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PRINCIPLES OF
LEGISLATION

M. S. RAMA RAO [Link]., M.A., M.L.

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PRINCIPLES OF
LEGISLATION [Bentham]

1. The Principle of Utility.

2. The Ascetic Principle.
3. The Principle of Sympathy & Antipathy.
4. Operation on Legislation.
5. Objection to Utility.
6. Kinds of pleasures & pains.
7. Sanctions.
8. Measures of Pains & Pleasures.
9. Sensibility.
10. Political Good & Evil.
11. Reasoning behind offences.
12. Moral & Legislation.
13. False Reasoning.

Text - Book
Bentham . Theory of Legislation.
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QUESTIONS BANK

1. Discuss the Principles of Utility.

2. What are the objections to the Principle of
Utility and how does
Benthan counter them.
3. (1) Bring out the significance of Arbitrary
Principle. Account for
Bentham's rejection of this Concept.
(2) Enumerate and briefly explain the causes of
Antipathy.
4. (1) What are the different kinds of Pleasures and
Pains,
(2) State and explain the various simple pleasures
and simple pains catalogued by Bentham.
5. Discuss how Bentham explains the 'Sanction'
with his theory of
pleasure and pain.
6. Account for the erection of certain acts into
offences.
7. Discuss the limits within which Morality &
Legislation Operate.
8. 'On the subject of Legislation, false reasoning is
seriously objected to,
by Bentham' - Explain.
9 How does Bentham analyze political good &
evil. How are they '"" diffused through society.
9. Briefly state the method adopted by Bentham to
measure pleasures and pains.
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INTRODUCTION
Jeremy Bentham, the celebrated architect of
the concept of utilitarianism, in his works 'The Theory
of Legislation', and 'Introduction to the Principles of
Morals & Legislation' not only enunciated his moral and
legal philosophy but also provided a manual of
instructions to the conscientious legislator, who in
this philosophy, finds gleanings into the Sociology of
law.
The subject is full of theories and expositions of
the fundamentals, touching the concept of pleasure and
pain. But there is much glamour in reading these
chapters. All the chapters centre round his concept
of pleasure and pain.
In reading these chapters, you experience
pain. But, surely the pleasure will be proportionately
more in the Exam, when you come out with great success
* * *
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CONTENTS

Chapters Pages Chapters

Principles of Legislation Legislative Drafting

Introduction Syliabus 1. Nomography
Questions - Bank 1. Legislative Drafting

1. Utility 2. Materials
1. Bentham's Theory 2. Classification 4-
2. Objections 1 3. Rules of Composition 4.
2. Pleasure & Pain Delegation
1. Two Sovereign Masters Delegation of Legislative
2. Ascetic Principles 3 Powers
3. Sympathy & Antipathy 4 5. Miscellaneous
1. Principle 1. Title 7 9
2. Causes of Antipathy 5 2. Preamble
3. Influence on Govt. 6 3. Commencement Clause 11
4. Kinds of Pleasures 6 4. Definitions 12

5. Sensibility 7 5. Proviso
6. Offences 9 6. Municiple Bye - laws 13
7. False Reasoning 10 8. Flaws in Drafting
8. Morals & Legislations 11 1. As if enacted
9. Sanction 13 2. Kings English
14 9. Subordinate Legislation
10. Drafting
Example
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CHAPTER 1
UTILITY
Ch. 1 Bentham's Theory of Utility
Bentham's book 'The Theory of Legislation' is a masterpiece in the
field of law. Bentham's objective is to educate the legislators and to provide
them with a sound philosophy broad-based on the theory of Utilitarianism.
Legislation is a science and an art. It is a science as it contains
certain basic principles to do good to the community and it is an art when
it provides for the various means to achieve the good.
The objective of the legislator mast be to do public good. He may
base his reasons on general utility.
Utility is the basis of Bentham's theory. The principles of utility form
the basis of his reasoning,
On an analysis of the principles of utility, we find that all our ideas,
judgements and determinations spring from certain motives: pleasure and pain.
It is the duty of the moralists and the legislators to make a great
study of these two concepts pleasure and pain.
Utility is an abstract term. It expresses some propensity or tendency
of a thing to prevent some evil or to do some good. Evil is pain or the
cause of pain. Good is pleasure or the cause of pleasure. Hence, anything
which conforms to this utility, brings happiness to the individual. The
legislator must have the objective to augment the total sum of the
happiness of the individuals that form the community.
Utility is the first principle-the first link in the chain. The legislators
reasoning for making a particular law, must be based on this principle.
Utility has a commendable logic behind it. In making law, the legislator
must calculate or compare the pleasure or the pain that it brings about.
Here pleasure & pain are used in the ordinary meaning i.e., what
everybody feels when put in a situation it is the experience of the peasant
and the prince, the unlearned and the philosopher.
Utility as a principle has its essence in the virtue and the vice. Virtue
is good as it brings pleasures, vice is bad as it brings evil. Moral good is
good as it brings pleasure to the man, Moral evil is bad as it brings pain
to the man.
The legislator who believes in the theory of utility, finds, in the
process of law-making, a number of these virtues and evils, that the
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proposed law may bring about. His objective must be to bring more virtue,
He must also distinguish pretended virtues and evils from the real virtues
and evils.
These are the facets of the concept of utility and based on this
exposition Bentham develops his philosophy of utilitarianism. His works
'the theory of legislation' and 'Introduction to the principles of Morals and
Legislation', form a manual of instructions to a legislator. A knowledge of
these, makes the legislator appreciate the moral and legal philosophies of
Bentham and also to get an insight into the sociology of law.
Ch. 1-2 Objections to Utility

