Instead of the natural rights of the individual, Bentham made the same principle of utility the basis of his utilitarian policy. Properties of an individual to respond to fear and pleasure. Law is a mandatory norm that determines the conditions under which an individual can live and act. Consequently, the law is a norm that imposes restrictions in certain cases). And stbenene is suffering. The task of the legislator is the same as that of the moralist - to maximize happiness. Obviously, the legislator finds the limit to the authoritarianism of his power in the properties of human nature itself. This is a point that, in forms justified by observations, appears before us as the same restraining and limiting legislator of the beginning of the evolutionist Spencer. Then, in Spencer we find in his books “The Individual Against Government” a development of Bentham’s thoughts, expressed with clarity and sharpness about the abuse of legislators of their power in the petty regulation of the life relations of the individual. Bentham can even be compared by on this occasion, legislators with generals of religious orders. Bentam on Sides® provides customized
1) Bentham criticized not only the French Declaration, but also the Virginite Declaration, and also polemicized with Blackton, a representative of the natural law doctrine in England.
[fragment illegible in the scan of the first edition]
ical guardianship of the government, which converges, in form, with the direction discussed above in W. Humboldt.
[fragment illegible in the scan of the first edition]
Thus, it would hardly be an exaggeration to say that, according to Bentham, law and government do not absolutely rule over the individual, but their own essence and form are determined, ultimately, by the fundamental properties of the human personality. Bentham is alien to the direction according to which the social and political environment are the only formative forces of the individual considered,
as their organ. The English thinker, as we have seen, still largely imagines society mechanically. The connecting link of the unit, according to Benthere, in addition to the problematic identity of interests, also constitutes an individual feeling of favor 2). In poly-
The technical unit is connected to it. The legislator, of the four types of sanksha - physical, moral, religious and political, mainly uses the last days. When issuing a law and accompanying it with the threat of punishment, the legislator can use the catalogs and tables of pleasures and pains compiled by Bentham 3); so that, when the law is issued, you will be able to decide whether the law will favor predominantly pleasures or oil. In these colors of pleasures intensity, fertility, etc. we see Bentham's attempt to find an objective criterion. And such a criterion must be set, of course, due to its indisputability (about which sooo not E:
Bentham dreamed, contrasting it with the subjective criterion
Yu Wed. T.Sh.r. 465. NE. I. Rgaaepse regvopeE.
[fragment illegible in the scan of the first edition]
3) T. 1. Richerev ge 161ay op. sV. UT her woo. r. 20 her zshu. See Bentham's teachings on moral pathology and dynamics. Basic principles of civil Code, ch. UG. Wed also r. 433. T. Sh. Otdl “Ta eay 4ez gezzot (z Aez poz as0p3.”
osh aovsa o mala leno uzyaaa bane IYYSZA: BIZE:
natural legal doctrine) is again known to the legislator. But all these tables and catalogs have as their subject nothing more than the suffering and pleasure of the individual.
And Bentham, in the end, does not ‘succeed’ in proving that the final verdict on these moral values belongs to someone else, and not to the same individual, his | feelings 1).
| Attacking in his anarchist co-eisms the vague and indefinite principles of natural law and the inalienable right of the abstract individual as declarative constituents, Bentham replaced them, in his opinion, with real and definite principles of suffering and pleasure.
liberty - that is, the properties that make up the essence of the emiric individual - determining the legislative and
[fragment illegible in the scan of the first edition]
that Bentham continues the individualistic direction,
‚ filling the schematism of the previous individualistic ve: 5,
Doctrines have specific content? >
The formula “!е р№5 stap@ fopveig Chi times sgap poshege” (maximizing happiness) defines the goal of the political form. For Bentham's political theory it is necessary
1) br. T.Sh. 6%. U.r. 313. T. Sh, 6. 2. Ovomo]ose.
2) Wed. T.Sh. 06. U. r. 373. 1. P. 2. (Oeoshuoyuvle). r r 8 r oh she s