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On The View Of Bentham's Utilitarian Death Penalty

Posted on:2019-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LiFull Text:PDF
GTID:2416330545950770Subject:Science of Law
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As the founder of the theory of utilitarianism and the pioneer of modern legal reform in Britain,Bentham's utilitarianism has left a great legacy in the ideologic al history.Bentham's death penalty is based on utilitarianism.Bentham study the death penalty from a utilitarian point of view,provides a new research method for us.Utilitarianism evaluates any action according to the tendency to promote or reduce happiness.For the death penalty,whether it promotes happiness is calculated by comparison,the object of comparison is the feeling of bitterness.Through the integration of rational calculation and experience,Bentham provided a way for the death penalty legislation and judicature,and form a complete view of utilitarianism.Bentham's view of death penalty has unique background and theoretical background.After the industrial revolution,The economy of British developed rapidly,and the enlightenment further liberated the mind.At the same time,the cruel death penalty system is still applied in Britain.The contradiction between system and society laid the foundation for Bentham to abolish the death penalty.Bentham's view of death penalty was based on the sages.The rational thought of ancient Greece? Epicurus' hedonistic philosophy ? Hume's theory of human nature ? Helvetius' materialism philosophy and the abolition of Beccaria's death penalty provides the ideological basis for this view.Bentham examines the classification and characteristics of capital punishment in detail and analyze the purpose of punishment.The application of the death penalty cannot achieve the goal of “the greatest happiness of the greatest majority”.By discussing the bittersweet feelings of death penalty,Bentham believes that the application of death penalty is more harmful than profit,so it is feasible to abolish the death penalty.This view greatly promoted the reform of the death penalty in Britain,and provides a theoretical basis for the death penalty reform in the United States.There are many problems in the current death penalty system in China,the application of utilitarianism can inject new sources of death penalty legislation and judicial reform for us.
Keywords/Search Tags:Bentham, Utilitarian Death Penalty, The Reform of Death Penalty
PDF Full Text Request
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