History of Modern Social Thought - Essay Example

HISTORY OF MODERN SOCIAL THOUGHT PAPER ON BENTHAM Recognized as one of the most influential thinkersthrough his innovation of classical liberalism, Jeremy Bentham is deemed as a pillar of modern social thought and the founder of the utilitarian school of thought. With his powerful ideas, which are way beyond his times, Bentham's philosophy became a moving force behind prominent philosophers such as John Stuart Mill, Robert Owen and several world leaders. ("Wikipedia") This paper provides a biographical overview of Bentham and analysis of the cultural context of his works. Moreover, this paper discusses the key themes he developed as well as his major contributions that brought about legal and political reforms that enriched modern social thought. Biographical Overview Bentham was born in February 15, 1748 in Spitalfields, London. He was part of a wealthy Tory family whose proclivity is in the practice of law. His childhood was filled with a mixture of religious superstition, owing to his mother's side, and enlightened rationalism, as his father and grandfather were both attorneys (Internet Encyclopedia of Philosophy). With such a brilliant mind, Bentham was considered as a child prodigy. At an early age, he was found sitting at his father's desk reading a multi-volume of English history and studying Latin. He attended the Westminster School and Queen's College, Oxford, where he completed his Bachelor's degree (1763) and Master's degree (1766). ("West's Encyclopedia of American Law) Bentham's father believed that his son would one day become the Lord Chancellor of England ("UCL Bentham Project"). With this, Bentham was educated as a lawyer and admitted to the bar in 1769. However, he decided against the practice of law as he became disconcerted with the complexity of the English legal code. Instead, he opted to pursue a career in legal, political and social reform. ("West's Encyclopedia of American Law) In light of his chosen career path, Bentham devoted most of his life to writing matters pertaining to legal reforms. He spent most of his time studying as he wrote for eight to twelve hours daily (Harrison). His father's death in 1792 resulted in Bentham's financial independence. With his inheritance, he lived quietly in Westminster of 40 years and generated about ten to twenty pages of manuscript per day. ("UCL Bentham Project") Ironically, he made little effort to publish these manuscripts. Such that shortly before his death on June 6, 1832, John Bowring, his secretary, remarked that from no modern writer had so much been stolen without acknowledgment. (Kahn) Cultural Context of Bentham's Works Bentham lived during the period of massive social, political and economic change. His reflections on existing institutions covered the Industrial Revolution, the rise of the middle class and the revolution in France and America among others. His passion for tackling essential reforms in view of these events was sparked by his disillusionment with the law. After attending the lectures delivered by Sir William Blackstone, the leading authority in law at that time, Bentham became deeply frustrated with the English law. As such, he dedicated much of his life in criticizing the prevailing laws and proposing reforms to enhance the system. As one of the so called "philosophic radicals," Bentham believed that much of the social problems prevailing in England in the late 18th to early 19th century were attributable to the legal system, which was not adoptive of the societal changes and economic system, which was controlled by a landed gentry that was against modern capitalist institutions. ("Internet Encyclopedia of Philosophy") It was also during Bentham's times that England was in the midst of an aggravated state of affairs highly influenced by the Anglican Church. The country was depicted as a puritanical world wherein implemented doctrines encouraged women subjugation and prejudices, and went against natural philosophy. Given these, Bentham expressed his opposition to the orthodox religion as he observed that it frequently conflicted with enlightened self-interest that he advocated. (Kahn) Bentham's works was greatly influenced by the works of his predecessors who are considered the philosophers of the Enlightenment including Beccaria, Diderot, D' Alembert, Voltaire and other notable thinkers such as Hobbes, Locke, Hutcheson and Hume (Manning). In particular, Bentham was motivated by the work of Helvetius, a French philosopher, who advocated enlightened egoism which implied that good is measured by the magnitude of self-content experienced by a person, therefore, a major force for all actions is self-interest. Bentham had also encountered the same notion with Joseph Priestley's Essay on Government, although he thought that the idea supporting the concept is vague. These theories had substantially impacted Bentham such that these ideas became the backbone in the formulation of the fundamental principles of utilitarianism. ("West's Encyclopedia of American Law") Key Themes Developed by Bentham The key themes developed by Bentham are summarized as follows: Elimination of Legal Fictions In his pursuit of legal reforms in the English system, one of Bentham's primary targets was legal fiction. Bentham claimed that there is potential risk of confusion or deceit should any part or aspect of an object is considered in abstraction from that object. For instance, the terms relation, right, power, and possession were used but their original warrant, in many cases, had been forgotten so they survived due to either prejudice or inattention. (Harrison) Bentham stressed that if terms would have any use in referring to real things, they should continue to be used, otherwise they should be considered obsolete. In terms of the legal system, Bentham hoped that legal fictions in English law such as the recognition of the social contract theory that aims to explain the origin of law be eliminated. (Manning) Theory of Psychological Hedonism According to Bentham, morals and legislations could be described scientifically, however, the said description