Jeremy Bentham (1748-1832) was an English philosopher, jurist, and social reformer who is primarily known for his development of utilitarianism, a theory of ethics. His thinking greatly influenced the field of law, which he viewed through a utilitarian lens.
Bentham’s Utilitarian Approach
Bentham’s philosophy of law is intrinsically tied to his utilitarian approach, which contends that the best action is the one that maximizes overall “happiness”. Bentham proposed that law, as a human invention, should be designed to promote the greatest good for the greatest number of people.
He argued that laws should be created and evaluated based on their utility, or the extent to which they promote pleasure and minimize pain. In this context, ‘pleasure’ and ‘pain’ are not merely physical sensations but refer to benefits and harms in a broader sense.
Law as an Instrument of Social Change
Bentham saw law as a potent instrument of social change. He believed in the capacity of law to shape society and mould it towards achieving the utilitarian goal of the greatest happiness for the greatest number. To this end, he advocated for legal reform and the codification of laws to increase their clarity, predictability, and utility.
Bentham is perhaps best known for his critique of the common law system, which he found to be disorderly, inconsistent, and inefficient. He proposed that laws should be written and structured in a way that people could understand and apply them uniformly.
The Principle of Utility
Central to Bentham’s legal theory is the Principle of Utility, which states that actions are right insofar as they promote happiness and wrong insofar as they produce the reverse of happiness. Applied to law, this principle suggests that laws should be crafted and assessed based on their ability to maximize overall societal happiness.
Bentham developed a method called ‘felicific calculus’ to calculate the utility of an action or a law. This method considers factors such as intensity, duration, certainty, and proximity of pleasure or pain, along with its potential to lead to further pleasure or pain.
However, Bentham’s focus on utility faced criticism for potentially undermining individual rights and justice. Critics argue that the utilitarian approach could justify actions that infringe upon individual rights if they result in greater overall happiness.
Despite these criticisms, Bentham’s influence on legal theory and practice remains significant. His utilitarian approach to law continues to shape legal thought, particularly in areas like law and economics, legal positivism, and penal reform. His vision of law as an instrument of social change continues to inspire legal reform movements across the globe.