(a) Bentham is rightly called the Partriarch & the chief exponent of
the theory of utilitarianism. His principle of utility, based on pleasure &
pain-is applied by him, to explain the basis of political obligations; it is the
end objective of Govt. and legislation.
Man obeys the law and lives in a politically organised society for it is
the best way of securing his interests and happiness. In fact, political life is
based on the principles of utility. Hence, Laws, the measures of the
Government, political institutions and rights are to be judged and justified
according to the principles of utility. The greatest happiness of the greatest
number is the basi« of utility.
(b) Objections :
Though this theory is sound and practicable some objections have
been raised.
i) Some trifling objections may be raised based on verbal difficulties.
These are not substantial, but still require careful attention.
ii) The language used to explain the result of utility is virtue. But
this is objected to on the ground that Virtue' is generally understood as
opposed to utility. According to Bentham this is not correct. Virtue is the
sacrifice of a less interest to a greater, from a doubtful to a certain definite
interest. Hence, the place of virtue is secured. If a person calculates badly,
and arrives at a wrong result, the mistake is not that of arithmetic but the
man. This is true in respect of virtue.
iii) It is commented that the principle of utility is only a revival of
epicureanism (Phiosophy of Epicure, Greek philosopher : who tought
pleasure was the chief good). This is not true, according to Bentham. The
epicurian doctrine had damaged the basis of morals & moral values. It was
a dangerous concept, and, has nothing to do with utility.
iv) What is utility is judged by each person and hence, it is objected
that it loses its force.
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Bentham points out that man is a rational being and hence, must have
this faculty otherwise he would be an idiot.
v) The next objection is put on the basis of the religious principle;
the will of God; it is universal, sovereign and decides the good and evil.
Hence, it is the only rule.
Bentham answers this by saying that the will of God is expressed b y
man by presuming what it would be. That is why revelations or gospels are
different.
Hence, this objection is not correct.
vi) T he next obj ect ion is that w hen u til it y is to be fo llow ed in
politics, there would be a difference. The aim of good morals is different
from the aim of politics. Bentham answers saying that the ultimate aim of
both is securing happiness.
vii) The next objection is, that which is useful may not be just and
honest. This is not so. The collective idea is important.
viii) Lastly it may promote opprtunism in people because under a
contract a person can commit a breach for his own advantage. This is also
not true Bentham sa ys. It is the utilit y of contract which is the force to
it, riot the agreement itself.

Alternative :
There is no alternative to the principle of utility. What is the substitute?
Bentham asks, is it a (1) despotic principle or (2) a capricious principle
on the feelings of individuals ? Hence, utilitarism is the best and the only
solution Bentham claims.

