Filsafat Hukum 8: Aliran Utilitarianisme

Summary

This video explores utilitarianism in legal philosophy, focusing on key figures like Jeremy Bentham, John Stuart Mill, and Rudolf Von Jhering. Bentham advocates for laws that maximize happiness for the greatest number of people, judging actions based on the happiness they bring. Mill criticizes Bentham's focus on quantity, instead emphasizing the quality of happiness and individual freedom. Jhering adds that law should protect societal interests, aiming to prevent suffering and promote communal well-being. Together, these thinkers shape the idea that law's primary function is to ensure happiness and justice for society.

Takeaways

• 😀 Utilitarianism in law aims to maximize happiness and minimize suffering for the greatest number of people.
• 😀 Jeremy Bentham is a key figure in utilitarianism, emphasizing that actions should be judged by whether they increase happiness or reduce suffering.
• 😀 Bentham's famous principle, 'The Greatest Happiness of the Greatest Number,' suggests that laws should promote collective happiness.
• 😀 Bentham believed that laws are only useful if they contribute to the happiness of individuals and society.
• 😀 Bentham argued that the severity of a crime should be measured by the amount of harm or suffering it causes society.
• 😀 John Stuart Mill critiqued Bentham's focus on the quantity of happiness, arguing that the quality of happiness is also important.
• 😀 Mill introduced the idea that individuals should be free to do as they please, as long as their actions do not harm others.
• 😀 Unlike Bentham, Mill emphasized that the quality of pleasure and happiness should be a key factor in determining what is good.
• 😀 Rudolf von Jhering's view on law aligns with Bentham and Mill in prioritizing happiness, but he focused more on protecting the interests of society.
• 😀 All three philosophers—Bentham, Mill, and von Jhering—agreed that law should serve to enhance happiness, protect individuals, and benefit society.

Q & A

What is the core idea behind the utilitarian philosophy as discussed in the video?

The core idea behind utilitarianism, as discussed, is that human actions should aim to achieve the greatest happiness and minimize suffering. This philosophy emphasizes the importance of happiness for the largest number of people.

What does Jeremy Bentham argue regarding human actions?

Jeremy Bentham argues that humans act to achieve the greatest happiness and to reduce suffering. The morality of actions, according to Bentham, is determined by whether the actions bring about happiness or not.

What is Bentham's famous principle related to law and justice?

Bentham's famous principle related to law and justice is 'The Greatest happiness of the greatest number.' This principle asserts that laws should aim to maximize happiness for the largest number of people.

According to Bentham, what is the primary goal of legislation?

According to Bentham, the primary goal of legislation is to ensure the welfare of individuals by providing food, protection, and equality. Laws should guarantee happiness for individuals.

How does Bentham view the role of law in society?

Bentham views the role of law in society as providing happiness to individuals. A good law should optimize happiness and minimize suffering, benefiting the overall well-being of society.

What criticism did John Stuart Mill have regarding Bentham's utilitarianism?

John Stuart Mill criticized Bentham's utilitarianism for focusing solely on the quantity of happiness. Mill argued that the quality of happiness and pleasure should be emphasized, as not all pleasures are equal in value.

What does John Stuart Mill emphasize in his version of utilitarianism?

John Stuart Mill emphasizes the importance of the quality of happiness and pleasure. He believes that not all pleasures are equal, and the quality of pleasure should be considered in moral judgments.

How does Mill's view on individual freedom differ from Bentham's perspective?

Mill's view on individual freedom differs from Bentham's in that Mill argues that individuals should be free to act however they wish, as long as their actions do not harm others. Bentham, on the other hand, focused on preventing harm to many people.

What does Rudolf von Jhering contribute to the utilitarian view of law?

Rudolf von Jhering contributes to the utilitarian view of law by emphasizing that the law should protect the interests of society. He argues that the purpose of law is to promote happiness and prevent suffering within society.

What is von Jhering's view on the purpose of law and its relationship with happiness?

Von Jhering views the purpose of law as the protection of societal interests. He argues that law should guarantee happiness by ensuring the well-being of society, which includes promoting pleasure and avoiding suffering.