A critical analysis of Jeremy Bentham's Doctrine of Utilitarianism, its efficacy and application in Africa's Legal System
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Date
2018-05
Authors
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Publisher
Kampala International University; School of Law
Abstract
The thesis analyses the doctrine of Utilitarianism as propounded by the English philosopher, Jeremy Bentham. It encompasses the basic principles that nurture the Utilitarian discourse in all its pursuits. The study also encounters the various types of Utilitarianism and the criticisms thereto in which it is presented that besides laws, even rules, actions and motives must produce the desired happiness of the greatest number of people so as to pass the Utilitarian test. The study then considers a scrutiny of the laws in Africa based on the legal frame work of some selected jurisdictions, vide; the Republic of Uganda, the Federal Republic of Nigeria, the Republic of Kenya, the Republic of Rwanda, the Republic of South Sudan, the United Republic of Tanzania and the Republic of South Africa, to establish whether they emulate the Utilitarian threshold based on the "greatest happiness for the greatest number" calculus. Recommendations have been suggested to foster the Utilitarian theory in Africa's legal arena and a conclusion has been drawn to close the thesis.
Description
A dissertation submitted to the Faculty of Law in partial fulfillment of the requirements for the Award of Bachelors Degree of Laws of Kampala International University
Keywords
Jeremy Bentham's Doctrine, Utilitarianism