Jeremy Bentham Influenced by: John Locke, Thomas Hobbes, Adam Smith Influenced: John Stuart Mil . Era: 18° Century & Main kdeas: Utltarianism @ Books: The Principles of Morais and Legislation QUOTATION: RS oe a ‘The said truth is that itis the greatest happiness: ox Yroatost ‘number that is the measure of right and wrong N SSiatianism 1. myenonga eansn SD ves ete -Se a mvine rapes 3. Uilitarlanism is a form of Consequentialism (Consequences determine the Fightnessiwongness of an action), 4, Source of Legislation - General/Social Happiness Bentham also suggests that individuals would reasonably seek the general happiness ‘simply because the interests of others are inextricably bound up with their own, though. he recognized that this is something that is easy for individuals to ignore. Nevertheless, Bentham envisages a solution to this as well. Specifically, he proposes that making this identification of interests obvious and, when necessary, bringing diverse interests Notes by Muhammad Daud Saleemi (2" Position in Pakistan, CSS 2019) - 090668751415. Felicfic/Hedonic Calculus, tries Certainty N@ pa oo > Theory of Punishment linked with Utilitarianism 2 A theory of Distributive Justice w Oo 1. Quantification: Punishment has to provide a le quantity of pain in response to the varying quantities of mischief caused by oe 2. Offences must be classified solely. .asis of the harm perpetrated, and there must be an appropriate proportion ies and punishments. 3. Motive: At the root of Syria suggestions for punishment lies his treatment of an individual’s motivatiGmto act. Understanding what motivates the individual to offend is presented as th Oe ‘understanding how to prevent such offending 4. Bentham, lat punishment should be (Distribution of Pain, rather than Retribution) 5. Calculation of utility ‘© Punishment must be sufficient to secure its ends i.e. secure the extension of good and prevent the spread of evil. It ought to be able to prevent the offender from repeating the offence. Punishment must not be inflicted where it was ineffective, groundless, needless or unprofitable. According to Bentham, the only valid test of the adequacy of a punishment was its ability to secure public welfare. Notes by Muhammad Daud Salemi (2” Position in Pakistan, CSS 2019) - 03066875141Example: U! of Death Penalty * _Inhis essay “On Death Punishment”, the benefits and costs of the death penalty in ‘cases of murder are assessed in comparison with life imprisonment with hard labor. * Deterrence (if prisoners could be seen to be suffering, then the purpose of the punishment could be better fulfilled) * tis in-equable in its application, falling mainly on the shoulders of the poor * [tis a form of punishment that is irremissible in the face of jut ial error. Bentham’s Preferred Forms of Punishment: < * Imprisonment, especially Panoptic Imprisonment was preferred by Bent LO «The Panopticon is a typeof institutional buléing and a system of controfSptgned by the English philosopher and social theorist Jeremy Bentham in the late 1 pentury, without the inmates being able to tell whether or not they ar ‘watched. As the watchmen ‘cannot be seen, they need not be on duty at all times, * The scheme of the design is to allow all inmates of an institutio ‘observed by a watchman fh leaving the watching to the watched. This scheme effectively compels the inmates tf @pnstantly control their own behavior. * The community would be protected from eis criminals. * The inmates would be protected trap i treatment. Prisoners should be deprived only of liberty not health or life, * Prisoners were to be kept cléagrand their labor made productive and profitable, including the development\of skills that might be useful to them when released. (Rehabilitation) we Notes by Muhammad Daud Salemi (2" Position in Pakistan, CSS 2019) - 03066875141Criticism of Bentham 1. Criticism of Consequentialism > Deontology * Itwould be acceptable to torture one person if this would produce an amount of happiness in other people outweighing the unhappiness of the tortured individual. * Collateral Damage (Village Scenario during War) * Atom Bombs 2. Tyranny of the Majority > Suppression of Individual Choices C > 3. All pleasures are considered equal in character > + Demandngnes mast impracte:trvn enone wat they can to maximize uty, but to do so without any Cities say tht this combination of requirements leads to utilitarianism makin {sonable demands. The well- being of strangers counts just as much as that of frien ily or self. (This can also be considered a good point of Utilitarianism Le. its func fal commitment to Human Equality) & J tuart Mill Era: 19" Century oh Influenced by: Johepfstke, Jeremy Bentham, Adam Smith I} Rawls, Bertrand Russell, Karl Popper Influenced: Notable Idea’: Utilitarianism, Individual Laverty and Books: On Liberty, Utilitarianism The sole end for which mankind is warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. Notes by Muhammad Daud Salemi (2" Position in Pakistan, CSS 2019) - 03066875141Context: ‘+ Mill struggled with the idea of utilitarianism that he considered as too rhe id that it failed to capture or understand the "higher" pleasures. Thus, Mil's writings Should be understood as the product of a struggle to reconcile Utiitarianism with gpfnplexities that Bentham’s theory failed to acknowledge. However, Mill never ronan aan as a moral theory, and he continued to use Benthams framework @Laléasure fulfilment throughout his own writings. s > Mill's Contribution to Utilitarianism / Pleasure Palos ry: is his argument for the qualitative separation of ‘of happiness as