Jeremy Bentham

Jeremy Bentham is usually seen as an anti-realist political thinker, or a proponent of what Bernard Williams has termed ‘political moralism’. This article questions that prevalent view and suggests...

This book explains and evaluates the main arguments and themes in Bentham's Introduction (IPML). It's designed for upper level undergraduate students of philosophy; it would also be useful for grad students and scholars in philosophy and other disciplines. Each chapter of the book is discussed in sequence. Emphasis is placed on Bentham's original goal of introducing a utilitarian penal code. His causal theory of action, and account of motives and motivation, are analysed carefully, so as to lay the groundwork for (...) his treatment of the deterrence of potential offenders, and the punishment of convicted offenders. Bentham's approach to making acts into legal offenses, or 'criminalization', is also treated. His understanding of the principle of utility, theory of intrinsic value, and claims about the measurement of pleasure and pain, and intrinsic value, are fully discussed. Some attention is given to the features of English criminal law in Bentham's time, and to its practice in contemporary societies. (shrink)

Over time, the actions of mankind have been the victim of two vague labels, right and wrong. The criteria for these labels are not clearly defined, but they still seem to be the standard by which the actions of man are judged. There are some people that abide by a deontological view when it comes to judging the nature of actions; the deontological view holds that it is a person's intention that makes an action right or wrong. On the other (...) hand there is the teleological view which holds that it is the result of an action is what makes that act right or wrong. In this essay I will be dealing with utilitarianism, a philosophical principle that holds a teleological view when it comes the nature of actions. To solely discuss utilitarianism is much too broad of topic and must be broken down, so I will discuss specifically quantitative utilitarianism as presented by Jeremy Bentham. In this essay I will present the argument of Bentham supporting his respective form of utilitarianism and I will give my critique of this argument along the way. (shrink)

The Discourse of Universalism , Moral Relativism & Utilitarianism Table of Contents: Chapter 1. Moral relativism: history and theory of moral relativism: Ancient Greece and Early Modern Era Chapter 2. Universalism and Relativism Chapter 3. Hume's Universalism Chapter 4. Plato's Universalism Chapter 5. Problems with Rawls Theory Chapter 6. Aristotle's Relativism Chapter 7. Is Aristotle an ethical relativist? Chapter 8. John Stuart Mill's Utilitarianism Chapter 9. Mill and Principle of Utility Chapter 10. Kant and Moral Theory The historian Herodotus gives (...) the anecdote of Darius, King of Persia, who summoned the Greeks and asked them if they would be willing to eat the bodies of their dead fathers. They replied they would not for any money in the world. Later, Darius asked some Indians of the tribe called Callatiae, who do eat their dead parents’ bodies, if they would ever consider burning the bodies, as was the custom among Greeks. “One can see by this what custom can do” writes Herodotus. He draws the conclusion that this story vindicates the view some acts may be right for some and wrong for others, depending on their individual conceptions of morality. The Sophists were also associated with relativistic thinking, notably Protagoras who asserts that “man is the measure of all things”. However, this view was quite uncommon and moral relativism hardly flourished, as Plato and Aristotle both defended forms of moral absolutism. Ancient Greek philosophers acknowledged moral diversity, but more often under the form of moral scepticism, which states that there is no moral knowledge (rather than moral truth is relative to a culture). (shrink)

Mill’s Principle of Utility: Origins, Proof, and Implications (Leiden: Brill, 2022) is a scholarly monograph on John Stuart Mill’s utilitarianism with a particular emphasis on his proof of the principle of utility. Originally published as Mill’s Principle of Utility: A Defense of John Stuart Mill’s Notorious Proof (Amsterdam: Editions Rodopi, 1994), the present volume is a revised and enlarged edition with additional material, tighter arguments, crisper discussions, and updated references. The initiative is still principally an analysis, interpretation, and defense of (...) the controversial proof, which has yet to attract a scholarly consensus on how it works and whether it succeeds. Well over a century and a half after Mill’s contribution, the subject matter continues to figure prominently in classroom discussions, where the principle and its proof are presented and debated in connection with the critical baggage of logical problems and conceptual confusions wrongly attributed to Mill from the beginning. The overarching aim of the book, now supplemented by a comprehensive historical background and salient philosophical implications, remains the vindication of Mill’s reasoning in pursuit of what he promises as a proof of the principle of utility. (shrink)

