Legislation Based On Utilitarian Philosophy: A Study Of Bentham's Legal Theory

Jeremy Bentham considered that the principle of utilitarian governs all things in the world, he vigorously proposed codification in order that judicial judgments can obey strict rules. He believed that the principle of utilitarian is comprehended by everyone and as the ultimate motives to dominate human’s behaviors. So, the principle of utilitarian is the primary theorem of moral philosophy, it can apply to reform the society, the most important reforming in society is committed to project of legislation science based on the principle of utilitarian.This article focuses on the general principles of laws and utilitarian in Jeremy Bentham’s works.The first chapter inspects Bentham’s criticism to the theory of common law,which comes out Bentham’s theory of legislation. The second chapter analyzes the closely relationship between Bentham’s advocated legislation theory and his utilitarian philosophy. Chapter III further study his general legal theory and legislative science.Chapters IV and V, analysis Bentham’s theory of criminal sanctions and civil legislation based on his utilitarian philosophy, respectively from the perspective of criminal law and civil law. The conclusion makes a brief review of Bentham’s utilitarian philosophy and the theory of his legislative science.In the current era of codification and laws not in codification coexisted in China,the civil code compiled again put on the agenda in 2015.It still has some theoretical and practical issues worth to discuss about the civil code compiled. In the background of this reality, this article intends to study and analyze Bentham’s legislative theory,and excavates the deep basis of philosophy of this theory on the basis of daily reading and thinking, and expects for the benefit of China’s legal and legislative practice, especially the civil code compiled.