Legal Definitions - Benthamism

Benthamism is an ethical and political philosophy founded by Jeremy Bentham. It is a specific form of utilitarianism, known as hedonistic utilitarianism, which asserts that the most morally correct action or policy is the one that produces the greatest good for the greatest number of people. In this context, "good" is primarily understood as pleasure or happiness, and "bad" as pain or suffering. Therefore, Benthamism advocates for evaluating actions and policies based on their consequences, with the ultimate goal of maximizing overall happiness and minimizing overall suffering across society.

• Example 1: Public Health Policy

  A city government is deciding whether to implement a mandatory mask mandate during a widespread flu season. From a Benthamite perspective, the decision would involve weighing the collective discomfort and perceived loss of individual freedom (minor pain for many) against the potential for widespread illness, hospitalizations, and deaths (significant pain and suffering for many, including healthcare system strain). If the mandate is calculated to prevent a greater sum of suffering and promote a greater sum of health and well-being for the majority of the population, it would be considered the more ethical choice under Benthamism.

• Example 2: Urban Development

  A developer proposes building a large shopping mall on a piece of land currently used as a community garden and small park. A Benthamite analysis would require assessing the total happiness and suffering generated by each option. The mall might create jobs and offer new retail options (happiness for some workers and shoppers), but it would also displace a green space used for recreation, food production, and community gathering (pain for gardeners, park users, and those who value green spaces). The decision would hinge on which option is projected to yield the greatest net happiness for the largest number of people in the community, considering both economic benefits and social/environmental impacts.

• Example 3: Corporate Social Responsibility

  A manufacturing company discovers that one of its popular products, while profitable, causes minor environmental pollution during its production process. A Benthamite approach to this dilemma would involve comparing the happiness derived from the product's affordability and the company's profits (happiness for consumers and shareholders) against the suffering caused by environmental degradation, such as harm to local ecosystems or potential health issues for nearby communities (pain for affected residents and the environment). The company, operating under Benthamite principles, would seek to implement changes or invest in cleaner production methods if the aggregate reduction in suffering and increase in overall well-being for society outweighs the financial costs to the company.