Legislation, Jeremy Bentham Outlines His Essay

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Thus, as this initial object is almost impossible to fully achieve, Bentham argues that the subordinate goals of any given justice system should be "if a man must needs to commit an offence of some kind or other […] to induce him […] to choose always the least mischievous of two offences that will either of them suit his purpose," "to dispose him to do no more misheif than is neccesary to his purpose," and finally, to do all of this for cheaply as possible (Bentham 62-63). These subordinate objects are quite revolutionary in that they acknowledge the nuances of human behavior and thought processes by arguing that punishment should be focused not only on preventing offenses, but where that fails, on encouraging individuals to engage in the least destructive offenses possible to meet their desired ends. This is important to note because it demonstrates why Bentham's theory offers a far more productive and ethical standard for justice and punishment than anything offered by religion or traditional standards of behavior. The application of the principle of utility offers a simple, consistent means of judging any given behavior, but rather than simply aiming for an impossible goal, the application of this standard includes within it the recognition that encouraging people to commit the lesser of two offenses is often just as important as attempting to preclude the commission of all offenses in general.

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Jeremy Bentham's theory of utilitarianism includes important developments in the consideration of punishment, developments which have not been sufficiently adopted in contemporary society. In particular, Bentham's creation of a consistent, humane standard for evaluating human behavior is one of the most important developments in the history of philosophy and criminal justice, but sadly, all too often standards for punishment and justice are based on arbitrary notions of right and wrong with little attention paid to the potential damage caused by certain punishments. By considering the implications of applying the principle of utility to the administration of punishment, one may see how Bentham's theory offers quite possibly the most ethically sound standard of measurement for ensuring the harmony of human society while protecting the autonomy of the individual.

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