CHAPTER 2

PLEASURE AND PAIN

Ch. 2-1 Pleasure & Pain: Two Sovereign Masters. (Chapters 1, 7 & 8)
Bentham in enunciating his concept of utility, speaks to the tendency of
a thing to secure some good and to shield from evil. E vil means pain ;
Good means pleasure. Hence, pleasure and pain become the starting point-
the first link in the chain-to define utilit y. A comparative estimate or
calculus of pains or pleasures should be made in every process of providing
orderly reasoning.
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Explaining the status of these two : pleasure & pain, he states 'Nature
has placed mankind under the governance of two sovereign masters, pleasure
& pain'.
Bentham's theory is clear. We owe all our ideas, and, we refer all our
decisions to the two sovereign masters, namely, pleasure & pain. To seek
pleasure, and, to avoid pain is the sole aim of mankind. Every moralist
amd every legislator must study mainly this naked truth of life - an
unmistaken reality of life. Every aspect of utility is subject to these two
motives of human being i.e., seeking pleasure and shunning pain.
The concept of sanction (legal force) is also based on pleasures and
pains covered under the heads: Physical, Moral Political & Religious. These
four sanctions have different impacts on individuals.
The measure of pleasure & pain is ably done by Bentham by referring
to the value of pleasure. He finds four circumstances as to :
i) its intensity
ii) its duration
iii) its certainty &
iv) its proximity
He further elaborates this with reference to its productiveness, its
purity and its extent.
In this process, legislation is like arithmetic. Income is the 'good' that
law brings, pain is the outgo. This is an analytical method. This theory of
moral calculation is done in making the law, to provide more good and less
pain.
Hence, Bentham is correct when he claims that all persons are subject
to this concept of pleasure and pain.

Ch. 2-2 The Ascetic Principle (Chapter 2).

Ascetic means 'one who practices'. It refers to the monks who practice
penitence & devotions. They desire to reduce pleasures and to suffer pain.
This Ascetic principle is opposed to the principle of utility. It is
followed mainly by philosophers and devotees. The philosophers raise above
humanity, and despise vulgar or sexual pleasures. In return, they get
reputation and glory in society.
Bentham says that these are 'foolish people' tormented by vain terrors.
According to them, they feel that they should punish themselves so that
they may not be born again. Their objective is to reduce pleasures to the
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minimum and to suffer pain. Each pain brings happiness in the other
world.
These persons have a horror of pleasure. Everything that gratifies the
senses is criminai, odious and therefore to be abandoned.
They approve everything that diminishes enjoyment. They blarne
everything that helps to increase enjoyment.
Asceticism has its origin in the concept that attraction of certain
pleasure may lead a person astray and force him to commit pernicious acts.
The evil here was more than the good. Hence, it was prohibited. But, the
basis of all good laws and sound morals is also to forbid such pleasures as
would bring bad effects in society. No doubt the ascetics have taken their
principle to the extreme. They have made a frontal attack on utility.
Bentham opines that the ascetics have made a mistake. They have
attacked pleasure itself, they have condemned it. They have made it the
object of a general prohibition.
This principle, has not influenced the governments. On the contrary,
every Govt, has the object to acquire more strength & prosperity. Hence,
asceticism has appealed to some individuals. Some monastic orders have
been patronised by some Govts. Beyond this, this principle has made no
impact?.

* * *

CHAPTER 3

SYMPATHY AND ANTIPATHY Ch. 3-1

Principle of Sympathy & Antipathy. (Arbitrary Principle)

The principle of Sympathy and Antipathy is also called the Arbitrary
principle. According to this, certain actions are approved or disapproved,
without giving any reason for the decision, except the decision itself. An
action is good or bad according to the whims and fancies of an individual.
This is not a principle of reasoning ; it is the negation of it. A despot
belongs to this group. He speaks sovereignty; he admits no appeal. He
does not think that he should justify his decision with reference to the
good of the society. I feel that it is so. 'It is my intimate conviction' etc.
Bentham quotes a despot telling 'God speaks by my mouth. Come and
receive the Oracle of God'. The despot's opinion triumphs, it is supreme.
What results from this is anarchy. This is the essence of Arbitrary
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principle. Here, the despot is unmindful of the consequences. He furnishes

no reasons. Hence, this cannot be made the basis of and system of
reasoning. As such, this is to be discarded.
Bentham says the principle of Sympathy neither admits or rejects the
theory of utility, but floats between the good and the evil. That which is
not under me is against me' is its motto.
* * *

Ch. 3-2 Causes of Antipathy.

Bentham obseves that Antipathy has its tremendous influence on morals

and legislation. What factors give birth to Antipathy?
i) Repugnance of sense : something which the senses do not agree,
to accept. Animals are killed as they are brought of as ugly.
ii) 'Wounded Pride: When a person does not accept but shows
disregard there is wounded pride. Contempt grows.
iii) Power Controlled: We find our power is limited and bounded.
This is a secret pain.
iv) Confidence in the future weakened or destroyed. Falsehood makes
us doubt and we do not rely upon such a person.
v) The desire of unanimity : Unanimity is very pleasing to us. There
would be mutual confidence and increase of pleasure.
vi) Envy: , When certain advantages are given to some, others envy.
With envy person may become an ascetic. Envy leads to reducing the
pleasures.

