utilitarianism. The philosophical and economic doctrine that the best social policy is that which does the most good for the greatest number of people; esp., an ethical theory that judges the rightness or wrongness of actions according to the pleasure they create or the pain they inflict and recommending whatever action creates the greatest good for the greatest number. • This is one type of consequentialism. As a way of analyzing intellectual-property rights, utilitarianism takes the point of view of society rather than the individual inventor, author, or artist, and justifies the rights as an incentive for social and technological progress. See CONSEQUENTIALISM. Cf. LOCKEAN LABOR THEORY; PERSONALITY THEORY. — utilitarian, adj. & n.
hedonistic utilitarianism. The theory that the validity of a law should be measured by determining the extent to which it would promote the greatest happiness to the greatest number of citizens. • This theory is found most prominently in the work of Jeremy Bentham, whose “Benthamite utilitarianism” greatly influenced legal reform in 19th-century Britain. Hedonistic utilitarianism generally maintains that pleasure is intrinsically good and pain intrinsically bad. Therefore, inflicting pain, as by punishing a criminal, is justified only if it results in a net increase of pleasure by deterring future harmful behavior.
— Also termed Benthamism. See utilitarian-deterrence theory; BENTHAMITE. Cf. RETRIBUTIVISM.
双语律师Denise，知名法学院国际私法专业，擅长翻译各类与
国际争议解决相关的法律文件。
