Tuesday, April 19, 2022

Jeremy Bentham - complete political thought , life , times , utility theory , theory of law, pleasure vs pain and greatest happiness principle

 Jeremy Bentham -


Bentham, the intellectual leader of English utilitarianism, who controlled the English political thought for 100 years was born in London on February 15, 1748.

Benthams parents saw in their child the markings of an intellectual genius .

When other children of his age spent their time in playing games, he read books. He started reading at the age of three.

He was admitted in queens College, Oxford where he matriculated at age of 13 and graduated at 15.



His early life was quite uneventful.

Since his father and grandfather were successful lawyers and built up a big fortune through their vast practice, young bentham entered Lincoln’s inn after his graduation in 1763.

Bentham was not interested to earn his livelihood through practice of law.

Bentham’s interest were in economics, logic, psychology, politics and ethics.

Throughout, his life Bentham advocated reforms of the legal system . he thought this department had become irrelevant and failed to meet the demands of an industrialized society.

However , he’s best known for his doctrine of utilitarianism.


Major works -


Fragment of government- 1776
Defence of usury – 1787
Introduction to the principles of morals and legislation- 1789
Essays on political tactics – 1791
Discourse on civil and penal legislation- 1802
A theory of punishment and rewards – 1811
A treatise on judicial evidence – 1813
The book of fallacies- 1824
Radicalism not dangerous- 1819
Church of englandism- 1818
Chrestomathia- 1816 


His ‘fragment of government’ Constituted a thorough analysis of and attack on the conservative principles of Blackstone.

‘Fragment’ was produced as an annihilating criticism of Blackstone.

In defence of usury he defended the lending of money at interest.


MAIN POLITICAL IDEAS OF BENTHAM -


Base of bentham’s ethical theory – 


“Nature has placed mankind under the governance of two sovereign masters , pain and pleasure. It is for them to alone point out what we ought to do , as well as to determine what we shall do .

Concept of utility-

“ by the principle of utility is meant that the principal which approves or disapproves of every action whatsoever, according to tendency which it as appears to have augment or diminished the happiness of the party whose interest is in question”

The principle of utility states that action and behaviors are right in so far as they promote happiness or pleasure, wrong as they tend to produce unhappiness or pain.

By utility is meant that property to any object, whereby it tends to produce benefits, advantages, pleasure, good or happiness.


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His clear dictum is – 

. Each and every government while formulating any policy or taking any decision or implementing any action regarding the management of state must remember that whether or to what extent that policy or action or principle is capable of maximizing comfort or pleasure of people.


The comfort or pleasure of people is of primary importance for every government.

Bentham said-

                it is in vain to talk of the interest of community, without understanding what the interest of the individual.


What Bentham emphasizes is that it would be unwise and undesirable to adopt any policy that will not be able to complete the interest of general public or will not be able to avoid being an augment quantity of pleasure.

In a word – the avoidance of pain and attainment of pleasure shall be the guiding principle of any government policy.


In every Sphere of life and in every action man’s sole guide is the calculation of pain and pleasure.



FELICIFIC CALCULUS- MEASURING UTILITY 


The highest principle of morality is to maximize happiness, the overall balance of pleasure over pain.

In considering whether an action is good we must consider how much pleasure it would produce along seven dimensions –

1) intensity

2) duration

3) certainty or uncertainty

4) propinquity or remoteness

5) fecundity

6) purity

7) extent.

Men obey laws because, The problem mischief of obedience are less than probable mischiefs of disobedience.


THE PLEASURE VS PAIN THEORY- 


Pleasure versus pain is the mainspring of all human actions.

According to Bentham , an act is right if it produces happiness ( surplus of pleasure over pain ) and wrong if it produces unhappiness ( surplus of pain over pleasure) .

It means that the moral worth of an act is to be measured by its usefulness in promoting pleasure and not by its inherent quality.

There are generally four sources of pleasure and pain which are distinguishable from each other- 

1) physical

2) moral

3) religious

4) political 


An important part of bentham’s theory of pleasure and pain consists of calculation or what may be called measurement.

If pain and pleasure cannot be measured, it would not be an easy task for individual to take decision or arrive at conclusion.

The diffusion of pleasure and avoidance of pain are only ends which are more listed and legislator should always have in view. 


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The principal of greatest happiness- 


‘The object of legislation of state is to promote and secure the greatest happiness of greatest number.’

According to Bentham state is evidently fictitious.

The greatest happiness principle means that the real significance of a law or an institution must be judged in terms of what it does to specific individuals.

The worth of law And government must be in their effects upon the lives of actual men and women.


For him , quantity of pleasure is important – push pin is as good as poetry.


the theory of law and reforms - 


Since Bentham was a man of Jurisprudence and had special attachment to it, it is quite natural that legislation will receive added significance in his political writings .
The theory of law is its consequence.
Individuals obligation to the law is to be determined by its capacity to satisfy the utility. So the law is to be enacted in such a way as to fulfill this basic demand. Naturally the person who takes the leading part in enactment of law must know the requirement of people.
In bentham’s society the legislator had very crucial part to play.
Bentham rejected the social contract theory of government as  nonsense .

According to him men obey laws of government because, “ the probable mischiefs of obedience are less than the probable mischiefs of resistance.”


He said , “ there is no right which when the abolition of it is advantageous society shouldnot be abolished.”

He criticized existing laws and method of executing them.

Most of the law reforms since Bentham’’s days can be traced to his influence.

Justice in fact, in England, in Bentham’s Day was Not done But it could be purchased and could be purchased by those who could pay the highest price for it.

Bentham also condemned delay and denial of justice on part of judges.

Law , he insisted was not a mystic mandate of reason or nature, but simply the command of that authority to which the members of community render habitual obedience.


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