UTILITARIANISME JEREMY BENTHAM DALAM FILSAFAT HUKUM: ANALISIS TERHADAP KONSEP KEBAHAGIAAN SEBAGAI TUJUAN HUKUM

Abstract

Abstract

This study is motivated by the importance of Jeremy Bentham’s thought in modern legal philosophy, which places utility and human happiness as the primary benchmarks for evaluating law through the theory of utilitarianism. The study aims to examine the background of Bentham’s ideas, the basic concepts of utilitarianism along with the hedonic calculus, and the position of utilitarianism as a method for testing the effectiveness of law and its relevance in social life and public policy. This research employs a qualitative approach using a library research method. The results show that Bentham’s utilitarianism functions as an evaluative framework for law that assesses the merits and shortcomings of legal rules based on their real benefits and the greatest happiness for society, although it continues to face criticism regarding the protection of individual rights and the difficulty of measuring happiness.

Keywords: Jeremy Bentham, utilitarianism, philosophy of law