Is Bentham a liberal?

IS BENTHAM A LIBERAL?
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Is Bentham a liberal?
Introduction
What is being liberal? Being liberal is the act of being open to political or social changes and reforms associated with either classical or modern liberalism or moreover being open to new ideas, willing to depart from established conventions or opinions. Jeremy Bentham was liberal due to his actions and ideas such as opposing the natural rights hence this makes him fall under classical liberalism which is one of the forms of liberalism. “If you hate much, punish much: if you hate little, punish little: punish as you hate. If you hate not at all punish not at all:” (Bentham, 1781, 2000 pg. 23). This article will thoroughly analyze all the claims that lead to the conclusion that Bentham was liberal due to his actions, ideas and beliefs and moreover, I will investigate the critique that is against the concept of Bentham being liberal and finally I will come with a conclusion whether Bentham is radical or not. It is, therefore, justifiable to conclude that Bentham was both liberal and not liberal at the same time due to the inadequate justification to make him standout firm on either side.
One of his famous works is the vision of functional existence, presented exciting insights into envisaging democratic governance in society. Bentham considered renowned rule as the means through which the idea of utilitarianism in civilization would materialize (Bentham, 2000, 16). His work has the evidence the image of the fundamental institutional structures underlying his vision of a democratic government.

Bentham saw people as the decisive and unquestionable holders of power “create all the happiness you are able to create; remove all the misery you are able to remove” (Bentham, 2000 14). Hence, the radical system that he proposed had this basis of ability as protecting it from the state authorities’ authoritarian behaviors (Bentham, 1843, n.p). The ideology emanated from the availability of democratic powers that allowed control over those governing. The ideas presented have a linkage to liberal views, but whether Bentham is a true liberal or not is a question that remains controversial. The essay supports the argument that Bentham was a true liberal.
Critiques have suggested that Bentham is not a real liberal because he is the proponent of the utilitarian philosophy (Bentham and the Public Opinion Tribunal, 1999, 321). The philosopher is famous for his ethical theory of “utilitarianism.” The idea behind this thinking is that moral actions are those who have the potential for generating the most significant good through maximization of pleasure and minimization of pain for the majority (Bentham, 2000, 14). The idea is one that is commonly used in countering the possibility that Bentham fitted in any other class of moral philosophy. While Bentham was focused on the most significant happiness principle, his work is evidence of a great deal of writing on the ideas of liberty and the philosophy of law. The focus on freedom as the basis for democracy grounds Bentham within the liberal school of thought.
Bentham did not only restrict himself to one philosophy like others such as Locke. Research has shown that Bentham had a general line thought, which means that he could have supported views that belonged to different schools of thought (Viner, 1949, 361). This claim implies that even though he was a utilitarian, he also presented ideas that were liberal. The argument points to the reality that while he was a utilitarian, he did not restrict himself to the only school of thought. He presents himself as a philosopher who saw positives in other philosophies even outside his primary one. He is one of the intellectuals that impacted the audience by thinking far and wide (Viner, 1949, 361). His general ideas played a role in the proposal for social reforms during his time. Bentham was never satisfied with the way the government was being run during the time, which formed the basis for his proposal for improvements “every law is an evil, for every law is an infraction of liberty: and I repeat that government has but a choice of evils” (Bentham, 1989). His ideas of reform cast him more of a liberal than a utilitarian.
Bentham is among the philosophers who wrote about liberal democracy and proposed the earliest definitions of the concept of liberty. He is among those who explained what is meant by people enjoying freedom. He defined the freedom as “the absence of restraint,” denoting “private” and “public” spheres where the person has the potential to enjoy individual sovereignty (Bentham, 1843, n.p). The description of liberty and its application to democracy made him a liberal. He further suggests that freedom should be the primary element in all the aspects of society and politics. The convictions on liberty provide evidence that Bentham was a liberal.
Bentham has been criticized for suggesting that there is nothing like an individual’s right to liberty (Gray, 1998, 18). Nonetheless, this does not indicate that he did not subscribe to the liberal school of thought. He realizes that liberal democracy holds value in society. Liberal democracy is considered to be valuable because of its underlying qualities such as being ‘pleasant’ to a majority. When people are allowed freedom to take part in society, they will achieve the greatest happiness. In case the freedom is restricted, it becomes ‘painful’ because of the negative outcomes (Gray, 1998, 19). Hence, it becomes evident that liberty falls within this primary school of thought, utilitarianism. Bentham stated that liberty did not hold so much value above all else, but had value based on its capability to advance the overall good; to maximize happiness for the majority. Unlike the philosophers who proposed the value of liberty in itself, Bentham maintained its roots in his original conception of morality, utilitarianism (Bentham, 2000, 15). This claim suggests that liberty is founded on the potential for the government to observe the happiness of the majority. He further claimed that the state’s power and laws are in existence and significant, only in as far as they promote the well-being of the members of society. These tools of governance should be able to uphold liberty and were in place to maximize the wellbeing of the people that they were designed to govern (Bentham, 2000, 15). He was an advocate of radical transformations within the legal and political structures.
