BENTHAM's UTILITARIAN approach to law was:
Answer & Solution
Correct answer: C.
1. JEREMY BENTHAM (1748-1832), English philosopher and legal reformer, founded UTILITARIANISM in his 'An Introduction to the Principles of Morals and Legislation' (1789).
2. KEY IDEAS:
3. (i) PRINCIPLE OF UTILITY — actions are right insofar as they promote happiness (pleasure), wrong as they produce unhappiness (pain);
4. (ii) 'GREATEST HAPPINESS OF THE GREATEST NUMBER' — the foundation of morals and legislation;
5. (iii) FELICIFIC CALCULUS — calculating intensity, duration, certainty, propinquity, fecundity, purity, extent of pleasures/pains;
6. (iv) LAW REFORM — Bentham advocated codification (he coined the word), abolition of irrational laws, prison reform, democratic reforms.
7. (v) Critique of NATURAL RIGHTS as 'nonsense upon stilts'.
8. (vi) Critique of common law and unwritten laws.
9. Bentham's INDIA: he influenced Macaulay's Indian Penal Code 1860 through Macaulay's utilitarian training.
10. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Jeremy Bentham, 'An Introduction to the Principles of Morals and Legislation' (1789)_
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