Ch. 3-3. Influence on Government,

It is the principle of sympathy and antipathy that has exercised the

greatest influence an Governments.
i) A Government which has wealth and commerce looks to the
society as a workshop. Men are productive machines. It cares not for the
torment of the men. It is sufficient if they become rich. The Govt. is in
different towards evils.

ii) Govts. which have power and glory as means to do public good,
resort to wars, conquests, new acquisitions etc. They do not consider that
this glory has great misfortune in the killing of hundreds of persons, and
other evils.
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iii) Governments which are administered well, which protect the

property and persons, where people are happy, this is another type.

CHAPTER 4

KINDS OF PLEASURES

Ch. 4, Kinds of Pleasures : Simple pleasures & simple pains,

(Chapter 6)

The inventory of man's sensations is done with great labour of

analysis by Bentham, who puts them into two:
i) Simple pleasures, ii)
Simple pains, i)
Simple pleasures :
a) Pleasure of sense: The pleasure of taste, of smell, of sight, of
hearing & of touch. In addition, the blessing of health, and the pleasure of
novelty may be included.
b) Pleasure of Riches: This is a kind of pleasure derived from
possessing certain things. It will be so lively at the moment of acquisition.
c) Pleasure of Address: On attaining perfection in something, say in
composing music, one gets pleasure.
d) Pleasure of friendship: Developing good will and of expecting
services from them.
e) Pleasure of good Reputation : This is getting esteem & goodwill of
the people.
f) Pleasures of Power: Power which a man has, which makes others
follow through hopes or fears.
g) Pleasure of Piety: Favours of God either here or there.
h) Pleasure of Benevolence: This is what we sence, when we
contemplate the happiness of those who love us. This is the pleasure of
social affection.
i) Pleasure of Malevolence : This is the pleasure experienced by those
who do not love us.
j) Pleasure of Knowledge : This is a mental faculty to discover or
invent something.
k) Pleasure of Memory: To remember in a proper order what has
happened.
1) Pleasure of imagination : Arranging in a proper order the desires.
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m) Pleasure of hope: Qesiring for the good in'future.

n) Pleasure of Association.: When an object is connected with some
other object, there may come a charm.
0) Pleasure of pain : That which ends or diminishes pain is itself a
source of pleasure.
Complex pleasures: A combination of two or more of the above
simple pleasures produces complex pleasures.
ii) Simple pains:
a) Pains of Privation (Ennui): This is covered under 3 heads : Pain
of desire (hope of obtaining something). Pain of disappointment (hope
suddenly fails) Regret (losing something good).
b) Pains of sense: There are nine: Hunger and thirst, taste, smell,
touch hearing, sight, excess of cold or heat, diseases, fatigue of mind or
body.
c) Pains of maladdress : What one gets in fruitless efforts.
d) Pains of enmity : Hatred experienced in respect of others,
e) Pains of Bad Reputation: What a man feels when exposed to a
situation considered" bad.
f) Pains of Piety: Fear of offending God.
g) Pains of' Benevolence : When others are suffering, we experience
some pain.
h) Pains of Malevolence: When a person whom we hate gets
happiness or becomes prosperous, we get this pain.
1) Pains of memory
j) Pains of imagination k)
Pains of fear.
. Basis and use of classification :
This division, Bentham has done after much labour, and its utility is
[Link] entire system of Morals & legislation can be easily explained
away. Similarly, offences^ or 'criminality or evil of certain action/or
punishments-may be explained.
According to Bentham, this theory of pains and pleasures is the sole
foundation of all knowledge on the subject of legislation.
* * *
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CHAPTER - 5

SENSIBILITY

Gh. 5. Primary & Secondary which affect sensibility,

(Chapter 9)

