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Bentham, Jeremy (1748–1832)

Jeremy Bentham, credited for conceptualizing the “roundhouse” panopticon prison, was a philosopher and essayist whose contributions to criminal justice theory over 60 years extended far beyond his prison designs. A prodigious, even obsessive, author, Bentham wrote on numerous topics spanning criminology, moral philosophy, law, and politics. Born of wealthy parents in London, he studied to be a lawyer like his father and grandfather. However, he eventually discarded this plan and instead began to write social and political critiques. His wealthy background and a later substantial inheritance allowed him to pursue his interests in relative comfort.

Bentham wrote during a time of social upheaval, both in Britain and on the continent. The French and U.S. revolutions, expanding British imperialism, and the problems of crime in England in addition to what Bentham viewed as a breakdown in the moral fabric of society and law, stimulated much of his work. Considered both a philosophical and political radical, many of his reformist ideas were not accepted until the early 19th century.

Bentham's Philosophy

Bentham is often considered to be one of the founders of Utilitarianism even though he did not originate the core ideas. Utilitarians argue that ethical behavior is determined by the consequences of an act. As a result, according to Bentham, both human actions and government policies should be guided by a “utility principle” in which actions should be intended either to produce good or to reduce harm. Such a view was not based simply on numbers or “majority rules.” Rather, the goal or end of an act should be weighed with a calculus that, on balance, will result in the greatest social good or the least social harm, even if it causes individual discomfort. Ethical rules are derived from the principle of the greatest universal utility, summarized by John Stuart Mill (1957) after studying Bentham:

Pleasure and freedom from pain are the only things desirable as ends; and that all desirable things (which are as numerous in the utilitarian as in any other scheme) are desirable either for pleasure inherent in themselves or as means to the promotion of pleasure and the prevention of pain. (pp. 10–11)

Although recognizing and emphasizing the role of individual choice, Bentham did not believe that people should make choices simply on the basis of their own personal self-interest or pleasure. Rather, a society's “greatest felicity” occurred in conditions that required a shared moral climate, and individuals were obligated to make those choices guided by a common social good. To use a contemporary example, some observers have argued that, for utilitarians, if racism makes the majority of a society “happy,” then it can be morally justified. However, this violates the fundamental premise of Utilitarianism, which is that principles of justice are a primary utility, and choices that violate this utility are unjust or immoral.

Bentham's Contributions to Criminal Justice

Introductory criminology texts usually divide criminology of the later 18th and early 19th centuries into classical and neoclassical views, placing Bentham in the latter. Although somewhat arbitrary, the distinction is useful for two reasons. First, it helps us understand how writers in the first part of the 19th century shifted from earlier 18th-century views of criminal law as primarily for punishment. Second, it illustrates how criminal law and correctional policies respond to social changes as they evolved.

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