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This entry explores the concept of Utilitarianism, a philosophical theory established by Jeremy Bentham. Utilitarianism posits that humans naturally seek pleasure and wish to avoid pain, and thus, law should aim to provide the greatest happiness for the greatest number of individuals. This principle serves as a foundation for modern positive law, emphasizing that laws should be rooted in human reasoning. The discussion further relates Utilitarianism to broader themes in legal philosophy and ethics, illustrating its relevance in understanding human-centered lawmaking.
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Writing Definitions Identify: Establish the term or concept - simply and precisely. Anatomy of a Definition: Elaborate: Provide further information regarding the concept. Relate: Establish the relevance of the term to broader themes or concepts examined within the particular unit of study.
identifier elaborator relater Example A philosophy established by Jeremy Benthem. Utilitarianism: Based on the assumption that humans seek to obtain pleasure and avoid pain. States that law should seek to provide the greatest amount of happiness for the greatest number of people. Provides the basis for modern positive law, as it holds that law should be based upon human reason.
identifier elaborator relater Originality? Flexibility? So… am I looking for memorized definitions? Not at all! A legal theory. It was created by Jeremy Benthem. Utilitarianism: Benthem thought that humans wanted pleasure and hated pain, so he felt that law should give the most pleasure for the most people. This is a positive law perspective because it places the responsibility on people to make the law. Although not as eloquent, I would still give this a perfect mark.