ABSTRACT

How did Bentham apply the general principles of utilitarianism to the specific problem of punishment for criminal offences?

The general principles of utilitarianism should be set out, together with a brief indication of Bentham’s view of the criminal law. It is in this setting that the question of punishment has to be considered. The following skeleton plan is suggested:

Introduction – Bentham’s general views – essence of utilitarianism – aim of legislation – essence of the criminal law – fundamentals of punishment and its rationale – criticism of Bentham’s concepts – conclusion, positive features of Bentham’s approach.