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Simple English definitions for legal terms
Benthamism
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A quick definition of Benthamism:
Benthamism is a philosophy that believes the best social policy is one that benefits the most people. It judges actions based on the pleasure they create or the pain they cause, and recommends actions that create the greatest good for the greatest number of people. This philosophy is called utilitarianism and is a type of consequentialism. It is often associated with the work of Jeremy Bentham, who believed that laws should promote the greatest happiness for the greatest number of citizens. Benthamism is also known as hedonistic utilitarianism, which means that pleasure is good and pain is bad. Punishing someone is only justified if it results in a net increase of pleasure by deterring future harmful behavior.
A more thorough explanation:
Benthamism is a type of utilitarianism, which is a philosophical and economic doctrine that believes the best social policy is one that benefits the greatest number of people. It judges the rightness or wrongness of actions based on the pleasure they create or the pain they inflict, and recommends actions that create the greatest good for the greatest number.
For example, if a law would promote the greatest happiness for the greatest number of citizens, then it is considered valid according to Benthamism. This theory is often associated with Jeremy Bentham, whose ideas greatly influenced legal reform in 19th-century Britain.
Hedonistic utilitarianism is a type of Benthamism that believes pleasure is good and pain is bad. Therefore, inflicting pain, such as punishing a criminal, is only justified if it results in a net increase of pleasure by deterring future harmful behavior.
Overall, Benthamism is a way of analyzing intellectual-property rights from the perspective of society rather than the individual inventor, author, or artist. It justifies these rights as an incentive for social and technological progress.