Bentham's Utilitarian Jurisprudence Study

In the late 18 th century,Jeremy Bentham,a British jurist,founded the utilitarian legislative thought.Bentham's utilitarian legislative thought is well-known in the history of western law and plays a role in promoting the development of western law.Bentham's utilitarian jurisprudence not only provides the theoretical basis for the new capitalism to seize the political peak in England,but also plays an important role in the legislative reform movement of the bourgeoisie,which has become an important theoretical thought used for reference in many countries' legislative activities.However,after careful study,Bentham's utilitarian theory of law has some limitations.If we want to explore its positive impact on China's socialism,we need to conduct in-depth exploration of its thoughts.Therefore,based on the background of Bentham's utilitarian legislation,this paper summarizes the origin of Bentham's utilitarian legislation,and then discusses the basic content of Bentham's legislation,Finally,combined with its existence and limitations,combined with the actual situation of China's social development,this paper puts forward some enlightenment of Bentham's utilitarian thought for the development of China's rule of law.This paper is divided into five parts.First of all,the introduction briefly introduces the background and significance of the author's topic,the research status at home and abroad,research ideas,research methods,and innovations and shortcomings.Secondly,through the discussion of the industrial revolution in the 1880 s,the determination of the constitutional monarchy and the cruelty of the British legal system in the 18 th century,this paper interprets the background of Bentham's utilitarian jurisprudence.Secondly,starting from Epicurus' hedonism,French materialist philosopher Elsevier's interest philosophy and Italian jurist Beccaria's utilitarian thought,this paper traces back the ideological origin of Bentham's utilitarian jurisprudence,and grasps the source of Bentham's utilitarian jurisprudence.Thirdly,the author interprets Bentham's utilitarian legislation from three aspects: the principle of dominating human nature: the principle of bitterness and happiness,the principle of utilitarianism and the principle of maximum happiness.Then,by analyzing the core thought of Bentham's utilitarianjurisprudence,this paper discusses the practical significance of Bentham's utilitarian jurisprudence,and analyzes the limitations of Bentham's utilitarian jurisprudence from three aspects: the malpractice of utilitarian principles,the simpleness of social interests and the concession of fairness and justice to benefits.Finally,starting from the current situation of the socialist society and the construction of the socialist rule of law in China,and analyzing the merits and demerits of Bentham's utilitarianism,this paper puts forward how to use Bentham's utilitarianism as a reference,that is,legislation should always implement the people-oriented concept of law,utilitarianism helps to improve the scientificity of legislation and promote the socialist utilitarianism.