ENT 526 Lecture Notes - Lecture 5: John Stuart Mill, Jeremy Bentham, James Mill
4 May 2018
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Pols 250 Exam Summaries: Jeremy Bentham
1748-1832 devoted his life to legal reform with focus on legal positivism.
Legal Positivism:
“The existence of law is one thing, its merit and demerit is another.” John Austin
● Emphasis on conventional nature of laws → descriptive vs. critical jurisprudence
○ Obligation not grounded in social contract or religion
● Obligation grounded on utility → natural rights as ridiculous
Utilitarianism:
“The greatest happiness of the greatest number…”
● Consequentialist principle: right action produces best consequences
○ Bentham’s consequences: pain and pleasure
● Hedonistic view of happiness → only good thing as pleasure, only bad thing as pain
Bentham’s Calculus of Happiness:
1. Intensity of pleasure
2. Duration of pleasure
3. Certainty/uncertainty of pleasure
4. Remoteness of pleasure (nearness in time)
5. Fecundity (likelihood of further pleasure)
6. Purity (likelihood of pain)
7. Extent (number of person’s affected)
…inspired cost-benefit analysis
Democracy:
Democratic reform required by greatest happiness principle.
● Eg. Bentham’s Plan of Parliamentary Reform, James Mill’s Essay on Government
○ Minimise costs of abusing power, allow government to secure goods
○ Accountability of governor to those governed
■ Monarchy is not justified as in best interests
■ Direct democracy as too inefficient
■ ∴ Representative Democracy is best
○ Bentham suggesting annual elections with no reelection except in certain
circumstances (corruption) and believing all should vote over 21 →
disenfranchisement alienates people from community
○ James Mill supported reelection, and stated men over 40 should vote →
householders should care for their women
Critique:
1. Account of human welfare
● Welfare = experience of pleasure:
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
1748-1832 devoted his life to legal reform with focus on legal positivism. The existence of law is one thing, its merit and demerit is another. john austin. Emphasis on conventional nature of laws descriptive vs. critical jurisprudence. Obligation not grounded in social contract or religion. Obligation grounded on utility natural rights as ridiculous. Consequentialist principle: right action produces best consequences. Hedonistic view of happiness only good thing as pleasure, only bad thing as pain. Bentham"s calculus of happiness: intensity of pleasure, duration of pleasure, certainty/uncertainty of pleasure, remoteness of pleasure (nearness in time, fecundity (likelihood of further pleasure, purity (likelihood of pain, extent (number of person"s affected) Bentham"s plan of parliamentary reform, james mill"s essay on government. Minimise costs of abusing power, allow government to secure goods. Monarchy is not justified as in best interests. Bentham suggesting annual elections with no reelection except in certain circumstances (corruption) and believing all should vote over 21 disenfranchisement alienates people from community.
