Jeremy Bentham (17481832)

INTRO
English philosopher and political radical
known today for his moral philosophy, especially his principle of
utilitarianism
evaluates actions, based upon their consequences (outcome)
What motivates us into doing an act?
For what reasons and what purpose an act is done?
What motivates us?
Pleasure and pain
Happiness is a matter of experiencing pleasure and lack of pain.
consequences where overall happiness created for everyone
affected by the action
rational principles that would provide a basis and guide for legal,
social and moral

LIFE
A leading theorist in Anglo-American philosophy of law and one of the founders
of utilitarianism
Jeremy Bentham was born in Houndsditch, London on February 15, 1748.
He was the son and grandson of attorneys,
his early family life was influenced by a mix of pious superstition (on his
mothers side) and Enlightenment rationalism (from his father).
Bentham lived during a time of major social, political and economic change.
The Industrial Revolution (with the massive economic and social shifts that it
brought in its wake), the rise of the middle class,
and revolutions in France and America all were reflected in Benthams
reflections on existing institutions.
In 1760, Bentham entered Queens College, Oxford and, upon graduation in
1764, studied law at Lincolns Inn.
Though qualified to practice law, he never did so.
Instead, he devoted most of his life to writing on matters of legal reform
though, curiously,
he made little effort to publish much of what he wrote.

METHOD
Influenced by the philosophies of the Enlightenment
(intellectual, scientific and and cultural life).
Lockes influence through Enquiry Concerning Human
Understanding,
-who emphasized the importance of reason over custom and
tradition
-who insisted on precision in the use of terms.
-Benthams analytical and empirical method is especially obvious
when one looks at some of his main criticisms of the law and of
moral and political discourse in general.
- legal fictions = relation, right, power, and possession
-Bentham hoped to eliminate legal fictions as far as possible from
the law.

HUMAN NATURE
Bentham believed that the nature of the human person can be
adequately described without mention of social relationships.
the idea of relation is but a fictitious entity, though necessary
for convenience of discourse.
that the community is a fictitious body, and it is but the sum of
the interests of the several members who compose it.
Thus, the extension of the term individual is no greater and no
less than the biological entity.
the individualthe basic unit of the social sphereis an atom
and there is no self or individual greater than the human
individual.
A persons relations with otherseven if importantare not
essential and describe nothing that is, strictly speaking, necessary
to its being what it is.

For Bentham, morals and legislation can be described scientifically,

but such a description requires an account of human nature.
Just as nature is explained through reference to the laws of physics,
so human behaviour can be explained by reference to the two
primary motives of pleasure and pain;
this is the theory of psychological hedonism. (pleasure is the only
intrinsic good).
admits, no direct proof of such an analysis of human motivation but
in acting, all people implicitly (impliedly) refer to it.
Nature has placed mankind under the governance of two sovereign
masters, pain and pleasure. It is for them alone to point out what we
ought to do, as well as to determine what we shall do. On the one
hand the standard of right and wrong, on the other the chain of
causes and effects, are fastened to their throne. They govern us in all
we do, in all we say, in all we think: every effort we can make to
throw off our subjection, will serve but to demonstrate and confirm it.
(Ch. 1)

pain and pleasure

the standard of right and wrong

other the chain of causes and effects

act

act

act

act

one could construct a calculus of value

rational principles that would provide a basis and guide for legal,
social and moral reform
Benthams moral philosophy reflects what he calls at different
times
the greatest happiness principle or the principle of utility
he was not referring to just the usefulness of things or actions, but
to the extent to which these things or actions promote the general
happiness.
what is morally obligatory is that which produces the greatest
amount of happiness for the greatest number of people, happiness
being determined by reference to the presence of pleasure and the
absence of pain.
By the principle of utility is meant that principle which approves or
disapproves of every action whatsoever, according to the tendency
which it appears to have to augment or diminish the happiness of
the party whose interest is in question: or, what is the same thing
in other words, to promote or to oppose that happiness.

And Bentham emphasizes that this applies to every action

whatsoever. That which does not maximize the greatest
happiness (such as an act of pure ascetic sacrifice) is,
therefore, morally wrong.
he provides a number of suggestions that could serve as
answers to the question of why we should be concerned
with the happiness of others.
First, Bentham says, the principle of utility is something to
which individuals, in acting, refer either explicitly or
implicitly, and this is something that can be ascertained and
confirmed by simple observation. Indeed, Bentham held
that all existing systems of morality can be reduced to the
principles of sympathy and antipathy, which is precisely
that which defines utility.
A second argument found in Bentham is that, if pleasure is
the good, then it is good irrespective of whose pleasure it is.
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

he proposes that making this identification of interests

obvious and, when necessary, bringing diverse interests
together would be the responsibility of the legislator.
Bentham held that there are advantages to a moral
philosophy based on a principle of utility.
To begin with, the principle of utility is clear (compared to
other moral principles), allows for objective and disinterested
public discussion, and enables decisions to be made where
there seem to be conflicts of (prima facie) legitimate
interests.
Moreover, in calculating the pleasures and pains involved in
carrying out a course of action (the hedonic calculus), there
is a fundamental commitment to human equality.
The principle of utility presupposes that one man is worth
just the same as another man and so there is a guarantee
that in calculating the greatest happiness each person is to
count for one and no one for more than one.

hedonic calculus or felicific calculus

Intensity: How strong is the pleasure?
Duration: How long will the pleasure last?
Certainty or uncertainty: How likely or unlikely is it that the pleasure
will occur?
Propinquity or remoteness: How soon will the pleasure occur?
Fecundity: The probability that the action will be followed by
sensations of the same kind.
Purity: The probability that it will not be followed by sensations of the
opposite kind.
Extent: How many people will be affected?
e.g. Baby dumping law = kill the mothers and biological fathers

fin