In the Interest of the Governed: A Study in Bentham’s Philosophy of Utility and Law

Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read but often caricatured. The present book, based on a study of Bentham’s most important works, offers a reinterpretation of Bentham’s main philosophical doctrines, his principle of utility and his analysis of law. The evidence indicates that Bentham was no ‘universalist’ in morals, but embraced a dual standard - in politics the community’s interest, in ‘private ethics’ the agent’s interest - which may in turn be based on the idea that government should serve the interests of those who are ‘governed’. The argument challenges many common assumptions about Bentham’s view of human nature and of political institutions. A new reading is also given to his theory of law, which suggests Bentham’s insight, originality, and continued interest for philosophers and legal theorists. In the Interest of the Governed was first published in 1973. This revised edition contains a new Preface, a revised Bibliography, and two new Indexes, one of Names and one of Subjects, which together replace the original index.