Jeremy Bentham, English jurist and philosopher (d. 1832)

Jeremy Bentham (15 February 1748 [O.S. 4 February 1747] – 6 June 1832) stands as a towering figure in the intellectual history of England, renowned as a pioneering philosopher, an incisive jurist, and a passionate social reformer. Widely recognized as the progenitor of modern utilitarianism, his influence profoundly shaped Anglo-American legal philosophy and spurred the development of welfarism.

The Core of Utilitarianism: The Greatest Happiness Principle

At the heart of Bentham's expansive philosophy lay what he termed the "fundamental axiom": the revolutionary principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong." This concept of utilitarianism dictates that actions are morally right if they promote happiness (or pleasure) and morally wrong if they cause unhappiness (or pain), with the ultimate goal being to maximize overall well-being across society. For Bentham, this was not merely an abstract idea but a practical framework for assessing laws, policies, and individual conduct, aiming for the most beneficial outcomes for the majority.

A Radical Vision for Societal Reform

Bentham was a political radical whose ideas championed a broad spectrum of progressive reforms, many of which were remarkably forward-thinking for his era. His advocacy spanned:

• Individual and Economic Freedoms: He firmly believed in the liberty of individuals and the benefits of economic freedom, advocating for a society where people could pursue their interests without undue state intervention.
• Separation of Church and State: A vocal proponent of secular governance, Bentham argued for a clear distinction between religious institutions and government, ensuring that laws were based on rational principles rather than religious dogma.
• Freedom of Expression: He championed the right to speak freely, considering it essential for the discovery of truth and the functioning of an informed society.
• Equal Rights for Women: Decades before the mainstream women's suffrage movements, Bentham was a staunch advocate for equal rights for women, challenging the patriarchal norms of his time.
• The Right to Divorce: Recognizing the importance of individual happiness and autonomy, he supported the right to divorce, providing an escape from unhappy or oppressive marriages.
• Decriminalizing Homosexual Acts: In an essay that remained unpublished during his lifetime due to its controversial nature, Bentham argued for the decriminalization of homosexual acts, demonstrating an early and profound commitment to what we now call LGBTQ+ rights. This position was exceptionally progressive, even radical, for the late 18th and early 19th centuries when such acts were widely punishable by law.

Transforming Justice and Challenging Cruelty

Beyond individual liberties, Bentham sought to fundamentally reform the justice system and challenge accepted forms of cruelty:

• Abolition of Slavery: He was a forceful voice against the institution of slavery, recognizing its inherent injustice and incompatibility with the greatest happiness principle.
• Abolition of Capital and Physical Punishment: Bentham called for the end of both capital punishment and physical punishment, including the disciplining of children through corporal means. He believed that such punishments were often ineffective, disproportionate, and caused more pain than they prevented, proposing instead more humane and rehabilitative approaches to justice.
• Early Advocate for Animal Rights: In a truly groundbreaking move, Bentham extended his utilitarian philosophy to animals, arguing that their capacity to suffer should grant them moral consideration. His famous quote, "The question is not, Can they reason? nor, Can they talk? but, Can they suffer?" remains a cornerstone of the animal rights movement, predating its widespread recognition by centuries.

Critique of Natural Rights: "Nonsense Upon Stilts"

While advocating for the expansion of individual legal rights, Bentham vehemently opposed the concept of natural law and natural rights. He famously dismissed these ideas as "nonsense upon stilts." His opposition stemmed from his empiricist philosophy: he believed that rights were created by law and government, not divinely or inherently endowed. For Bentham, claims of "God-given" or "divine" rights lacked empirical basis and could not be verified, making them unreliable foundations for a just legal system. He also emerged as a sharp critic of legal fictions, which he viewed as misleading and obscuring the true nature of law.

Bentham's Enduring Legacy: Students, Reforms, and the Auto-Icon

Bentham's intellectual circle and influence extended widely, shaping generations of thinkers and policy-makers. His notable students and collaborators included his secretary, James Mill, whose son, the renowned philosopher John Stuart Mill, further developed utilitarian thought. Other influential figures such as the legal philosopher John Austin and the American writer and activist John Neal also benefited from his tutelage and ideas.

Impact on Public Policy and Institutions

Through his writings and the work of his disciples, Bentham "had considerable influence on the reform of prisons, schools, poor laws, law courts, and Parliament itself." His detailed proposals for prison reform, most notably the Panopticon – a circular prison design allowing a single watchman to observe all inmates without them knowing if they were being watched – though never fully implemented as he envisioned, profoundly influenced penal architecture and the theory of surveillance globally. This design exemplified his systematic approach to social control and efficiency.

The Auto-Icon: A Unique Memorial

Upon his death on 6 June 1832, Bentham left precise instructions for his body, reflecting his scientific curiosity and unconventional spirit. He directed that his remains be first dissected for anatomical study, and then permanently preserved as an "auto-icon" (or self-image) to serve as his memorial. This extraordinary wish was fulfilled. Today, the Jeremy Bentham auto-icon, comprising his skeleton dressed in his own clothes and topped with a wax head (his actual mummified head proved unsuitable for display), is on public display in the entrance of the Student Centre at University College London (UCL).

The "Spiritual Founder" of University College London

Bentham's strong arguments in favour of the general availability of education, open to all regardless of creed or social standing, earned him the title of the "spiritual founder" of UCL. Although he played only a limited direct part in the university's actual foundation in 1826, UCL was established on principles closely aligned with his secular and progressive ideals, offering education to individuals traditionally excluded from Oxford and Cambridge. His intellectual legacy and advocacy for accessible, non-sectarian education are deeply embedded in UCL's identity.

Frequently Asked Questions About Jeremy Bentham

Who was Jeremy Bentham?

Jeremy Bentham was an English philosopher, jurist, and social reformer, widely regarded as the founder of modern utilitarianism, an ethical framework centered on maximizing happiness for the greatest number of people.

What is Bentham's "greatest happiness principle"?

It is the core tenet of his philosophy, stating that "it is the greatest happiness of the greatest number that is the measure of right and wrong." This means that actions and policies should be judged by their ability to produce the most pleasure or happiness and minimize pain or unhappiness for the largest number of people.

What were some of Bentham's key advocacy points?

He advocated for a wide range of progressive reforms including individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and the decriminalization of homosexual acts. He also called for the abolition of slavery, capital punishment, and physical punishment, and was an early proponent of animal rights.

Why did Bentham call natural rights "nonsense upon stilts"?

Bentham, an empiricist, believed that rights were creations of law and government, not inherent or "God-given." He viewed abstract concepts like natural rights as lacking empirical basis, making them unreliable foundations for legal systems and thus dismissed them with his famous phrase.

What is the Jeremy Bentham "auto-icon"?

The auto-icon is a unique memorial to Jeremy Bentham, consisting of his preserved skeleton dressed in his clothes, topped with a wax head. It was created according to his will and is now on public display at University College London (UCL).

What was Bentham's connection to University College London (UCL)?

Bentham is considered the "spiritual founder" of UCL. Although he had limited direct involvement in its establishment, the university was founded on his principles of accessible, secular education for all, a concept he passionately advocated for, distinguishing UCL from older, more traditional institutions.