This theory was basically developed by Bentham:
“The greatest happiness of the greatest number of people” according to this theory law be like this “Give happiness to maximum people at a maximum rate” because laws are made for people and people want to get rid of panic situations and live happily thus law fulfills people desires and finishes their dislikes for each other. However, In society contradiction come in desires, thus, it will be good for happiness if we give importance to those who are in the majority. According to this theory, everyone can do anything but with the mutual consent of another. Homosexuality was the result of this theory.
With reference to Austin
Anyway, Austin was a student of Bentham as well as he supports his theory so far. Austin promoted Bentham’s theory of utilitarianism, further, he said that we should focus on utility and happiness in law and for that morality should be separated, which means there is no value for morality, a law should be made according to the wishes of people, that is the reason to accept this theory, because of that morality values got damaged in the eyes of reasonable person of the society.
Austin promoted Bentham’s concept of utilitarianism in this way:
- Law and morality should be separated from each other because morality values can change with emotions or emotional situations but the law cannot change.
In same crimes morality can change our mind to take different decisions,
Mr. A took some amount from Mr. B house and Mr. B saved that amount for the medicine of his ill son, and he couldn’t buy the medicines on time, the amount was taken by Mr. A illegally so he will consider as a theft plus as a murderer because of him, Mr. B child had died in hospital. Here Morality says he should be punished for theft and for murder and the punishment must be strict.
Mr. C is a quite poor man, his children are hungry so he took some amount from Mr. D house. Here Morality says Mr. C should be punished but the punishment shouldn’t be strict because his intentions were not malice being a father of hungry children and he had no choice at that time to feed his children.Thus, in morality, we cannot find law uniformity which means equality that’s what the reason law should be separated from morality.
2. When Bentham gave the concept of Utilitarianism he rejected the divine law that is God made law but at that time Austin said we cannot reject Divine law completely in Utilitarianism but yes we can use it as a source of law, he further said that we should accept divine law on the basis of some reasons which means how many provisions of divine law in law can provide utility.
3. Austin said that to carry the law, it is necessary to make an authority for making the law and to govern it. He gave the definition of law according to this point and that is:
“Law is the command of the sovereign backed by sanction”
One more reason of Austin concept of Utilitarianism is, it is based on Positivism which means man-made law.