necessitates an account of human nature. This refers to the theory of psychological hedonism which puts forth that human behavior is governed by two primary motives, i.e. pleasure and pain. Bentham believed that nature has placed humans under the rule of these two sovereign masters. As such, pleasure and pain provide an explanation for human actions as well as define the goodness of such actions. However, Bentham admitted that he could not provide a direct proof relative to this theory on human motivation. But then, it is clearly evident that such holds in all actions as people implicitly refer to it. (Harrison) Bentham also believed that a vital factor in the individual's nature and activity is his/her own well-being resulting from rational self-interest. This implies that self-regarding interest is primarily considered and predominant over social interest. (Harrison) Concept of Man as an Individual As mentioned, Bentham asserted that the concept of relation is another fictional term which is only used for the purpose of convenience in discourse. As such he considered the community as a fictitious body and is comprised of the aggregate interest of its members. In this regard, he believed that the nature of the human person can be sufficiently described regardless of one's social relationships. Being the basic unit of the social sphere, a person's relations with others are not critical in deriving the description for that individual. (Manning) Principle of Utility Bentham is perhaps most famous for his assertions relative to the principle of utility also dubbed as greatest happiness principle. Utility in the Bentham sense refers to the degree to which things or actions promote the general happiness rather than their usefulness ("Internet Encyclopedia of Philosophy"). As Bentham proposed myriad legal and social reforms, he devised moral principles derived from the philosophy of utilitarianism which became the bases for such reforms. The principle of utility asserts that the right acts or policies to be implemented are those that generate the highest level of happiness for the greatest number of people. It is imperative to note that the concept of happiness is directly related to Bentham's view on pain and pleasure such that happiness is determined by the presence of pleasure and the absence of pain. (Robinson & Groves) Bentham reckoned that this principle applies to all actions. Furthermore, he believed that actions which do not lead to the maximization of happiness, say an act of pure ascetic sacrifice, is morally wrong. (Manning) At a glance, Bentham's notions on the greatest happiness principle, which is concerned with general happiness, contradict his theory on psychological hedonism and egoism that relates to an individual's self-interest. To address this, Bentham posited that if pleasure is deemed good, then it is good regardless of the person benefiting. In this regard, a moral sanction relative to the maximization of pleasure independently affects the specific interests of the person acting. In addition, Bentham believed that people's interests are intricately interconnected although such is easily disregarded. In light of the diverse interest of individuals, Bentham asserted that it is the responsibility of the lawmaker to bring these together. ("Internet Encyclopedia of Philosophy") Bentham also emphasized the advantages of having the principle of utility as the basis of moral philosophy. He stressed that the utilitarian principle works under the assumption that one man's value is equal as another's. As such, there is an assurance that in calculating the greatest happiness the commitment to human equality is upheld. Apart from this, Bentham also believed that the principle of utility allowed for clarity, objectivity in public discussion and facilitated decision-making amidst conflicts of legitimate interest. (Manning) Although the principle of utility did not originate from Bentham as its roots could be traced far back from his predecessors, Bentham is deemed as the father of the principle of utility (Robinson & Groves). This recognition is brought about by the fact that Bentham's works eclipsed others in making the principle widely accepted. Moreover, he developed the breadth of influence of the principle from being a benchmark of social reform and government performance into a principle of personal conduct. (Kahn) Concepts of Liberty and Law In his works, Bentham referred to the concept of liberty as the freedom from external restraint or compulsion. He contended that the liberty is not natural such that it did not exist prior to social life as postulated by other theorists. Bentham also held that people have lived in society right from the beginning, therefore, there can neither be a state of nature or social contract. ("Internet Encyclopedia of Philosophy") In terms of the principle of utility, liberty is thereby good because it is reflective of the greatest happiness principle. ("Internet Encyclopedia of Philosophy") Relative to Bentham's concept of liberty is his notion of the law. Since it restricts liberty which is pleasant or good, law is then considered as a prima facie evil. However, Bentham recognized that the law is a requisite in achieving and maintaining social order. Good laws play a vital role to a good government. In this regard, Bentham accepted the positive role law and government specifically in the attainment of community well-being. This is because the law functions as a protection for the economic and personal goods or private property of individuals, and the government by upholding the law reflects the interests of the people. (Harrison) Belief on Rights As mentioned, Bentham disagreed with the concept of natural right. According to him, rights are created by law which is a command of the sovereign. Therefore, the existence of law and rights necessitates the existence of government. In view of this argument, rights are based on sovereign command so it could not have existed prior to the establishment of the government. Furthermore, Bentham condemned the belief in natural rights because it inspired violence as seen in the French Revolution (Mautner). Bentham's contention on natural rights is also an attack to the social contract theory which postulates that individuals formed a society and government through the alienation of some of their rights. He believed that such theory lacked historical basis and failed to explain the foundation of political authority. He posited that for a contract to be binding there must be a government to enforce stipulations. (Manning) As oppose to natural right, Bentham's concept of right actually referred to legal rights which are created since they enhance the general mass of felicity. In this regard, Bentham believed that should rights fail to promote the greatest happiness principle, they should be discarded. ("Internet Encyclopedia of Philosophy") Assessment of Bentham's Contributions Legal Reforms Bentham is considered as an active polemicist and was involved in spearheading projects that proposed various practical ideas for the reform of social and political institutions. However, the breadth of his influence in British politics has been greatly debated upon since it was not Bentham who directly effected such reforms. For instance, the Reform Bill of 1832 was promoted by Lord Henry Brougham, Bentham's disciple. Moreover, later reforms in the 19th century including the secret ballot among other Benthamite concepts was advocated by George Grote, Bentham's friend who was elected to the parliament in 1832. (Harrison) Apart from these, Bentham also fought for the codification of law to clarify the laws in the British system which relied upon the combination of statutes and case precedent. Bentham's model was adopted in Napoleonic France. The Napoleonic Code became the model after which the legal systems of most countries were patterned. In the 1830s, a group of American reformers also adopted several of Bentham's policies with the purpose of formulating a simplified code of law ("West's Encyclopedia of American Law") Prison System Another important contribution of Bentham in legal and social reform is his proposed prison system dubbed as Panopticon. His concept had a significant influence in the design of prisons such as the Pentoville Prison and Kilmainhan Gaol. Bentham's concept also inspired French philosopher Michel Foucault's work Discipline and Punish, which deals with the role of prisons and metaphorical social prisons and how it applies to myriad forms of societal controls. With this, Bentham's theoretical work occupied an important position in political reform. (Robinson & Groves) Education Bentham was a believer in the power of education. He surmised that the gradual improvement in the educational level of people would enable them to be better equipped in voting on the basis of rational calculation, which would bring about their own long-term benefit and promote greater general happiness. (Mautner) With his strong belief in education as a vital agent for social and political reforms, he left his large estate to finance the University College, London (UCL). Although Bentham did not play an active part in establishing the school, it was put up in order to make education more widely available to students particularly to those who are not well-off nor members of the church. As Oxford and Cambridge screened students based on religious affiliation, UCL became the first English university to admit all applicants regardless of race, religion and political beliefs. To ensure that the school's undertakings were kept in line with Bentham's vision, he oversaw the appointment of one of his students, John Austin, as the First Professor of Jurisprudence in 1829. Bentham also co-founded the Westminster Review with Mill as a journal for philosophical radicals. ("Wikipedia") Terminology Bentham is also credited for enriching contemporary philosophical and economic vocabulary. He invented terms such as international, maximize, minimize and codification among others. ("Internet Encyclopedia of Philosophy") Works Through his works, Bentham became an icon for later generation of philosophers. Some of his works were published by his trusted friend, John Bowring, who was appointed as his literary executor upon his death. Bentham's first book Fragment on Government, a criticism of Blackstone's Commentaries, published in 1776 was well-received. His second book, An Introduction to Principles of Moral and Legislation (1789), in which his moral theory reflecting the greatest happiness principle is discussed, was translated into various languages. Through the circulation of his books to a wider range of readers, Bentham's concept of utility and reforms were effectively promoted to the public. (Kahn) Following his surrender of his Tory leanings, Bentham wrote A Catechism of Parliamentary Reform, wherein he advocated annual elections, equal districts, universal suffrage and secret ballot. (Kahn) His other works include Panopticon, which tackled his proposed improvements on prison discipline, Discourse on Civil and Penal Legislation (1802), Punishments and Rewards (1811), Parliamentary Reform Catechism (1817) and A Treatise on Judicial Evidence. Conclusion As seen in the above discussion, Bentham has substantially contributed to the development of modern social thought. With this, he had become a widely respected figure not only in Britain but in other parts of the world as well. His ideas had greatly influenced the reforms relative to public administration during the 19th century. ("UCL Bentham Project") Albeit his writings on social policy, legal positivism and welfare economics have sparked academic debates, the significance of his contributions to these fields is undeniable. In particular, his concept on utility became a force that shaped legislation around the world. Bentham and his followers like John Stuart Mill influenced many of the world leaders in bringing about political reforms for the betterment of the society. Works Cited Robinson, D. and J. Groves. Introducing Political Philosophy. Icon Books. 2003. Harrison, R. Bentham. Routledge and Kegan Paul. 1983 Internet Encyclopedia of Philosophy. 17 February 2006 Kahn, J. Jeremy Bentham: His Life and Impact. 17 February 2006 Read More