Bentham's extension of the principle of pleasure and pain takes us to

his concept of sensibility.
AH causes of pleasure do not give the same pleasure to all. Similarly
all causes of pain will not produce the same pain- t o all. The difference is
in its sensibility. It is in its degree or in kind.
The circumstances that influence the sensibility are spoken of as
primary or secondary. The primary circumstances are those that by
themselves would influence sensibility of a person under a given cause,
thing or situation. The secondary circumstances would not by themselves
influence the sensibility of a person under a given cause, thing or situation.
They would, however, jointly with the primary circumstances influence the
sensibility of a person. The differences in sensibility depend on certain
circumstances which influence the moral or physical conditions of
individuals.
In matters of legislation, we cannot proceed with any degree of
assurance without considering all circumstances which tend to influence
sensibility.
The following are the primary circumstances which influence the
sensibility of an individual.
1) Natural consititution or temperament of the individual, 2) Health,
3) Str en gt h, 4 ) B od il y i mp er fec ti on, 5) T he de gr ee of kn ow le d ge,
6) Strength of intellectual powers, 7) Firmness of mind, 8) Perseverence,
9) The bent of inclinations, 10) Notions of Honour, 11) Notions of
Religion, 12) Sentiments of sympathy and Antipathy, 13) Disorder of
mind, etc.
There are certain other circumstances which have got an outward
appearance clearly noticeable. They are called Secondary circumstances,
namely:- 1) Sex 2) Age 3) Rank 4) Education 5) Habitual occupations
6) Climate 7) Race 8) Government and 9) Religious Profession.
These Secondary circumstances can easily be taken into consideration
not only by the legilator but also by the judge who administers justice.
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CHAPTER 6

OFFENCES

Ch. 6. Bentham's reasons for creating certain acts as offences. (Chapter XI)
After making an analysis of the evils, Benthams states that there are
certain acts which cause more of evil than of good. Legislators have
prohibited such acts and have called them as 'Offences'. To get these
offences respected, punishments have been prescribed universally. This is
well established.
An act should not be declared as a crime basing on prejudices which
vary according to time, place, custom and opinions. Trifling acts' may
become serious crimes, in the absence of a philosophy, h;ence, Bentham says
'the Principle of Utility should be made the foundation'. Acts or omissions
are to be declared as offences basing the reason on utility. He asserts that
all well known offences are reasoned on the basis of Utility, This should be
weighed [Link] legislator by weighing the evil and the good, in all its aspects.
i) Passion of hatred.
If more evil results from a particular act (say theft, robbery etc) than
the good, that act should be declared as an offence. The reason is more
evil will result if that act is not declared as an offence.
Calculation of the pain or the pleasure, is to, Bentham, as simple as
arithmetic. If A assaults B intentionally, B suffers a pain, but A gets the
pleasure of assaulting - it appeals to his passion. But, to B-it offends his
honour & person.
The pleasure of A in assaulting is temporary, but, soon a fear of
hatred by B sets in the mind of A. Fear of every kind sorrounds him.
Suppose A has cut off a leg of B intentionally, the fear of. hatred of B
doing someting will be intensive.
ii) Security affected: Ravishment.
This is the effect of the offence. A spirit of revenge may set in with
serious consequences.
iii) Motive of Cupidity.
The motive of a man becoming rich by robbing the treasury, of
stealing a piece of loaf to save from starvation, the evils that result are of
the second order which Bentham has defined. Similarly, a person who
commits rape. He may satisfy his appetite but the pain it brings on the
woman and on others, is disproportionate. Hence, rape is declared as an
offence.
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The legislator must measure the good and the evil with a kind of
moral arithmetical calculation. He must weigh the evils, their duration and
their result. He must measure them properly before erecting the act as an
offence. He must also weigh the derivative evils that may result from the act.
Thus, Bentham lays down a solid foundation to erect an act as an
offence basing his ordered reasons on his concept of pleasure and pain.

CHAPTER 7 FALSE
REASONINGS

Ch. 7. False Reasonings on the subject of Legislation. (Chapter 13)

