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Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
Principles of Penal Law - Jeremy Bentham - Jeremy Bentham (15 February 1748 - 6 June 1832) was an English philosopher, jurist, and social reformer. He is regarded as the founder of modern utilitarianism. Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong." He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated individual and economic freedom, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and the decriminalising of homosexual acts. He called for the abolition of slavery, the abolition of the death penalty, and the abolition of physical punishment, including that of children. He has also become known in recent years as an early advocate of animal rights. Though strongly in favour of the extension of individual legal rights, he opposed the idea of natural law and natural rights, calling them "nonsense upon stilts." Bentham was an obsessive writer and reviser, but was constitutionally incapable, except on rare occasions, of bringing his work to completion and publication. Most of what appeared in print in his lifetime was prepared for publication by others. Several of his works first appeared in French translation, prepared for the press by Etienne Dumont, for example, Theory of Legislation, Volume 2 (Principles of the Penal Code) 1840, Weeks, Jordan, & Company. Boston. Some made their first appearance in English in the 1820s as a result of back-translation from Dumont's 1802 collection (and redaction) of Bentham's writing on civil and penal legislation."
The first five volumes of the Correspondence of Jeremy Bentham contain over 1,300 letters written both to and from Bentham over a 50-year period, beginning in 1752 (aged three) with his earliest surviving letter to his grandmother, and ending in 1797 with correspondence concerning his attempts to set up a national scheme for the provision of poor relief. Against the background of the debates on the American Revolution of 1776 and the French Revolution of 1789, to which he made significant contributions, Bentham worked first on producing a complete penal code, which involved him in detailed explorations of fundamental legal ideas, and then on his panopticon prison scheme. Despite developing a host of original and ground-breaking ideas, contained in a mass of manuscripts, he published little during these years, and remained, at the close of this period, a relatively obscure individual. Nevertheless, these volumes reveal how the foundations were laid for the remarkable rise of Benthamite utilitarianism in the early nineteenth century. In 1789 Bentham published An Introduction to the Principles of Morals and Legislation, which remains his most famous work, but which had little impact at the time, followed in 1791 by The Panopticon: or, The Inspection-House, in which he proposed the building of a circular penitentiary house. Bentham’s correspondence unfolds against the backdrop of the increasingly violent French Revolution, and shows his initial sympathy for France turning into hostility. On a personal level, in 1791 his brother Samuel returned from Russia, and in 1792 he inherited his father’s house in Queen’s Square Place, Westminster together with a significant property portfolio.
John Stuart Mill’s Utilitarianism is a philosophical defense of utilitarianism, a moral theory stating that right actions are those that tend to promote overall happiness. The essay first appeared as a series of articles published in Fraser’s Magazine in 1861; the articles were collected and reprinted as a single book in 1863. Mill discusses utilitarianism in some of his other works, including On Liberty and The Subjection of Women, but Utilitarianism contains his only sustained defence of the theory. In this Broadview Edition, Colin Heydt provides a substantial introduction that will enable readers to understand better the polemical context for Utilitarianism. Heydt shows, for example, how Mill’s moral philosophy grew out of political engagement, rather than exclusively out of a speculative interest in determining the nature of morality. Appendices include precedents to Mill’s work, reactions to Utilitarianism, and related writings by Mill.
The author intends to justify the laws that seem to be perpetuating harm to the men. He contends that although such laws cause restrictions in liberty, they are designed to prevent further aggravation and harm to the people. He concludes that such laws are necessary to avert additional problems....