THE BOUNDS OF BENTHAM’S ETHICS

Abstract

The aim of this article is to understand the bounds or the importance of ethics in Jeremy Bentham’s theoretical conception. To identify the place of ethics in his writings, it was necessary to establish the limits between ethics and legislation, because to some cases, when the general tendency of the act is bad, formal punishment becomes disadvantageous yielding place to the rules of ethics, trough the moral sanction.

In other words, it will be possible to comprehend that studying the place of ethics in Bentham’s theoretical system requires that the limits between ethics and legislation be established. It is thesis of this work that the principle of utility sets the boundaries between pleasure and pain or coast and benefit to decide about the necessity of establishing rules to punish the agents. The application of punishment to certain transgressions tends to generate social costs more elevated than the created benefit. Therefore, the legislation shall not be applied to some kinds of transgressions, but only the rules of ethics.