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Topic: Revisiting Bentham’s utilitarianism Name: Ibnul Ferdous SRN: 090486100
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Page 1: Revisiting Bentham’s utilitarianism- Jurisprudence

Topic: Revisiting Bentham’s utilitarianism

Name: Ibnul FerdousSRN: 090486100

Page 2: Revisiting Bentham’s utilitarianism- Jurisprudence

Utilitarianism

First written widely about by Jeremy Bentham

Consequential moral theory

Has an enormous effect on English practical life and economics Jeremy Jeremy

BenthamBentham1748-18321748-1832

Page 3: Revisiting Bentham’s utilitarianism- Jurisprudence

Bentham’s idea was following:Bentham’s idea was following:

Nature has placed mankind under the governance of Nature has placed mankind under the governance of two sovereign masters, two sovereign masters, painpain and and pleasurepleasure. It is for . It is for them alone to point out what we ought to do, as well them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand as to determine what we shall do. On the one hand the standard of right and wrong, on the other the the standard of right and wrong, on the other the

chain of causes and effects, are fastened to their chain of causes and effects, are fastened to their throne…throne…The The principle of utilityprinciple of utility recognises this recognises this subjection, and subjection, and assumes it for the foundation of that assumes it for the foundation of that system, the system, the object of which is to rear the fabric of object of which is to rear the fabric of felicity by the felicity by the hands of reason and of law. Systems hands of reason and of law. Systems which attempt to which attempt to question it, deal in sounds instead question it, deal in sounds instead of sense, in caprice of sense, in caprice instead of reason, in darkness instead of reason, in darkness instead of light.instead of light.

An Introduction to the Principles An Introduction to the Principles of of Morals and Legislation Morals and Legislation (1789)(1789)

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R v Dudley and Stephens (1884)

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Criticisms

1. Ignorant to the rights of minority2. Defines right in terms of good3. Only concerned with maximising

welfare, not distribution4. Difficulty in determining ‘real’

preferences

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This is true regardless of what we ourselves

say about our preferences. It is not

depended upon acknowledging its truth

for its being true.

Conclusion