Jeremy Bentham es unánimemente reconocido como un filósofo político y del derecho de primera fila; también es muy reconocido como economista o teórico de la economía; desde luego, es considerado como uno de los grandes reformadores sociales del siglo XIX; incluso, recientemente, desde el último cuarto del siglo XX, ha comenzado a ser visto como uno de los grandes expertos clásicos en historia de la sexualidad y como un pensador radical en este ámbito. Pero ¿fue Bentham un gran filósofo, especialmente (...) un gran filósofo moral? (shrink)

Dans L’Histoire d’Angleterre, Hume consacre de nombreuses pages aux événements qui conduisirent à la rédaction de la Grande Charte et aux remous qui en résultèrent. Certes, il ne s’agit pas de faire de ce texte une sorte de contrat qui aurait régi la vie politique anglaise pendant plus de cinq siècles. La conception contractualiste que les Whigs ont de l’histoire ne saurait tirer argument d’un tel document ; mais l’événement ne fut tout de même pas sans conséquences ; et il (...) se pourrait même que la vie politique, économique, sociale de l’Angleterre ait été davantage changée en profondeur par ce document que celle des Français par les rideaux de fumée dont Bentham fut le témoin lors de la rédaction des diverses Déclarations des droits de l’homme par les révolutionnaires français à partir de 1789. Jusqu’à la fin de sa vie, Bentham, qui n’est ni anti-républicain, ni anti-démocrate, comme a pu l’être Hume, prend au sérieux le texte de la Magna Carta dans laquelle il voit, mutatis mutandis, une sorte de modèle selon lequel les lois qui accordent les libertés pourraient être garanties aux citoyens : sans les fioritures ni la grandiloquence françaises, mais avec le maximum de précision qu’il convient d’accorder à leur rédaction. Le chiasme est étonnant : Hume est plus prompt que Bentham à dénoncer les fictions de la Grande Charte et de l’usage qu’il est possible d’en faire, alors que le spécialiste des fictions, voit dans la Grande Charte - qu’il aurait tout lieu de dénoncer à la suite de Hume - une source d’inspiration non négligeable pour écrire sérieusement des lois. (shrink)

To challenge the Foucauldian legacy of Jeremy Bentham’s panopticon prison, scholars often highlight Bentham’s later writings on the democratic power of public opinion. In doing so, they reaffirm Bentham’s reputation as a unreserved proponent of transparency. To recover the limits of Bentham’s embrace of publicity, I examine the model of visibility exemplified by his designs for the Sotimion, a residence for unmarried, pregnant women. The Sotimion draws our attention to Bentham’s appreciation for concealment as a method of preventing individual and (...) social harms caused by publicity and his criticisms of ascetic sexual norms. By being able to see visitors without being seen by them, the residents of the Sotimion would have avoided social censure while continuing to meet with friends, family, and even lovers. The Sotimion designs eschewed the panoptic principle, the use of asymmetric surveillance to reform moral behavior, and offered what I call the “soteric principle,” the use of asymmetric surveillance to protect the observer from punishment. By comparing the Sotimion to the Magdalen Hospital for Penitent Prostitutes and Bentham’s discussions of panoptic institutions for women, I examine the Sotimion’s distinctiveness while acknowledging its normalizing effects for residents from lower socioeconomic classes. Just as the panopticon captured Bentham’s commitment to publicity, applying the soteric model to Bentham’s theory of public opinion highlights his commitment to secrecy for protecting critics of government abuses from retribution. (shrink)

Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022.

En este artículo se trata de analizar cómo Jeremy Bentham afronta el problema de la compatibilidad entre libertad sexual y felicidad pública. Se considera entonces el amplio _corpus _benthamiano sobre la cuestión de las relaciones homoeróticas, estableciendo su cronología y examinando sus argumentos. Desde el principio de utilidad, Bentham defiende la despenalización de las relaciones homoeróticas y los efectos beneficiosos de esta práctica sobre la felicidad pública. Finalmente, se explora el contexto de la propuesta benthamiana: el debate ilustrado acerca de (...) las relaciones homoeróticas y la denominada “anomalía inglesa”. (shrink)

In terms of the distinction between relationalist and substantialist philosophies of science opened up by American pragmatist thinkers like Dewey and Bentley, Bentham’s social ontology is relationalist and anti-substantialist. When the ontology is combined with his emphasis on ordinary language as the basis of social reality, it is seen to have thematic connections to later developments in social science such as social constructionism, social phenomenology, ethnomethodology and, due to its intent to critically question-received fictions, to neo-Marxian and other concerns about (...) objectivation and reification. Also, by re-reading Bentham’s theory of fictions as a theory of vernacular language habits, it can be shown to have empirical relevance for the sociology of language. (shrink)

A dialogue, in three parts, on utilitarian vulnerability to exploitation.

