ABSTRACT

This chapter explains the rejection of the 'received' interpretation of Jeremy Bentham's theory of utility in the light of the Civil Law writings in order to construct a utilitarian theory of distributive justice which reconciles an individual's pursuit of his own ends with the pursuit of the maximum social well-being. It includes a rejection of the principle of utility as a direct source of obligations, and uses the concepts of security and 'expectation' to construct a system of individual entitlements. The chapter also argues that the legislator's task is the indirect pursuit of maximum utility, by creating a system of personal entitlements or securities around the basic conditions of personal continuity and coherence; namely person, possessions, condition in life and reputation. It suggests the ways in which the reinterpretation of Bentham's utilitarian theory gives rise to his understanding of the function of political economy and his commitment to the basic policies of economic liberalism.