POLS 250 Study Guide - Midterm Guide: John Stuart Mill, Legal Positivism, James Mill
4 Mar 2017
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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.