Edición a cargo de José Luis Tasset & Francisco Vázquez García. Introducción de José Luis Tasset. Epílogo de Francisco Vázquez García.

Ratio Juris, Volume 35, Issue 1, Page 55-70, March 2022.

An erudite introduction to the ideas of the father of utilitarianism.

An erudite introduction to the ideas of the father of utilitarianism.

O escopo deste artigo consiste em analisar o problema da punição e como podemos justificar o dano intencional causado pelo Estado a um agente infrator no pensamento de Jeremy Bentham e na teoria utilitarista clássica. Para tal fim analisaremos a obra “Uma introdução aos princípios da moral e da legislação”, além de artigos de comentadores. O presente texto divide-se em cinco etapas, a saber, uma breve introdução, seguida de uma análise da proposta benthaniana e de sua concepção de Estado. Após, (...) destacaremos os aspectos positivos de assumir uma posição utilitarista de justificação da punição e, consequentemente, quais são as implicações negativas dessa proposta. Por fim, a título de considerações finais, parece-nos importante considerar alguns aspectos dessa proposta para o pensamento contemporâneo dos sistemas penais e sua legitimidade. (shrink)

Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers (...) a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy. (shrink)

Alexander Maconochie, the originator of the “Mark System”, is a major figure in the history of penal discipline and is best known for his attempt to implement it at the Norfolk Island penal station from 1840 to 1844. Among Maconochie’s many works is the eight-page “Comparison Between Mr. Bentham’s Views on Punishment, and Those Advocated in Connexion with the Mark System”, in which Maconochie rejected Bentham’s critique of transportation, as well as fundamental elements of his theory of punishment. Maconochie concluded (...) that mainstream thinking on penal discipline was dominated by “mistakes” that either “in great measure originat[ed] with Mr. Bentham”, or had been “at least sanctioned by his high authority”.This paper questions whether Maconochie’s rejection of Bentham’s views is entirely convincing, since his penal practices, as well as an earlier and lesser-cited work, indicate that Maconochie was, at times, considerably closer to Bentham’s position on punishment than “Comparison” suggests. Section I will provide some brief biographical background. Section II will explore Maconochie’s attempt to implement his reformative system at Norfolk Island, at the heart of which was surveillance and extensive record-keeping to monitor individual behaviour and progress, and in which there are echoes of Bentham’s panopticon scheme. Section III will examine Maconochie’s changing views on criminal transportation, from his adherence to the Benthamite anti-transportation line in 1818, to his qualified support for transportation from 1838 onwards. Finally, Section IV will examine the Mark System and Maconochie’s criticism of Bentham in more detail. (shrink)

Jeremy Bentham catalogued a wide variety of uses for dead bodies in what was likely his last essay, ‘Auto-Icon’. Dead bodies could be preserved and transformed into statues and used, among other ways, as theatrical props, commemorative statues, and building materials. Auto-Iconism would eliminate the need for coffins and graveyards – as well as funeral rituals, clerics to preside over the funerals, and, arguably, the entire religious establishment. This essay offers a reading of ‘Auto-Icon’ as a bad joke: impolite, unrefined, (...) and in bad taste. The thought is that ‘Auto-Icon’ makes fun of the religious desire for immortality – continuing Bentham’s attacks on the religious establishment in this regard – as well as Bentham’s own pretensions to immortality, and of pretensions to good taste generally. As a bad joke, ‘Auto-Icon’ is an exercise both in the liberty of opinion and in the liberty of taste. (shrink)

Benthamite utilitarianism was influential in Britain during the first half of the nineteenth century. Bentham and his followers took a special interest in the British colonies. As a result, key Australian institutions were strongly influenced by Bentham’s ideas, including in relation to democracy, law, and punishment. Benthamite radicals in London, and their associates in the colonies, had a profound influence on the development of the colonies through their activities in parliament, the law, and as theorists and activists. This paper draws (...) attention to some of the areas of influence of Bentham’s ideas in Australia, and reaches towards an understanding of why Australia has been described as a Benthamite society. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 386-414, December 2021.

