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Subject Area: Political Theory
Subject Area: Law

Principle of Utility. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 10 (Memoirs Part I and Correspondence) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 10.

Part of: The Works of Jeremy Bentham, 11 vols.

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Principle of Utility.

“If there are instances in which those ends of punishment which are subordinate to that principle, are [without the introducement of a mischief greater than the benefit of their being attained in this manner] more effectually to be obtained by punishment thus applied than otherwise, then your proposition, as a universal one, (and as such you give it,) is not true. If there are not, then it is true: but self-evident it is not.

“It is really true, because it is conformable to the principle of utility. Apparently true, because in those instances of its application which are most obvious, its conformity to the principle of utility being obvious to the eyes of most men, the truth of it findeth reception with, and makes its way to the eyes of most men.

“It is indisputable truth, says another, that no act should be punished criminally without a criminal intention. Is it not so? I don’t know. In the first place I don’t understand you. I suspect you don’t altogether understand yourself. Settle with yourself what you mean by the word “intention;”* and then state your question to the principle of utility. If you get an answer that is fit to satisfy you, it must be from that.

“The opinion of the world (I am speaking of the people in this country) is commonly in favour of the principle of utility: it sometimes is against it. According to most of its judgments, that principle should be just: according to some of them, it should be false.

“Other standards are occasionally set up, which, when examined, appear to be either the same standard under a disguise, or no standard at all, but a man’s own opinion [under a disguise] new dressed out, and brought into court to give testimony for itself.

“What is it that a man means when he asks for a reason why he should do a thing? Some consideration from which it may appear that the doing it will make for his happiness. What is it that a statesman means when he asks for a reason why such a thing should be done? Some consideration whereby it may appear that its being done will make for the happiness of the state.

Utility citius per se quam per Textus.

“Maxims of utility are propositions deduced from the testimony of sense. Now, it is as much safer as it is shorter, to trust to one’s senses, than to one’s interpretation of a book, filled (it is no matter for this purpose from what cause nor from what necessity since the fact is undisputed) with obscurity and apparent contradictions.”

[* ] There is an ambiguity in this word: some understand it always in its proper sense; others understand it sometimes in that sense, and sometimes in that of the word motive. Because they both use the same word—they do not perceive but what they both mean the same thing; but the two things are entirely different.