Bentham, Jeremy

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Bentham, Jeremy

Jeremy Bentham.

"Every law is an infraction of liberty."
—Jeremy Bentham

Described as a philosopher, jurist, and reformer, Jeremy Bentham is possibly best known as one of the leading proponents of Utilitarianism. Although he was a devoted scholar who spent much of his life writing about legal reform, he published little. Regardless, Bentham had a profound effect on the politics of his day, influenced many of his contemporaries (including eminent British philosopher John Stuart Mill), and introduced a number of terms and definitions, which are still used today in the study of philosophy, economics, and politics.

Bentham was born February 15, 1748, in Houndsditch, near London, into a family of attorneys. He was educated at Oxford and admitted to the bar, but decided not to follow in the footsteps of his father and grandfather. Instead of practicing law, Bentham chose to pursue a career in legal, political, and social reform, applying principles of ethical philosophy to these endeavors.

He was greatly influenced by the work of Claude-Adrien Helvétius, a French philosopher who believed that all persons are intellectually equal and that differences arise solely from educational opportunities. Helvetius also formulated a theory that good is measured by the degree of self-contentment experienced by a person, and that self-interest is the compelling force for all action. This latter belief had a profound effect on Bentham, who incorporated the idea in the formulation of the basic principles of utilitarianism.

In 1789, Bentham gained public attention with the publication of his Introduction to the Principles of Morals and Legislation, which set forth his fundamental principles. He believed that the greatest happiness for the greatest number is the basis of morality. Happiness and pleasure were the same, and included social, intellectual, and moral as well as physical pleasures. According to Bentham, each pleasure has certain characteristics, including intensity and duration, and he established a scale of measurement to judge the worth of a pleasure or a pain.

Bentham further opined that each person strives to do what makes him or her happiest. The happiness of an individual and the General Welfare are complementary; the achievement of the greatest amount of happiness is the goal of morality.

Bentham applied his views to reform legislation, feeling that the purpose of the law was to maximize total happiness within the limitations of government. As a result, he achieved great advances in prison reform, Criminal Law, civil service, and insurance and was active in the compilation of laws into comprehensible text.

Bentham is particularly noted for his theories of punishment. He claimed that all punishment required justification, because he believed that all punishment is inherently evil. Bentham also believed that to a utilitarian such as himself, real justice is less important than apparent justice. In other words, Bentham believed that seeing justice done is more important than justice actually being done.

Influenced by the work of Italian philosopher cesare beccaria, Bentham formed some harsh notions of punishment, such as his belief that in certain cases torture could be justified. He wrote that punishment was a relatively weak disincentive against Recidivism, and that there is always a risk that an offender will commit another offense. He suggested that torture removes this risk because torture ceases immediately when a subject complies with the demands of authority. Of course, this idea discounts the question of whether the subject can in fact comply.

As a theorist of punishment, Bentham was naturally interested in the English penal system. His studies led him to develop a model of an English prison that applied his theories of punishment to incarceration. He called his model the "Panopticon." The Panopticon was a prison building—and a whole system of incarceration—that allowed guards total surveillance and physical control over prison inmates. Writing of the Panopticon, Bentham claimed that hard labor, constant surveillance and monitoring, and solitary confinement (for purposes of reflection and repentance) were fundamental requirements needed to reform and rehabilitate criminal offenders. This theory builds upon the notion that punishment can be the means to make an offender lead a life of moral and civil rectitude.

Bentham attempted to persuade President James Madison to adopt a code of laws that he himself had devised. The philosopher was careful to cite existing rules and previous cases to illustrate that his legal theories were sound. Madison rejected Bentham's idea in 1811, but in the 1830s, a group of U.S. reformers adopted several of his policies with the objective of formulating a simplified code of law.

When Bentham died June 6, 1832, he left behind a vast number of manuscript pages, as well as a large estate. Funds from the estate were used to help launch University College, London, an institution which was established to educate students excluded from universities of the day. In accordance with Bentham's instructions, upon his death his body was dissected, embalmed, dressed, and seated in a chair. The seated Bentham is housed in a cabinet in the main building of University College.

Further readings

Ben-Dor, Oren. 2000. Constitutional Limits and the Public Sphere: A Critical Study of Bentham's Constitutionalism. Oxford; Portland, Ore.: Hart.

"Bentham, Jeremy." The Internet Encyclopedia of Philosophy. Available online at <> (accessed May 7, 2003).

Burns, J. H., and H. L. A. Hart, eds. 1970. "Jeremy Bentham." In An Introduction to the Principles of Morals and Legislation. London, England: Athlone.

Engelmann, Stephen G. 2003. Imagining Interest in Political Thought: Origins of Economic Rationality. Durham, N.C.: Duke Univ. Press.

Kelly, Paul Joseph. 1997. Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law. Oxford: Clarendon.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
As such, shrunken Benthamism is at least consistent with the prospective geneology of law discussed above; a view of law that Unger has described elsewhere as 'interest group pluralism', that is, law expressed in the vocabulary of interests and interest groups.
So for both West and Unger these economic, and purportedly objectivist, scientific analyses of law that Unger labels 'shrunken Benthamism', rather than representing a 21st century censorial jurisprudence that might provide an external, normative basis to critique and reform law, instead compliment conventional doctrinal approaches in casting an institutionally conservative, rationalising spell over legal thought.
As Unger points out in the new addition of The Critical Legal Studies Movement, the problem is real in that retro-doctrinalism and shrunken Benthamism have supplemented reasoned elaboration to some extent as popular modes of legal discourse, so that it seems that formalist and objectivist ideas about law continue to re emerge within the 21st century legal thought and culture.
Mill's correspondence through 1830 is similarly void of any overt apostasy from Benthamism or the Radical creed.
On its face it suggests that the mental disruption was not a crisis of philosophic creed (Benthamism) or political identity (Radicalism), but of vocation (Reformer).
(15) Dicey, "Lecture VI: The Period of Benthamism or Individualism I" from Lectures.
In views on economic life, especially regarding the ways of industrial development, extreme Benthamism in one form or another but most often of a Marxist kind dominates; the fiction of economic man is accepted without analysis or criticism.
Often in our society, the pursuit of productive development and the very creative initiative are being interpreted exclusively from the prism of class Benthamism, as "bourgeoisies-ness," a drive for a lucre; and, to the opposite, the intelligentsia professionals, irrespectively of their high dependence on industry and on "capital" (advocateship, literature, technology) are usually estimated by a completely different measure as something superior, full of ideal, and dignified.
It is all well and good to embrace a rather arhetorical Benthamism, but when one begins to see the need for poetry and rhetoric in theories of political philosophy, that embrace can seem rather sterile.
Civil laws, on the contrary, have more for their object the moral goodness of men in general than that of individuals." (22) Benthamism's relocation of moral agency from the individual to "men in general," as well as its simultaneous projection of moral agency onto "society" or social institutions, resembles the similar transfer so prominent in the thought of Rousseau and Marx.
John Stuart Mill's successful "revision" of Benthamism, his successful attack on the "in-itself" morality of the "transcendentalists," and his successful promotion of Comtean altruism made him a major carrier of the consequentialist, "social"-ist ethic into the Anglo-American liberal tradition.