<Philosophy of Laws

Jeremy Bentham
Introduction to the Principle of Morals and Legislation.
(1789)
(Analytic Jurisprudence, Theory of Positivism)
It gives preliminary concepts and discussions on the basis
of morals and legislation. The Penal code was to be the first
in a collection of codes that would constitute pannomion.
Analytic Jurisprudence = Human refashioned
laws/Positivist laws.
The human person is governed by two masters: Pain and
Pleasure. ( Nature has placed mankind under the
governance of two sovereign masters, pain and pleasure.)
CHAPTER I
The Principle of Utility
- Recognizes pain and pleasure govern the human
person and assumes it for the foundation of that
system.
- It is the foundation of the present work; it will be
proper therefore at the outset to give an explicit and
determinate account of what is meant by it.
- Approves or disapproves of every action whatsoever.
- Augments or diminishes the happiness of the party
whose interest is in question.
Utility
- Property in any object
- Tends to produce (BAPGH)
o Benefit
o Advantage
o Pleasure
o Good
o Happiness
- To prevent (PUME)
 o Pain
o Evil
o Unhappiness
o Mischief
Interest of Community
- Community/State is a fictitious body; composed of
individual persons who are considered as constituting
as it were its members
- The sum interests of the several members who
compose the community
- Ensures the happiness of the community by
legislation.

Interest of Individual
- A thing to promote interest OR to be for interest of an
individual’s sum total of pleasures to diminish the sum
total of his pains.
Action
- Conformable to utility with respect to the community
at large
- It has tendency to augment the happiness of the
community than to diminish it.
Measure of Government
- Conformable to or dictated by the Principle of Utility
- It has tendency to augment the happiness of the
community than to diminish it.
Action and Measure of Government
- Convenient to imagine a law and speak of action in
question.
Man, and The Principle of Utility
 - A man is a partisan when the approval or disapproval
of the Action is proportioned to its conformity or
nonconformity to the laws or dictates of utility.
An Action’s Conformability to Utility
- Conformable when what needs be done be done, and
what needs not be done, be not done.
- Right Actions and Wrong Actions
CHAPTER II
PRINCIPLES ADVERSE TO UTILITY
Asceticism
- Augments Pain
- Direct opposite of Utility
Sympathy and Antipathy
- Based on the person’s disposition; Man is disposed to
approve or disapprove actions.
- Not on account of their tending to augment the
happiness
- Approves or disapproves certain actions
CHAPTER III
FOUR SANCTIONS OR SOURCS OF PAIN AND PLEASURE
Physical Sanction
- At the hands ordinary course of nature
- Not by will of individuals
- Not by extraordinary interposition
Political Sanction
- At the hands of a particular person in the community
under names like a Judge
- According to the will of the sovereign
Popular/Moral Sanction
- At the hands of a persons in the community
- According to each man’s spontaneous disposition
- Not according to settled or concerted rule
-
Religious Sanction
- At the hand of a superior invisible being
-
Physical, Political Popular/Moral Sanctions are expected in
the present life. Religious may be expected in the present
life AND future life.
CHAPTER IV
VALUE OF A LOT OF PLEASURE OR PAIN, HOW TO BE
MEASURED
Pleasures and the avoidance of pains are the ends that the
legislator has in view; for him to understand their value;
Pleasures and pains are the instruments he has to work
with.
Pain and pleasure may not be quantified. However, there are
guides.
7 Degrees of Felicity ( PP DIC F )
- Intensity
o First instance of pain and pleasure determinator
- Duration
- Certainty or Uncertainty
- Propinquity or Remoteness
- Fecundity
- Purity
- Extent
CHAPTER V
PLEASURES AND PAINS, THEIR KINDS
Complex Perception
- Of pleasures alone
- Of pains alone
- Of pleasure or pleasures and pain or pains together
Kinds of Pleasure
CHAPTER XIII
CASES UNMEET FOR PUNISHMENT (Marikina v. Sta.
Scholasitca)
General Object which laws have:
- Happiness of the community
- Therefore, exclude everything that tends to subtract
from happiness
- Exclude mischief
All Punishment is mischief
- Punishment in itself is evil
- Principle of Utility: If it ought all to be admitted, it
ought only to be admitted in as far as it promises to
exclude some greater evil.
- Punishment ought not to be inflicted when: ( GUNI )
o It is Groundless
 Where there has never been any mischief
 Mischief was outweighed
 There is certainty of an adequate
compensation
 Such offense admits of adequate
compensation
 Compensation is sure to be
forthcoming
o It is Inefficacious
 Penal provision is not established
 Ex-post-facto law
 A sentence beyond law
 Penal Provision is not conveyed
 Penal Provision could produce no effect
 Extreme Infancy
 Insanity
 Intoxication
 Penal Provision could produce no effect with
regard to the individual act
 Unintentionality
  Unconsciousness
 Missupposal
 Penal Provision is yet by the predominant
influence of some opposite cause upon the
will.
 Physical Danger
 Threatened Mischief
 Where physical faculties are not in a
condition to follow the determination of the
will
 Act is involuntary
 Act is of Physical Compulsion
o It is Unprofitable
o IT is Needless

CHAPTER XIV
OF THE PROPORTION BETWEEN PUNISHMENTS AND
OFFENCES
Ramolete: Is Community Service automatic in when the
penalty is Arresto Mayor or Arresto Menor?
Answer: No, it is not automatic. The court will need to make
necessary assessments to render if the convicted is qualified
for Community Service.
Community Service Law is applicable MORE THAN ONCE.