Study On Bentham's Utilitarianism Legislative Thought

Bentham's utilitarian legislative thought was formed in England from the end of the 18 th century to the beginning of the 19 th century.This theory,through its unique way of thinking and evaluation criteria,became a new direction of British legislation at that time,and had a wide and profound impact in the world.Many countries used this theory for reference in their own legislative thoughts.At that time,because the first industrial revolution promoted the rapid development of productive forces,emerging capitalism sprang up like bamboo shoots in every corner of the British land,and the backward slavery production mode obviously could not conform to the trend of social development.Moreover,the classical natural law school with the supremacy of state power as its core is facing the decline of new production relations,but the legal thought with individualism as its core stands out and is more and more favored by people.Bentham's thought of utilitarian legislation came into being under the influence of this social background and ideological theory.Happiness,materialism and utilitarianism are the theoretical basis of Bentham's thought.He believes that avoiding hardship and seeking happiness is the greatest goal that every individual pursues,and the ultimate significance of life struggle is to practice their own interests and needs,and to obtain happiness.The only criterion for evaluating the good and evil of an action should be the result.The results of individual actions make people feel "pain",that is,evil;on the contrary,good.On the other hand,society is an organization made up of many individuals.To satisfy the "greatest happiness" of the "greatest majority" of individuals is to realize the happiness of the social community,that is,the good with social utilitarianism.Law is the most direct product of legislative activities.To achieve the legislative purpose of the happiness of the majority of the people can push the whole society forward steadily.It has to be said that Bentham's legislative thought successfully promoted the political construction of capitalism at that time and changed the way of European legislative activities.Even so,there are many unscientific points in his view,and there are some shortcomings.A series of problems,such as paying too much attention to utilitarianism,emphasizing practical effects over behavioral motivation and neglecting the rational distribution of interests,are the key issues we should recognize now.An in-depth analysis of Bentham's legislative thoughts will be helpful to the reform of our present legal system.Especially in this aspect of legislation,we should actively study and take the protection of the fundamental interests of the majority of the people as the focus of legislation.Moreover,learn to use Bentham's utilitarian legislative ideas to test the existing laws,remove the inappropriate part of social development,and improve the defective part.People-oriented,in the people's development needs to experience the power of law creation and reform,and constantly improve the construction of our legal system in the process of reference and innovation.