top of page

BENTHAM :- Theory of Utility

Bentham's Theory of Utility

www.lawtool.net


Bentham's book ' The Theory of Legislation is a masterpiece in the field of law. Bentham's objective is to educate the legislators and to provide them with a sound philosophy broad-based on the theory of Utilitarianism. Legislation is a science and an art. It is a science as it contains certain basic principles to do good to the community and it is an art when it provides for the various means to achieve well.




The objective of the legislator must be to do public good. He may base his reasons on general utility. The utility is the basis of Bentham's theory. The principles of utility form the basis of his reasoning, On an analysis of the principles of utility, we find that all our ideas, judgments, and determinations spring from certain motives: pleasure and pain.


It is the duty of the moralists and the legislators to make a great study of these two concepts of pleasure and pain. Utility is an abstract term. It expresses some propensity or tendency of a thing to prevent some evil or to do some good. Evil is pain or the cause of pain. Good is pleasure or the cause of pleasure. Hence, anything which conforms to this utility brings happiness to the individual. The legislator must have the objective to augment the total sum of the happiness of the individuals that form the community. The utility is the first principle-the first link in the chain. The legislator's reasoning for making a particular law must be based on this principle.




The utility has a commendable logic behind it. In making a law, the legislator must calculate or compare the pleasure or pain that it brings about. Her e pleasure & pain are used in the ordinary meaning . .i ,e. , what everybody feels when put in a situation it is the experience of the peasant and the prince, the unlearned and the philosopher. Utility as a principle has its essence in virtue and vice. Virtue is good as it brings pleasure, and vice is bad as it brings evil. Moral good is good as it brings pleasure to man, Moral evil is bad as it brings pain to man. The legislator who believes in the theory of utility, finds, in the process of law-making, a number of these virtues and evil s, that the proposed law may bring about. His objective must be to bring more virtue, He must also distinguish pretended virtues and evils from the real virtues and evils. These are the facets of the concept of utility and based on this exposition Bentham develops his philosophy of utilitarianism. His works 'the theory of legislation' and 'Introduction to the principles of Morals and Legislation form a manual of instructions for a legislator. A knowledge of these, makes the legislator appreciate the moral and legal philosophies of Bentham and also get an insight into the sociology of law.



Objections to Utility

(a) Bentham is rightly called the Patriarch & the chief exponent of the theory of utilitarianism. His principle of utility, based on pleasure & pain is applied to him, to explain the basis of political obligations; it is the end objective of Govt. and legislation. The man obeys the law and lives in a politically organized society for it is the best way of securing his interests and happiness. In fact, political life is based on the principles of utility. Hence, Laws, the measures of the Government, political institutions, and rights are to be judged and justified according to the principles of utility. The greatest happiness of the greatest number is the basis of utility.


(b) Objections: Though this theory is sound and practicable some objections have been raised.

i) Some trifling objections may be raised based on verbal difficulties. These are not substantial but still, require careful attention.


ii) The language used to explain the result of utility is a virtue. But this is objected to on the ground that Virtue' is generally understood as opposed to utility. According to Bentham, this is not correct. Virtue is the sacrifice of less interest to a greater, from a doubtful to a certain definite interest. Hence, the place of virtue is secured. If a person calculates badly, and at a wrong result, the mistake is not that of arithmetic but the man. This is true in respect of virtue.


iii) It is commented that the principle of utility is only a revival of epicureanism (Philosophy of Epicure, Greek philosopher: who tought pleasure was the chief good). This is not true, according to Bentham. The epicurean doctrine had damaged the basis of morals & moral values. It was a dangerous concept, and, has nothing to do with utility.


iv) What utility is judged by each person and hence, it is objected that it loses its force. Bentham points out that man is a rational being and hence, must have this faculty otherwise he would be an idiot.


v) The next objection is put on the basis of the religious principle the will of God; it is universal, sovereign, and decides the good and evil. Hence, it is the only rule. Bentham answers this by saying that the will of God is expressed by a man by presuming what it would be. That is why revelations or gospels are different. Hence, this objection is not correct.



vi ) The next objection is that when utility is to be followed in politics, there would be a difference. The aim of good morals is different from the aim of politics. Bentham answers saying that the ultimate aim of both is securing happiness.


vii) The next objection is, that which is useful may not be just and honest. This is not so. The collective idea is important.


viii) Lastly it may promote opportunity in people because under a contract a person can commit a breach for his own advantage. This is also not true Bentham says. It is the util it y of contract which is the force to it, riot the agreement itself.


Alternative :

There is no alternative to the principle of utility. What is the substitute? Bentham asks, is it a

(1) a despotic principle or (2) a capricious principle on the feelings of individuals? Hence, utilitarianism is the best and the only solution Bentham claims.





Comentarios


LEGALLAWTOOL-.png
67oooo_edited_edited.png
bottom of page