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Commented [s1]:

Jeremy Bentham

Shania Butt

CLN4U1

Thursday March 21, 2019

A leading theorist in Anglo-American philosophy of law and one of the founders of

utilitarianism, Jeremy Bentham was born in London, England on February 15, 1748 (Internet
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Encyclopedia of Philosophy). Bentham’s father was a lawyer and since he was the age of Commented [s2]: Correct it

four, he had been studying Latin, even going as far as being awarded a title for verse in Greek

and Latin at Westminster School (Encyclopedia Britannica, 2019). By the year 1760,

Bentham had attended Queen’s College, Oxford for three years before graduating with a

Bachelor’s degree (Encyclopedia Britannica, 2019). Much to his father’s dismay, he preferred

to allocate his time pondering on a more theoretical side of law rather than studying already

established facts in written law (Basics of Philosophy, 2008). Although when 1769 came

around, he had undergone training as a lawyer at Lincoln’s Inn in London, Bentham had not

done any legal practice in the workplace as an attorney (Basics of Philosophy, 2008). His

legal and social refinements are based on an underlying moral principle that he titles

utilitarianism (Basics of Philosophy, 2008). Utilitarianism is a philosophy in which the

common good is taken into consideration, satisfying as much of a population as possible. In

1978, he published a book titled An Introduction to the Principles of Morals and Legislation

where he describes the concept of utility as “that property in any object whereby it tends to Commented [s3]: past

produce pleasure, good or happiness, or to prevent the happening of mischief, pain, evil or

unhappiness to the party whose interest is considered” (Encyclopedia Britannica, 2019). This

book is a prelude that outlines the basics of his classical utilitarian theory and penal law,

which is an entire body of law dedicated to the utility principle (Stanford Encyclopedia of

Philosophy, 2019). He set a goal of achievement for his life’s work to take civil, procedural,

and constitutional law into account of its philosophy (Stanford Encyclopedia of Philosophy,

2019). Bentham believes that mankind is segregated into two sovereign motives, pain and

pleasure, and that legislation should be formed upon retaining “the greatest happiness of the

greatest number” (Encyclopedia Britannica, 2019). This means that since punishments are to

cause some sort of suffering as a result of a wrong a person has done, it should be used

minimally as in only “so far as it promises to exclude some greater evil” (Encyclopedia
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Britannica, 2019). Bentham had made significant additions to various areas of law that are

still relevant today and thus makes him a renowned ideologist in modern philosophy Commented [s4]: make

(Stanford Encyclopedia of Philosophy, 2019). His positivist law theories of utilitarianism and

his greatest happiness principle were formulated for the overall betterment of society,

pleasing as many citizens of a country as possible (New World Encyclopedia™, 2018).

Bentham would agree with legalizing prostitution and gambling, but not possession of

drugs. Bentham’s philosophy runs astray from the traditions of his time that influenced the

law in England; he held a belief that the issues in England’s society and political matters were Commented [s5]: this seems more suitable for the thesis
statement

a result of an outdated legal system (New World Encyclopedia™, 2018). So this

demonstrates how he would rather not rely on customs, but what is morally acceptable and

brings justice to as many people as possible. Legalizing prostitution can do more good than

harm overall; it would very likely decrease the rate of sexual assault and trafficking of people

against their will, as well as lower the crime rate overall since it wouldn’t be against the law.

Humans naturally have certain yearnings to tend to and some may look into prostitutes to Commented [s6]: yearning

achieve the pleasure they seek. If there are no legal and consensual prostitutes, they would

have to find pleasure in immoral and illegal ways such as sexual assault or human trafficking

for prostitutes. Traditionally, prostitutes would be illegal because of how sacred a body is and

that it should not be sold off, but Bentham thinks outside of the box in terms of what is

traditionally acceptable; he looks at what is best for society as a whole. In one of his books,

he wrote, “divide it into two unequal parts, call one of them the majority, the other the

minority, lay out of the account the feelings of the minority, include in the account no

feelings but those of the majority, the result you will find is that to the aggregate stock of the

happiness of the community, loss, not profit, is the result of the operation” (Stanford

Encyclopedia of Philosophy, 2019). In that passage, Bentham is explaining how it is more Commented [s7]: too long sentence

important to consider what pleases the majority, not taking into account who is more
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important by wealth or anything of the sort, but the number of people that are satisfied by the

result of the operation. Now, onto gambling; there are many different types of gambling and

not all is harmful. For instance, scratch cards or lottery tickets do not necessarily destroy Commented [s8]: are

homes, but gambling at a casino does run a risk for those who are active participants.

Bentham would have gambling legalized, but with restrictions to control people from getting

dangerously addicted or perhaps more improved services for those who are addicted. There

are already people who gamble, despite what the law states. If gambling was not allowed,

some will still gamble illegally, hence inflating the crime rate, and it would be even more

problematic than if it were legalized, which goes against Bentham’s beliefs of an ideal legal

system. There should be only a very minimal, inevitable amount of issues resulting from a

law so that it is established for the greater good. Drugs, on the other hand, have no benefit to

the community whatsoever. People who are already addicts would possibly still carry on Commented [s9]: addicted

doing drugs against the law, but they would be punished for it. Unlike gambling, which is not Commented [s10]: using

entirely detrimental to society as it has an umbrella over many variations of the subject, there

are no beneficial drugs outside of medicine to those who require it in a prescription or are ill.

