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How did Jeremy Bentham apply utilitarian ideas to legal reform?
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Utilitarianism
English philosopher and economist Jeremy Bentham's preserved skeleton in his own clothes and surmounted by a wax head, at University College London.
Jeremy Bentham, the founder of modern utilitarianism, applied his ethical theory—which holds that actions are right if they promote the greatest happiness for the greatest number—to transform the legal system into a tool for social progress.123
His approach to legal reform included several key strategies:
- Codification: Bentham argued that law should be made by legislators rather than judges. He sought to replace the "confused" and inaccessible common law with clear, written legal codes that ordinary citizens could understand.24
- Critique of Legal Fictions: He attacked historical anomalies and "legal fictions," arguing that the law must be transparent and useful to the public. He famously criticized common law as "dog law," where principles are applied retrospectively, preventing citizens from knowing how to avoid liability.24
- Legislative Purpose: Bentham believed the aim of legislation should be to maximize community happiness by creating an identity of interests. He viewed punishment as an evil that should only be used if it prevents a greater evil.53
- Political Radicalism: He advocated for democratic reforms, including woman suffrage, the secret ballot, and equal electoral districts, to ensure the government served the interests of the many rather than the few.3