Research On Legislation View Of Bentham Utilitarianism

As an important theory,utilitarianism has a profound theoretical basis and practical significance.In the latter half of 18 th century,the famous jurisprudent,utilitarian philosopher and social reformer of the UK,Bentham established the utilitarian legislative view,as an important theory that was influential all over the world;it pointed direction for the legal reform movement of the UK in 19 th century and also provided corresponding reference experience for the legal practical activities of other countries in the world by virtue of its unique viewing angle and judgment criteria.However In terms of the theory itself,Bentham's utilitarian legislative concept still had certain limit.Focusing on this issue,in this article,it starts from the ideological origin of Bentham's utilitarian legislative concept so as to analyze its theoretical basis from the aspects such as ideological basic,technical support and etc,and make objective comments on its value and limit,and put forward several enlightenments about the legislative activities of China in the end in combination with its existing value and limit.This article is divided into five parts.First of all,in this article it explains the background and significance of the author's selection of theme as well as the domestic and foreign research status and research ideas and methods.Secondly,in combination with the historical background where Bentham's utilitarian legislative concept generated,it starts from the point of view such as the ancient Greek Hedonism,Bacon's “Benefits for All”,French Materialist philosophy as well as Beccaria's utilitarian thoughts to make systematic and elaboration about the ideological origin of Bentham's utilitarian legislative view.Thirdly,it makes respective expositions about the three points of view including “the avoiding bitterness and pursing happiness” of human nature,good and evil standard of classification for utilitarianism as well as the greatest happiness starting from personal,social and legislative point of view of the ideology and content of Bentham's utilitarian legislative view.What's more,it carries out deepening analysis and exploration in terms of its moral calculus quantifying the value of happiness and sorrow as well as realizing the reform of legal form by code compilation.It focuses on explaining the ideological basis and technical support of Bentham's utilitarian legislative view,and afterwards explores by analyzing the people-oriented guidance of utilitarianism as well as the science of legislative technology.It also carries out deep-seated analysis on the existing limit of the Bentham's utilitarianism,which is to say,rights and interests of the weak give way to the greatest happiness of the majority,fairness and justice are subordinate to the benefit value as well as the legislators' self-interest resulted from egomaniacs.At last,it puts forwards several corresponding enlightenments in combination with the value and limit of Bentham's utilitarian legislative view,including the implementation of people-oriented legislative view,perfection of the shortcomings of legislative technology,attention to take care of the rights and interests of the weak,straightening the principal value position of fairness and justice as well as strengthening the legislators' concept of public interest.