Prostitution and gambling have greater benefits to being decriminalized, unlike drugs.

A law that permits members of certain ethnic groups to be arrested and interrogated Commented [s11]: which?

without legal representation, would conflict Bentham’s views. Bentham does not agree with

the ideology of sacrificing a few to benefit the majority (New World Encyclopedia™, 2018).

This case clearly portrays that situation in which a small portion of the population must

suffer, in this case not even contributing at all to benefitting the majority. Utilitarianism is to

deliver the greatest amount of good to the most people, but to take away the rights of certain

people solely because of a particular ethnicity does not have any positive outcomes on either

the people of that ethnicity nor those of other ethnicities; it is unjust. Bentham’s description

of liberty is “freedom from restraint” and law is nothing more than an order of a sovereign’s
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will (New World Encyclopedia™, 2018). Just because the law states something is right or

wrong, does not automatically mean that the act is morally right or wrong. Laws are formed

by upper powers, such as governments, and may be biased because only a certain selection of Commented [s12]: section

people work in those sectors of high levels of authority. There is a lack of morality which

contradicts Bentham’s moral-based philosophy (Internet Encyclopedia of Philosophy). His

principle of utility assumes that “one man is worth just the same as another man” which

demonstrates his strong belief in equality (Internet Encyclopedia of Philosophy).

Bentham would agree with a law that permits euthanasia. Euthanasia is to painlessly

dispatch someone who is suffering, typically of ailing health, so that they will no longer be in Commented [s13]: singular

agony. Because of the fact that it is intended to reduce the suffering of an individual, this

would concur with Bentham’s philosophy. Even though the act of killing off a life is

considered immoral, the intention is in the right place, so the whole act is not entirely

immoral. Putting the end to an individual’s suffering will also put an end to that person’s

family from suffering as a result from seeing a loved one in pain. Euthanasia is normally Commented [s14]: not clear

done at the request of the patient and it would be cruel to keep them alive when they do not Commented [s15]: doest not go with the noun
Commented [s16]: same as above
wish to remain in this world at a “vegetated” state. There is no desirable outcome of this

person being alive when all they can do is suffer and have their family suffer as well. There Commented [s17]: is to

are more benefits to terminating this life than to allow it to aimlessly linger at the dispense of Commented [s18]: to terminate

the person and their loved ones so according to Bentham’s “felicific calculus,” there would Commented [s19]: new sentence

be more pain in keeping this person alive and it would be for the greater good to let them go

peacefully (Stanford Encyclopedia of Philosophy, 2019).

Bentham would be in favour of a law that would permit the government to take DNA

samples from all newborns in order to maintain a databank that could be used to match DNA

from a crime scene. Enacting a law like this would be more beneficial for society as a whole

rather than detrimental. If this practice could be done, then it would protect people from
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being falsely accused and help to locate the actual perpetrator of the crime. Some would

argue it is an invasion of privacy, but it really does no harm. A DNA sample is as simple as a

fingerprint, saliva, urine, or blood. His utility principle only wishes for pleasure that exceeds

pain. It takes into account what action would be for the betterment of society. Here, allowing

the government to collect DNA samples is for the purpose of protecting the individuals they

take it from. It is instilled with a good intention and no suffering whatsoever.

Bentham’s theory had kick started utilitarianism and his principle of utility or greatest

happiness principle was created for the purpose of improving society and overcoming Commented [s20]:
Commented [s21]: unclear
traditional customs that influenced the laws in those times when he lived. His goal was to

please as much of the population as possible, the majority, while also paying mind to the

minority. While catering to the pleasure of the bigger half, he also disagrees with having to

make the smaller half suffer in order to do so because every individual is important. Bentham

would be in agreeance with the legalization of prostitution, gambling, euthanasia, and a law Commented [s22]: ?

that would permit the government the right to gather DNA samples from newborns. On the

other hand, he would disagree with establishing laws to allow drugs and discrimination

towards people of certain ethnic groups. The laws he is in favour of are only ones that would

lead towards the betterment of society and please as much of the population as possible.

References:

Encyclopedia Britannica. (2019). Jeremy Bentham. Retrieved March 18, 2019, from
https://www.britannica.com/biography/Jeremy-Bentham

Internet Encyclopedia of Philosophy. (n.d.). Jeremy Bentham (1748-1832).

Retrieved March 18, 2019, from https://www.iep.utm.edu/bentham/

New World Encyclopedia™. (2018). Jeremy Bentham. Retrieved March 18, 2019, from
http://www.newworldencyclopedia.org/entry/Jeremy_Bentham

Stanford Encyclopedia of Philosophy. (2019). Jeremy Bentham.

Retrieved March 18, 2019, from https://plato.stanford.edu/entries/bentham/
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The Basics of Philosophy. (2008). Jeremy Bentham. Retrieved March 18, 2019, from
https://www.philosophybasics.com/philosophers_bentham.html

The Penguin Dictionary of Philosophy. (n.d.). Jeremy Bentham (1748-1842).

Retrieved March 18, 2019, from https://www.utilitarianism.com/bentham.htm