Bentham's Utilitarianism
Exam Snapshot
Bentham's legal philosophy, defining law as the command of a sovereign to promote the greatest happiness, is a staple of jurisprudence MCQs.
Core Concept
- Principle of Utility: The purpose of law is to achieve the "greatest happiness of the greatest number."
- Command Theory: Law is a command issued by a sovereign, backed by sanctions.
- Felicific Calculus: A method to measure pleasure and pain based on 7 factors (intensity, duration, etc.).
Nepal Law Anchors
- Legislation: Like Bentham's focus, Nepali statutes (Muluki Codes 2074) are enacted by the sovereign (Parliament) to serve societal needs.
- Sanctions: Criminal codes (Muluki Criminal Code 2074) function as Bentham's political sanctions to enforce behavior.
Confusable Terms
- Utility vs. Natural Rights: Bentham argued rights are creations of law, not natural/inherent.
MCQ Traps
- Purpose of Law: Do not choose 'protecting inherent rights'; choose 'maximizing collective happiness'.
- Nature of Law: It is a command, not a moral imperative.
Example
Scenario: A law is passed to increase taxes on luxury goods to fund public health. According to Bentham, is this justified?
Answer: Yes, if it increases the total happiness of the community.
Memory Hook
- Utilitarianism: "Utility = Happiness."
Quick Revision
- Theory: Utilitarianism.
- Law: Command of the sovereign.
- Measure: Felicific Calculus.
- Sanctions: Physical, Political, Moral, Religious.