Examines the influence of Jeremy Bentham's legal and political writings in Australia, China, France, Germany, Italy, Japan, Russia, Spain and the United States.

Ratio Juris, Volume 34, Issue 4, Page 415-437, December 2021.

When examining the relevance of Bentham’s thinking to debates on cultural value, we should look, first of all, at the significance of utility as an independent ethical principle. Bentham finds the term ‘utility’ in the philosophy of David Hume, condemns Hume’s use of this term as ambiguous, and establishes utility as an independent ethical principle that is opposed to Hume’s preference for delicacy of sentiment and good taste. I argue that Hume is averse to the very thing that Bentham places (...) at the centre of his ethics, namely a reckoning that we can all make with how pleasure shapes our sense of self. Bentham places us under an obligation to work out what our pleasures mean for us, how they situate us in the world, and how others will respond to what gives us the most pleasure. This working hypothesis on what gives each of us the most pleasure, must be conveyed in neutral, non-judgemental terms. Bentham espouses simple amusements, including games of push-pin and solitaire, as examples of how a recalculation of the possibilities for increasing pleasure and diminishing pain can take place, in defiance of cultural evaluations of what is ‘high’ and ‘low’. These distinctions of high and low culture are only one example of how definitions of culture affect the social organization of pleasure, within a broader conception of cultural value. Bentham asks whether definitions of cultural value are equitable and just, when seen in relation to the ethical aim of prolonging pleasure and diminishing pain. (shrink)

Jeremy Bentham Jurist, Philosoph und Sozialreformer gilt heute als der Begründer des Utilitarismus, der sich dem Nutzen als politisches Leitprinzip verschrieb. Seine Orientierung am „Glück der größten Zahl“ war, entgegen der heute oftmals anzutreffenden verkürzten Utilitarismus-Lesarten, nicht als Argument zur Unterdrückung von Minderheiten gedacht. Vielmehr war Benthams Motto gegen eine politisch dominierende Klasse von geringer Zahl, bestehend aus Adel und Klerus, gerichtet, die eine demokratische Ordnung systematisch verhinderte. Benthams politische Philosophie hatte zum Ziel, eine bürgerlich parlamentarische Demokratie zu etablieren, in (...) der nach Bentham die Stimme jedes Bürgers gleichviel gelten sollte. (shrink)

Nineteenth-century philosophers, including J.S. Mill, Karl Marx, and Friedrich Nietzsche, criticized Jeremy Bentham for his supposed aesthetic insensibility to the arts, especially literature. Through analysis of Bentham’s manuscript comments on novelists, both negative and positive, this essay analyzes the pleasure Bentham took in fictional narratives in the context of his advocacy for sexual and gender minorities, disabled persons, colonized and enslaved persons, children, and animals. Drawing from a wide range of Bentham’s papers, the author then focuses on a vivid manuscript (...) proposing ‘a new and improved Drama,’ in which Bentham examines the desire to be immersed in an interactive dramatic experience of one’s favorite works of fiction. (shrink)

In his extensive private manuscripts, Jeremy Bentham used same-sex male intimacy as a philosophical test-case for the full political and social enfranchisement of women, colonized and enslaved persons, and sexual nonconformists. Bentham argued that oppression in law, philosophy, religion, and literature were all based on aesthetic hierarchies that refused to acknowledge differences of taste in sensory pleasure, including sexual pleasure. In Uncommon Sense, Carrie Shanafelt reads Bentham's sexual nonconformity papers as an argument for the toleration of aesthetic difference as the (...) foundation for egalitarian liberty. Shanafelt challenges the common image of Bentham as a dehumanizing calculator or an eccentric projector, instead showing Bentham at his most intimate, outraged by injustice and desperate for the end of discriminatory violence. (shrink)

ABSTRACT Jeremy Bentham is often thought to have set the groundwork for the modern ‘animal liberation’ movement, but in fact he wrote little on the subject. A full examination of his work reveals a less radical position than that commonly attributed to him. Bentham was the first Western philosopher to grant animals equal consideration from within a comprehensive, non-religious moral theory, and he was a staunch defender of animal welfare laws. But he also approved of killing and using animals, as (...) long as pointless cruelty could be avoided. The nuances of his position are best brought out by comparing it to that of Peter Singer, who draws considerably more radical practical conclusions. This is not primarily explained by competing formulations of utilitarianism, however, but by different empirical background assumptions about the lives of animals. (shrink)