Theory of Utility and the Modern Legislation: A study of application of Bentham’s Utilitarian Theory
Keywords:Bentham, utility, legislation, modern, sovereign, pain, pleasure, hedonistic calculus, law, consequences.
The Jurisprudential theory of Jeremy Bentham, though have been considered way too old, especially in the socialist countries the Theory of Utility, might have been disregarded as unacceptable on the grounds that only the thoughts about pain and pleasure might not be the sole interest of the country. The country’s welfare might not be measured in the quantum of happiness to majority and grief and pain to minorities. However, it cannot be totally waived and be done away with. For how can social welfare legislations be not measured on the quantum of maximum pleasure and minimum pain? The essence of Bentham’s theory and his philosophy is retained by the world even in today’s modern day legislation. It is human nature to take a step forward when he can measure the risk and the gain of that direction. Thereby the modern day man is much more a hedonistic calculus. This research aims at reflecting the various juncture whereby the modern day legislations, directives, judgments and policies draw their essence from the Theory of Utility.
Driver J. (2014). History of Utilitarianism. Stanford: Stanford University Press. Retrieved from https://plato.stanford.edu/entries/utilitarianism-history
Paton, G. W. (2017). A text book of Jurisprudence. London: Oxford University Press.
Sweet, W. (1949). Jeremy Bentham, Retrieved from https://www.iep.utm.edu/bentham
Tripathi, B. N. (2013). Jurisprudence the Legal Theory. Allahabad: Allahabad Law Agency.