equal, whereas Mill argues that intelectual and moral pl igher pleasures) are superior to more physical forms of pleasure (lower pleagucds)> When he says higher pleasures, he means the pleasures that acres higher a8 ted copoctcs ir humo such o soc! prespery woroas ower Hepes Would meen body or lmporary pleasures, "itis better ta Gey human being cisatisfied than a pig satisfied; better to de as SocratesgitQaisted than to lve asa foo sais” YMiil's major contribution to uti pleasures. Bentham treats all ©) ¥ ee argues that people who, for example, are noble or practice philosophy, benefit society more than those who engage in individualist practices for pleasure, which are lower forms of happiness. Hence higher forms of pleasure are more desirable because the utilitarian standard for judging an act is the happiness of society (greatest number of people) combined, not of the agent alone. (Resemblance with Plato??) Notes by Muhammad Daud Salemi (2 Position in Pakistan, CSS 2019) - 03066875141,On Liberty (Reconciling Tyranny of the Majority through Negative Liberty) ‘+ Milljustifies the value of liberty through a farian approach. His essay tries to show the positive effects of liberty on all people and on societ ‘whole. In particular, Mil inks liberty to the ability to progress and to avoid so stagnation. According to Mil since “higher” forms of happiness are m is necessary to provide the favorable social conditions (rejection of, paternalism) for the availability of knowledge and development ‘of human beings so they can achieve a “higher mode of exist ‘whole can progress from a lower stage to a higher stage. “and society as a Arguments for Liberty of Ideas > Freedgimi of Speech (Dissent = Freedom on an individual to h¢ articulate unpopular views.) 4. Aview point's popularity does oxen make it right, that is why divergent ‘opinions must be allowed. Us 3F opinion may be right. He writes that since human beings are not infalialethey have no authority to decide an issue for all, peopl, and to keep atts Rom coming up wth ther own judements In the name of soci Ss ‘that some of the most horrible mistakes in human history havo toon rage wice abot Sorts ond Joos Sst wo Hstious gen history, who Gre Put o death for blasphemy because their beliefs were radical for their tes Criticism 2: Truth may be justifiably persecuted, because persecution is, ‘something that truth should have to face, and it will eventually triumph. So it'll take time for truth to be accepted and it should be not radically imposed upon the society which has held its beliefs for a long time. Mill's Reply: Mill replies that such a sentiment is harshly unfair to those who actually are persecuted for holding true ideas. By discovering something true, these people have performed a great service to humanity. Supporting the persecution of Notes by Muhammad Daud Saleem (2 Position in Pakistan, CSS 2019) - 03066875141,such people suggests that their contributions are not truly being valued. Mill also contends that itis wrong to assume that “truth always triumphs over persecution.” It may take centuries for truth to reemerge after itis suppressed. For example, writes that the Reformation of the Catholic Church was put down twenty times before Martin Luther was successful. It is mere sentimentality to think that truth is stronger than error. 2. Even if the unpopular opinion is wrong, refuting it will allow people to better understand their own opinions because if opinions are not debated, they become dogmas. If truth is simply held as a prejudice, then people will not fully unde: it, and will not understand how to refute objections to it. Dissent, even if it#Sfalse, keeps alive the truth against which it dissents. Ifa person cannot rete tions, then he cannot properiy be said to understand his own opinion. x In Christianity, people do not truly understand the doctrines they hold dear, and. their misunderstanding leads to serious mistake — > Limitations on Freedom on Ideas and Acie? Principle of Harm: Idea of Sovereignty of Individual ayes mind and body y ‘+ The only time individualS@PSociety as a whole can interfere with individual liberty is for set-eretachon Mill states that the argument that a certain law or public opinion might Be for an individual's own good or welfare does not suffice to justi sho law or public opinion as a coercive force. xv ‘* Itis fing ta@gue with a person about his actions, but not to compel him. 'D Euthanasia = Assisted Suicide Notes by Muhammad Daud Saleemi (2" Position in Pakistan, CSS 2019) -02066875141For example, a person who becomes violent when drunk could be compelled not to drink. Question of Consent: For example, a person should be warned about the ‘danger of crossing an unstable bridge, but should not be forcibly prevented from crossing if he understands the risks S ‘Question of Hate Speech: < liberty to prevent harm to others. Even expresive liberties cn be restricted hen their ‘exercise poses a “lear and present danger” to others. mob assembled before the house ofa corn dealer. Difference between Harm and Offence Not every unwelcome consequence for othetdcbunts as a harm. Offenses tend to be ‘comparatively minor and ephemeral. T injurious or set back important intet have rights wy os Legacy: Mills conception of Berty justtied the freedom of the individual in opposition to unlimited state 49 Socal control f particular people, interests in which they Contribution Ye the Rise of Individualism ‘What is the correct balance between personal freedom and state control? ‘Women’s Right to Vote Notes by Muhammad Daud Saleem (2" Position in Pakistan CSS 2019) 03066875141