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Jeremy Bentham in Law
Transcript of Jeremy Bentham in Law
the law in Bentham's view was in dire need of revision and he set out, in his life's work, to reform it.
In 1776 he brought out his major work, a fragment on government Biography The theory is very simplistic, it relies on one single principle. Weaknesses of Argument it encourages a democratic approach to decision making, and minorities are not allowed to dominate. Strengths of Arugment Bentham believed that capital punishment is a less effective penalty than life imprisonment, especially if that imprisonment included hard labour Jeremy Bentham did not practice law but he decided to devote his energy to plans and programs for the reform of the social order Bentham's Philosophy on Law View on Civil Disobedience Jeremy Bentham’s concept of the quality of being just; righteousness, equitableness, or moral rightness was everyone’s happiness and harmony in society. How Bentham Defines Justice Utilitarianism is based on the majority of people being happy but there is always a small minority of people that aren’t. The amount of happiness and pain is hard to define record it. Even in it's basic principle, utilitariansim does not follow the guide of the law. The principles are not confidential or unverifiable it is available for everyone. it considers the consequences of all actions, which is key in building a civilized society. If people were not aware of consequences then there would be no deterrent to commit crime. In his view, law had the following requirements: the existence of an authoritative body, to which citizens are in a “habit of obedience”; legal pronouncements or commands, issued by the authoritative body to political inferiors; the obligation of a duty of obedience; and enforcement through the threat of penalties or legal sanctions Accordingly the theory of positive law was the groundwork for his ideas on the way law should operate. Behind positive law was the idea that law should serve a useful purpose. In contrast he was very verbal against the idea of natural law and believed that people have always lived in society, and there can be no state of nature Bentham adopted the theory of Utilitarianism. He believed that humans were motivated by the desire to achieve pleasure and avoid pain. Furthermore, the purpose of all laws must provide the greatest good for the greatest number of people Position on Capital Punishment Capital punishment in Bentham’s eyes is a big risk for it cannot be corrected if the person was wrongly convicted He uses an expression saying it would be better to convict 10 men to a life sentence than one sentence of death to an innocent man Bentham would oppose the idea of civil disobedience. Bentham says that law is necessary for social order, and good laws are essential to good government. He believes law plays a positive role in government, and helps to achieve well-being for communities LAW = GOOD Disobeying law would be knowingly setting back society in Bentham’s eyes. civil disobedience = bad At his time, there were no individual rights and people were organized in to statuses. Rich people got richer and poor people got poorer. Poor people did get some supports but they weren’t effective enough to solve the problem of people who were sitting out on the streets. What was needed was change of society to recognize everyone including the riches and the poors. He believed that humans’ right and wrong were determined by pain and pleasure. Recognition of every individuals and satisfying them as much possible with those laws that would make them happy was the way to bring peace and keep justice to Bentham. How can Jeremy Bentham's theory be applied to the following modern issues; education, economics, healthcare? Now, it's BINGO time!
There's a prize!
Now it's your turn! What year was Jeremy Bentham born in? What university did Bentham go to? As a result of his instructions from his will, what happened to Bentham's body? In his view, what requirement does law need to have? What is his main belief? What theory was he against? What is one weakness in the utilitarianism theory? Because it considers the consequences of all actions, this is a ______ in Bentham's theory Bentham is against this controversial issue: According to Bentham, he would rather convict ___ men then sentence an innocent man to death In his view, what was human's right and wrong determined by? What year did Bentham die? How should law be enforced?