Utilitarian Approach to Punishment in the Light of Bentham's Theory
Document Type : Research Paper
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Abstract
The Bentham's utilitarianism is one of the most important and influential schools which clearly its effective range on ethics and law. Despite its diverse interpretation, utilitarianism in the Bentham's school is not merely pure meditation or, in other word, a non- realistic theory. But, because of its experiential nature it has influenced and dominated, in addition to the structure of ethics, the law making and legislative systems. The theory of utilitarian as the name implies, considers the principle of utility as the basic principle. It is based upon this foundation that only usefulness or, in bather words, necessity of retribution legitimate the right of imposing suffering on their own fellowmen by human beings. Hence, the end and purpose of retribution is to ensure the greatest happiness of the greatest number of people and that kind of retribution is justifiable that would cause general prevention (collective utility).In this paper, we will review, analyze and criticize the utilitarianism from the viewpoint of Bentham. Meanwhile, in addition to the basic aspects of his school of thinking, his influence on next generations and the strength and weakness of his thoughts will be assessed.
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