Jeremy Bentham (1748-1832) was the founder of utilitarianism, which evaluates actions based on their consequences. The theory's main postulates are that actions should aim to maximize happiness and pleasure for the greatest number of people. Bentham rejected ideas of natural law and individual rights and freedoms. He believed that the goal of government should be providing the greatest happiness for the greatest number through institutions like the legislative, executive, and judicial branches. Bentham's utilitarianism had a significant influence on legal and political thought in England and other countries.
3. The main postulates underlying the
theory of utilitarianism
• 1. Getting pleasure and exceptional cases of
feeling suspicious activity.
• 2. Usefulness, the possibility of applying the
solution of any problem is the most significant
criterion for evaluating all risks.
• 3. The morality of producers with everything that
focuses on finding the greatest happiness (good)
for the greatest number of people
• 4.Maximization of the universal utility of observing
the laws and the obligation to participate in the
development of mankind.
4. • THE CORE OF LIBERALISM- THE
PROVISION ON THE FREEDOM OF THE
INDIVIDUAL, PRIORITANLY INHERENT
TO HIM, ON THE AUTONOMOUS SPACE
OF ACTIVITY, THE SELF-ESTIMATION
OF THE INDIVIDUAL, PROVIDED BY
PRIVATE PROPERTY AND POLITICAL
AND LEGAL INSTITUTIONS.
5. • FREEDOM AND RIGHTS OF THE
INDIVIDUAL WERE FOR BENTAM THE
TRUE EMBODIMENT OF EVIL,
THEREFORE HE DID NOT RECOGNIZE
AND REJECTED THEM, AS HE
REJECTED THE SCHOOL OF NATURAL
LAW AND THE POLITICAL AND LEGAL
ACTS CREATED UNDER ITS
INFLUENCE IN GENERAL.
6. French Declaration of the Rights of
Man and Citizen:
• a) unintelligible;
• b) false;
• c) both obscure and false.
10. The goal of government in any
state, according to Bentham,
should be the greatest happiness
of all its subjects, or, in other
words, the greatest happiness of
the greatest number of people.
12. methods by which its self-interested
ruling minority ensures the subjugation
of the minority
• Corruption
• creating illusions
• Creating Functions
• Artificial honors
13. The core of Bentham's
constitutional system is the
supreme legislative power
14. RIGHT=LAW
Right is the will of the sovereign
The qualifying attribute of a right is a
sanction.
15. Conclusion
• Bentham's positivism was a significant step forward, an
attempt to introduce scientific principles into the field of law.
Bentham entered the history of political and legal thought as
the founder of the school of utilitarianism, which had a great
influence not only on England, but also on other countries of
Europe and Latin America, where the task of combating the
remnants of feudalism was extremely urgent. Bentham's
correlation of legislation with social goals and the balance of
interests served to establish the sociological school of law. On
the other hand, Bentham's approach to the question of the
relationship between natural law and law in its own way
anticipated the legal-positivist school of law.