Why did Jeremy Bentham call natural rights ânonsense upon stiltsâ?
Jeremy Bentham, a founder of utilitarianism, famously dismissed the doctrine of natural rights as "nonsense upon stilts" because he believed that rights are exclusively the creation of law.
In Benthamâs view, "real rights" can only originate from "real law." He argued that the concept of a "law of nature" is an imaginary construct, and therefore, any rights derived from it are equally imaginary. By describing these claims as "nonsense upon stilts," he was criticizing the use of high-sounding, rhetorical language to assert rights that lacked a basis in actual, enforceable legislation. He feared that such declarations were merely substitutes for the effective, practical legislation needed to govern society.1
Benthamâs rejection of natural rights was consistent with his broader ethical system, which held that the only meaningful standard for "right" and "wrong" is the utility of an actionâspecifically, its ability to increase pleasure and decrease pain. Consequently, he viewed natural rights as metaphysical fictions that distracted from the necessary work of legal and social reform.21