Bentham after enunciating his theory of utility, uses that to the
process of reasoning with reference .to legislation, under 'legislative logic'.
What is 'good reason 5 for a law ? It is looking to so much of good
and so putting arguments in favour of it. Or, it is looking to so much of
evil (pain) and so putting arguments in favour of it.
The other aspect is to offer 'false reasons', Here, what is alleged is not
the pleasure or pain. But, it is something other than these !
This reasoning Bentham compares to the 'Sophism' of Aristotle. There
is a list of false reasoning.
Bentham enumerates the false reasons on the subject of legislation.
i) Antiquity:
This by itself should not be a reason to follow the law, or not to
follow.
ii) Religion:
The Authority of Religion by itself is not a reason to make us
follow the law.
iii)Innovation:
Finding a new thing or a new law should not be a reason to
follow or not to follow. Progress is essential.
iv) Arbitrary definition :
One reason put forword is that the law is arbitrary. This is a very
common political argument. The word law has been def ined by
Montesquieu & Rousseau but the definitions suffer from lack of
definiteness.
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v) Metaphors:
One method adopted is to refer to a metaphor or allegory and it
later becomes the basis, Blackstone calls law as a castle or a fortress &
says it cannot be weakened except by breaking. This is false method of
reasoning.
vi) Fiction :
A fiction is not a good reason. A fiction is notoriously false and
hence no reasons should be given. 'The King can do no wrong' is a fiction
& misleading. "The judges, are mirrors in which the image of the King is
reflected'. This is a fiction & is ridiculous and puerile, Bentham says.
vii) Fancy :
What is reason? It is said reason decides and eternal reason orders.
The right of the father over a son comes from the facts that he is
the Chief and the son is the seed of the father (Writings of Gocceiji). This
is based not on reason but fancy says Bentham. The principle of utility is
not seen here. The son even if he is forty years of age should take
permission of his father to marry! Bentham hits hard on the fancy &
commends the concept of utility instead.
viii) Antipathy or Sympathy :
These are not to be reasons. This is the arbitrary principle.
This is common in penal law-antipathies towards criminals, their actions, the
punishments etc. Antipathy against Government, its institution, work etc.
leads to a rebellion.
Implicit obedience is the basis of arbitrary principle. Hence, this is
not good.
ix) Begging the question :
This should not be the reason. Begging the question (petitio
principle) is a sophism. It conceals itself artfully. This means assuming a
question; it consists of the very proposition which is in dispute as proved.
Locke & Rousseau explained the social contract theory of the
State. This is begging the question. They have assumed the contract itself!
Bentham says utility should have been the reason for making a
State.
x) An Imaginary Law : Natural Law.
Natural Law & natural rights are two fictions often used in the
books of legislation.
In Natural law, nature is represented as a being and attributes are
given to her in law. This process is imaginary and hence endless arguments
are made on this. If the laws of nature had dire cted all persons for their
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common good, there was no necessity of any other law at all. They would
be useless and unnecessary.
Why use a torch to show the Sun?
Comments:
In all these reasonings, Bentham has shown how false reasons are
projected by individuals either in favour or against of particular law. But, he
pleads that all these are not good reasons. He submits, any reason acceptable
must be based on the concept of utility-that of pleasure and pain.
* * *

CHAPTER - 8

MORALS AND LEGISLATION

Ch. 8. Morals & Legislation. (Chapter XII)
According to Bentham "Legislation has the same centre, but it has not
the same circumference."
Morality is an art. It directs the acting of men to produce the
greatest possible sum of good.
The objective of the Legislature must be the same.
Though these two differ in their extent, still the end is the same.
All actions, public or private come within Morality and individuals are
guided by it throughout their lives. However, legislation cannot do this.
The reasons are :
i) Legislation can have no direct influence over individuals, except by
punishment.
ii) There is the possibility of punishing the innocent, in the anxiety of
punishing the culprits.
Hence, Bentham vertically divides the area of legislation and
suggests the legislators not to interfere with the personal interests of an
individual. The reason is the person himself is the best judge and he will
correct himself when he finds he is in the wrong, e.g. Temperance.
The legislator must look to those areas when a person's actions
create evil on others & to legislate there. Then punishment will be
effective.
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CHAPTER 9 SANCTION

Ch. 9. Sanction. (Chapter VII)

Bentham's theory of pleasure or pains explains away the sanction

of law.
He says, The pleasure or pain which is attached to a law, is the
sanction. The laws of one State, have no force in another State as they
have no sanction there.

Pleasures and pains are of four classes.

1) Physical 2) Moral 3) Political 4) Religious.
1) Physical or Natural sanctions: These are in the ordinary
course of nature. There is human intervention. A man's house is on fire by
accident. There is the pain of natural sanction.
2) Moral sanctions : These are with reference the actions of our
fellow men, friends etc. in society. Sanction of honour.
3) Political sanction: The pleasure and pain which result from
the actions of the Magistrate in punishing according to law. This is the
legal sanction.
4) Religious: The pleasure or pain which results from threats
of religions. These are religious sanctions.
e.g: Legal sanction. A persons house is pulled down by orders
of a Magistrate.

All these four sanctions have their own impacts. The natural
sanction is the one which acts always.
The popular & the religious sanctions are highly variable and change
in accordance with utility.
The legal sanction acts on all men with equal force: it is clear and
specific. But it requires proof. Hence the crafty can escape.
Hence, Bentham suggests to use all the three sanctions: Moral,
political & religious. They are like magnets-their power • is doubled by
putting the corresponding poles together.
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