Relationship between Recognition of “the Poor” and Criminal Law Reform in Benthamite Utilitarianism: Focusing on the Criticism of Natural Rights Theory

• Published in: Eibeibunka: Studies in English Language, Literature and Culture Vol. 54; pp. 61 - 80
• Main Author: TOMIKAWA, Takako
• Format: Journal Article
• Language: Japanese
• Published: The Society of English Studies 31.03.2024; 英米文化学会
• ISSN: 0917-3536; 2424-2381
• DOI: 10.20802/eibeibunka.54.0_61

This paper analyzes the purpose and legitimacy of relief support for “the poor” under positive law in Benthamite utilitarianism. First, the author compares the recognition of “the poor” in Jeremy Bentham’s theory of utility with their recognition in John Locke’s theory of natural rights. Second, the author considers it in conjunction with the purpose of criminal law reform. Locke’s ideas included no assumption of the rights of “the poor” as citizens. On the other hand, Bentham’s theory of utility argued that to enhance utility for society, it was necessary to alleviate the suffering of the “the poor.” Bentham justified bringing “the poor” under the control of the law in support of positive legalism associated with utilitarianism. This coincided with the desire of industrial capitalists to control property infringements by the “the poor” more effectively through positive law and promoted the criminal law reform movement.