Study on the Rationality of Utilitarian Philosophy of Law-An Analysis

Abstract

The modern doctrine of sovereignty is derived basically from two thoughts of developmentwhich emerged during the end of Indian medieval history. On the one side there was anemergence of new National States which are curious enough to assert their absoluteindependence during the new age of economic expansion by rejecting the feudal notionsincluding exaggerated lordship or papal interference and on the other side, the departurefrom medieval idea of law based on fundamental customs and legislations as a form ofdeclaring the existence of new customs. The Utilitarian Philosophy is based on theconsequential ideology of rightness or wrongness of any action is determined through thegood and bad consequences of that act. Bentham developed a liberal theory of justice basedon egalitarian principles in order to secure the life of the people in cooperation with eachother. The new approach based on secularist and positivism even when the lip services arenotionally subjected to override the natural law. Positivism flourishes in stable socialconditions highlighting the difficulties involved in maintaining a rigid separation between‘what is’ and ‘what ought to be’ are only projected to the forefront when conditions arecritical. The theory and principles work as a manual of instructions to the legislators. Thispaper analyses the rationality of Utilitarian philosophy in terms of its feasibility andadequateness of law to attain welfare society.