham enlightenment age atmosphere and the gradually rise of capitalism in the social environment. Analyzed why Bentham put forward utilitarianism, and usingthe utilitarianism to the penalty theory. We see that Benthambenefit most from Beccaria’s On Crime and Punishment on the penalty theory, based on this, comparing Bentham’s utilitarianism view of penalty and Beccaria’s utilitarianism view of penalty. We come to a conclusion that Bentham’s utilitarianism view of penalty is more systematic and proof. Any kind of theory, there are some defects, there is no exception to utilitarianism. Bentham’s utilitarianism view of penalty is based on utilitarianism inevitable have some defects. The kind of penalty probably punished no crime, the penalty may be needed for the crackdowncrime and have to increase the intensity of criminal punishment, it may be caused abuseof penalty. The kind of penalty also easierbecome to criminal tools, rather than itself should be purpose.To make up forthese natural defects, it needs to join the retribution doctrine of penalty, combining the twodoctrine of penalty to rationality. Utilitarian punishmenthas advantages and disadvantages, Bentham’s utilitarianism view of penalty have an effect onour country’s legislation guiding,penalty discretion and execution.