Teleologists with utilitarian complexion considered

HAPPINESS as the measure of goodness or badness of acts and their consequences based on the hedonistic calculus HEDONISM comes from the Greek hedone, which means pleasure

 Maintained that in the formation of values and

judgements it is the intellectual and aesthetic happiness or pleasures that are the highest good. For Epicurus this should be basis of workable theory of law. In other words The telos(purpose) of the law are the pleasures that are conducive to repose of both individual and societal needs.

Nature of law is based on two considerations: 1. Pleasures ought not to be sought 2. Pains ought to be avoided in the legal ordering of the society

 Disagreed and proposed the idea that happiness is not

necessarily anchored on the virtuous and that what is good is the immediate physical pleasures

 Denied this coarse type of hedonism and advocated for

a return to the Epicurean form of hedonism. He held that pleasure which is not an enticement to vice is the highest good and that pain is evil leading to the destruction of human nature and reason.

 To achieve this end, modern utilitarians posit a

combination if the theory of good(happiness as the highest good) and the theory of value(the usefulness of an act or conduct depends on its consequences).
For them, the KEY to happiness of the people is based

on the BENEFICIAL CONSEQUENCES of their acts. In sense the utilitarian ethics eliminates selfishness or self-centeredness, the utilitarians may be said to have succeeded in giving some practical value to teleological jurisprudence.

 Two distinct stages in the development of the modern

utilitarian supplement to the teleological perspective of the nature of the law: The Benthamite Concept Jeremy Bentham (17481832) The Jherinian Concept Rudolf von Jhering (18181992)

 Jeremy Benthams (1748-1832) advocacy of the

utilitarian ethics was prompted by two important factors First was his disagreement with William Blackstones idea of the natural law theory Second, the wretched conditions of life in England at that time due to the rapid changes spawned by the Industrial Revolution and the sorry state of English laws and institutions which contributed a great deal to the misery of the people

 Bentham utilized the same considerations that Epicurus

and Plato mentioned the foundation of an expedient theory of the nature of the law, namely, what pleasures ought not to be sought and what pains ought to be avoided. In enlarging Platos idea, Bentham emphasized two ideas of his own. First, the nature has placed human beings under a regime of pleasures and pains. Second that every act or conduct is done to procure the happening of some good (pleasure) or to prevent the occurrence of some evil (pain). According to Bentham, experience shows that these are the forces that are constantly at work in the ordering of human society. A person instinctively seeks and enjoys pleasure or happiness and shuns and loathes pain or misery.

 To facilitate the application of

his criterion of goodness, Bentham provided a measure of utility in terms of pleasures and pains to evaluate the effects of acts and conduct on the greatest happiness of the greatest number of individuals in the community.

 1st- composed of several circumstances or factors:

Extensity- refers to the number of person affected Three grades:
1) endemic- falls on certain individuals primitive- if it is confined to one individual Derivative if it falls on certain individuals because of their relations with or their interest in, the first enjoyer or sufferer 2) epidemic- which affects a larger number of individuals in a

community due to their awareness or consciousness of the existence of pleasure or pain 3) pandemic- which falls on or spreads out to the entire community

Intensity- refers to the degree of pleasantness or

painfulness at a given time or over a period of time

 Duration- refers to the period of time the pleasure or

pain lasts Propinquity- refers to the influence of the more immediate rather than the remote pleasures or pain Fecundity- refers to the tendency to produce or lead to either pleasures or pains Purity refers to the tendency not to produce either pleasures or pains

 2nd-Composed of several factors which deals with

personal or individual differences

Temperament Health Strength

Physical Condition
Relationship Education Physical Defect

Mental Condition
Sex, Age ,Rank Occupation Trade Profession Religion

 They are very significant in the legal rules concerning

justifying, exempting, and aggravating circumstances in criminal law and acts which produce the grounds for damage, prevention and other reliefs in civil law

 The calculus of pleasure (justice) and pain (injustice)

should be applied for the accumulation of surplus pleasure or justice over pain and injustice Good- refers to that which causes happiness, not necessarily the happiness itself Bad- refers to that which causes misery not necessarily the misery itself - The proper goal, then of all governmental action is the Maximization of justice

 Law is a system of social control directing and

governing persons to the maximum happiness and to the minimum of misery Ends of law
to provide substance, to produce abundance, to encourage

equality and to maintain peace and security

 22 August 1818 17 September 1892

German Jurist
He is known for his 1872 book Der Kampf ums Recht

(The Struggle for Law), as a legal scholar, and as the founder of a modern sociological and historical school of law

 The law should address the realization of the

partnership of the individual and society There should be a concurrence of selfish individual interests with the general purposes of society When the interests of society are met, then the welfare of society is served and consequently the welfare of the individual members of the society are met too.