Section 3.3: Bentham and the Utilitarians – Learning Resources

Section 3.3 Overview

Section 3.3, “Bentham and the Utilitarians,” delves into the profound influence of Jeremy Bentham’s utilitarian philosophy on legal and criminological theory, highlighting a pivotal shift towards prioritizing societal happiness as the ultimate law and governance goal. It discusses Bentham’s pragmatic approach, which values actions based on their outcomes for societal well-being, advocating for legal reforms focused on societal welfare, clarity, and humanity. This section examines how Bentham’s ideas on seeking the greatest good have shaped penal reform and the criminal justice system, promoting a balance between societal impact and individual welfare. Despite challenges and debates around its implications for individual rights and ethical dilemmas, Bentham’s utilitarianism remains a cornerstone of modern legal and criminological practices, advocating for rational, effective, and collective well-being-oriented approaches in law and societal governance.

Section Level Student Learning Outcomes

• SLO 1: Understand utilitarianism’s core principle of maximizing societal happiness and its impact on legal theory.
• SLO 2: Recognize Bentham’s role in transitioning legal thought to a more scientific, outcome-based framework.
• SLO 3: Identify the influence of Bentham’s utilitarianism on penal reform and criminal justice systems.
• SLO 4: Analyze the opposition to utilitarianism and its ethical implications in modern legal practices.
• SLO 5: Evaluate the contemporary relevance of Bentham’s philosophy in shaping legal and criminological thought.

Modification History

File Created:  02/15/2024

Last Modified:  02/19/2024

[Contents]

This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.