Research On Bentham's Utilitarianism

With the rapid development of science and technology and the deepening reform,our society is changing rapidly,and new situations and new problems are emerging.Especially when our party practices the "rule of law country" today,how to carry out the legislation and how to carry out the legal reform is worth studying.As a great jurist,Bentham put forward the great theory of utilitarianism more than 200 years ago.Although time flies,many social conditions are different from the past,but human nature has not changed.The utilitarianism based on human nature still has epoch-making significance in today's market economy.This article has combed Bentham's era background of utilitarianism,including social and economic background and legal background,traced the origin of his thought,and thinks that Bentham's utilitarianism is developed on the basis of criticizing and inheriting Hume and AI maintenance and so on.It is also integrated into the characteristics of the great development of science.Calculate the quantitative measure of utility.On the premise of the in-depth study of Bentham's utilitarian legislative thought,the author believes that the essence of his legislative thought lies in the profound revelation of the nature of human nature and law,and that the legislative thought of utilitarianism should be carried out in the reform of the legislation and the legal system.According to the current situation of China's legislation,this article holds that Bentham's utilitarian legislative thought has at least four enlightenments to us: first,legislation should aim at the greatest happiness of the most people,which is the core and of course of Bentham's utilitarian legislative thought;second,the reform of the legal system is the realization of the principle of utilitarian principles.It is necessary to make full use of utilitarianism as the value of evaluation standards,constantly examine the existing laws and abolish old laws that do not conform to social trends through legal reform.Third,the concept of people-oriented should be carried out in both legislative and legal reform work,which is both Bentham's utilitarian legislative thought.The starting point is also the foothold of Bentham's utilitarian legislative thoughts;fourth,to improve the scientific nature of the legislation and to give full play to the legal value of the law for the social management and the benefit of the citizens.Now Bentham's research continues to deepen,as Bentham's large number of manuscripts continue to be collated and open,Bentham's utilitarian legislative ideas will be constantly improved,and will give more inspiration to our legislative work.