An Examination of Jeremy Bentham's "an Introduction to the Principles of Morals and Legislation"

Dissertation, Michigan State University (1981)
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Abstract

Jeremy Bentham's An Introduction to the Principles of Morals and Legislation is generally considered to be written in simple, clear English. Even though it is dry and dull at points, it is readable and easily understood. Although certain sentences are long and convoluted, and at least one chapter is far too long, even Bentham's critics focus their attention on possible inconsistencies, not on lack of clarity. They understand what Bentham is saying even if they do not agree with it. ;This work agrees that An Introduction to the Principles of Morals and Legislation is fairly easy to understand. It contains no surprises, nor intricate logical maneuverings. However, this work will claim that Bentham's Principles of Morals and Legislation has suffered from interpreters with tunnel vision. Far too often, the focus on The Principles of Morals and Legislation has been only on the hedonistic calculus and portions of Chapter I. These chapters are evaluated for their ethical import, shown to be lacking, and then Bentham is dismissed as a shallow thinker. ;In this work The Principles of Morals and Legislation is shown to be primarily an introduction to a penal code. Evidence supporting this view is drawn from the entire work--from the preface to the last chapter. Even the calculus chapter will be shown to have as its intellectual foundation a work on punishment. The analysis of actions, motives, and intentions is included in The Principles of Morals and Legislation so that the legislator may identify a mischievous act, i.e., one which calls for punishment. Having identified such an act, Bentham then discusses punishment, and a necessary condition for punishment--an offense. ;Supporting all this discussion of legislation and punishment is Bentham's basic assumption: the principle of utility is the only adequate guide for human action. This assumption directs Bentham's entire book. It could more appropriately have been named: An Introduction to a Penal Code from a Utilitarian perspective. ;This dissertation serves a corrective function. Bentham's Principles of Morals and Legislation was originally written as an introduction to a penal code. When this is kept in view, the book is shown to have a unity, coherence, and clarity of purpose, which has not been generally acknowledged

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