The sovereign power of making laws should be wielded, not to guarantee the selfish desires of individuals, but consciously to secure the common good. Critically examine this statement of Bentham.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
The sovereign power of making laws should be wielded, not to guarantee the selfish desires of individuals, but consciously to secure the common good. Critically examine this statement of Bentham.
Answer & Explanation:
According to Bentham 'a law' may be defined as an assemblage of signs, declarative of volition, conceived or adopted by a sovereign in a state, concerning the conduct to be observed in a certain case by a certain person or a class of persons, who in the case in question are or are supposed to be subject to his power. Bentham claimed that nature has placed man under the command of two sovereigns - pain and pleasure. 'Pleasure' in Bentham's theory has a somewhat large signification, including altruistic and obligatory conduct, the 'principle of benevolence'; while his idea of 'interest' was anything promoting pleasure. The function of laws should be to bring about the maximum happiness of each individual for the happiness of each will result in the happiness of all. The justification for having laws is that they are an important means of ensuring happiness of the members of community generally. Hence, the sovereign power of making laws should be wielded, not to guarantee the selfish desires of individuals, but consciously to secure the common good.
Topics: Jurisprudence
Related Questions in this Topic
- In a rural area of Rajasthan, there exists a long-standing custom of arranging marriages of minor children at a very you...
- 'Judicial precedents are an important source of law. They have enjoyed high authority at all times and in all countries....
- "Law is a theory of social engineering, which means balance between the competing interests in society." Discuss Roscoe ...
- 'The main body of rules and principles of Indian law is an adaptation of English law'. Discuss the various sources of En...
- Discuss Roscoe Pounds classification of social interest.