Jeremy Bentham Legal Philosopher Lauren Khalil & Ciara Hanley

Jeremy Bentham Time and Location

 LAWS THAT ARE ENACTED AND ADOPTED BY THE GOVERNMENT  HELD THAT LAW IS NOT ROOTED IN “NATURAL LAW”  SAW POSITIVE ROLE TO BE PLAYED BY LAW AND GOVERNMENT  LAW SHOULD BE ESTABLISHED BY THE STATE AND BENEFIT STATE AS WHOLE Jeremy Bentham Positive Law

 FIRST PERSON TO SUPPORT UTILITARIANISM  HE DISMISSED ALL NATURAL LAW AFTER THE INDUSTRIAL REVOLUTION  LAW DOES NOT HAVE TO BE BASED ON HIGHER BEING  UTILITY APPROVES OF ACTION WHICH PROVIDES GREATEST AMOUNT OF HAPPINESS  “WHAT OUGHT A MAN TO DO” Jeremy Bentham Utilitarianism

 UTILITARIANISM BASIS OF ALL THEORIES  CONSTITUTIONAL CODE INCLUDE MINISTRIES SUCH AS EDUCATION, HEALTHY, INDIGENCE, SUFFRAGE  UNLIKE ENGLISH COMMON LAW, HE BELIEVED LAW SHOULD BE BASED ON CODE  ATTACKED WILLIAM BLACKSTONE’S DEFENSE OF TRADITION IN LAW Jeremy Bentham Utilitarianism

 GOVERNMENTS SHOULD BE LINKED BY SYSTEM OF “CONVERSATION TUBES”  DEVELOPED MODEL OF ENGLISH PRISON  PANOPTICON  THEORIES OF PUNISHMENT  All punishment requires justification  Torture may be justified Jeremy Bentham Views on Law

Jeremy Bentham Panopticon

 ENCOURAGED LEGAL REFORM  “LIBERTY IS ABSENCE OF RESTRAINT”  IDENTIFIES DIFFERENCE BETWEEN PERSONAL AND PUBLIC LIFE  LAW REFLECTS INTERESTS OF INDIVIDUAL  ALL SUBJECTS SHOULD OBEY SOVEREIGN SET OF RULES BUT HAVE DISPOSITION TO REBEL Jeremy Bentham Society

GOVERNMENT NECESSARY TO HAVE LAWS AND RIGHTS GOVERNMENT IMPORTANT FOR WELL BEING OF COMMUNITY PRINCIPLES THAT GOVERN MORALS GOVERN POLITICS GOVERNMENT WORKS TO BENEFIT PEOPLE IN POWER Jeremy Bentham Government

AGAINST IDEA OF “GENERAL RIGHTS” RIGHTS TELL A MAN WHAT HE CAN DO, NOT WHAT HE CAN’T DO LEGAL SYSTEM CAN NOT FUNCTION ON BROAD UNDERSTANDING OF RIGHTS NATURAL RIGHTS CAN BECOME ANARCHICAL Jeremy Bentham Rights

 UTILITARIAN VIEW BEGAN GROUND WORK FOR SUCCESSORS  PROTECTION OF HUMAN RIGHTS  EARLY ADVOCATE OF LEGALIZING HOMOSEXUALITY  SOCIAL WELFARE LEGISLATIONS  Health Care  Welfare Jeremy Bentham Present Day Application