The idea of liberty presented by Bentham fitted into the general concept of liberal politics. His plan was a “negative” liberty one, which suggested the freedom of the people from outside coercion or control (Esterhammer, 2000, 54). Liberal democracy is the notion that people should be able to live in a world where they experience freedom without being hindered. He opposes the existence of liberty within the natural as held by some philosophers of the time such as Locke (Esterhammer, 2000, 55). He also argued that there is no scope of liberty based on the independence of the person. He adds that people have always existed in society and that they have always been in need of the freedom. There is nothing like the state of nature or social contract from the perspective of the philosopher (Esterhammer, 2000, 55). Liberty has always had the value of ensuring the greatest happiness of the people. He claims that the people in society should be allowed the chance to enjoy the natural freedom. From the argument, Bentham held the liberal ideas in politics and culture.
Liberty has always had the value of ensuring the greatest happiness of the people.
Bentham stated that liberty did not hold so much value above all else, but had value based on its capability to advance the overall good; to maximize happiness for the majority. Unlike the philosophers who proposed the amount of liberty in itself, Bentham maintained its roots in his original conception of morality, utilitarianism (Bentham, 2000, 15). This claim suggests that privilege is founded on the potential for the government to observe the happiness of the majority. He further claimed that the state’s power and laws are in existence and significant, only in as far as they promote the well-being of the members of society. These tools of governance should be able to uphold liberty and were in place to maximize the wellbeing of the people that they were designed to govern (Bentham, 2000, 15). He was an advocate of radical transformations within the legal and political structures, allowing for greater representation in government, suffrage, and increased freedom. The change was meant to make the society more liberal for the greater good of the people.
Many scholars have categorized Bentham as a liberalist (Viner, 1949, 361). The classification is correct given that his work belongs to the classical liberalist school of thought. While he appears to belong between utilitarianism and liberalism, the characteristics of the liberal ideas fit in his work. From the perspective of a liberalist, he suggests that people must be allowed the chance to exercise their power freely. The state cannot make any impositions on the subjects because of the right to freedom. His claims are, in nature, based on the most significant happiness point of view, which does not necessarily found itself firmly within the liberalist tradition. Nonetheless, his views of freedom happening naturally, he becomes a liberal.
Some of his critics have suggested that the aggregate approach to Bentham is not based on the individualism of classical liberalism. The claims are used to indicate that his ideas only belong to the utilitarian tradition. Bentham is argued not to fall within the ancient liberal culture because of the morality approach. The claim that he is not a liberal is founded on the ideas presented in one of the works of his work, “Anarchical Fallacies” (De Champs, 2016). Among the things he speaks about is that people do not have natural rights. The right to freedom is argued to be one of the rights that he does not believe in (Follett, 2013, 422). It is Bentham who was the father of one of the most famous utopian socialists, Robert Owen. Since he produced such socialists, he is believed by critics not to support liberalism. However, from what Bentham wrote, it is evident that he was an individualist and can be seen that he was a part of the classical liberal tradition. He opposed natural rights because of the idea that ethics were solely based on the significance of utmost pleasure and minimization of pain. The “hedonic calculus” could be used as the basis for measuring the value of happiness (Bentham, 1781, 2000, 32). Bentham could be able to categorize happiness in different ranks based on elements such as intensity and duration of pleasure. According to him, satisfaction was critical for all beings, not just humans and it could be obtained if there was liberty.
Bentham was firmly rooted in classical liberalism and a strong artistic liberal. He is one of the greatest supporters of economic liberty (Follett, 2013, 422). In the opinion of the philosopher, no person should be hindered from taking part in industrial bargains as long as the person is acting in free will and knows what one is doing. It shows that he was a staunch believer of the freedom of the individual to take part in the social and economic system (Follett, 2013, 422). Bentham must have firmly believed in liberalism to have mentored some of the leading proponents of the tradition such as John Stuart Mill. Mill later wrote On Liberty (1859) Bentham could not have taught something that he did not believe in. Although he did not believe in natural rights, there is no doubt that Bentham believed in liberty and hence was a liberal.
The fundamental freedom of the people was at the center of the claims presented by Bentham. One of the areas that this is clear is in the pursuit of the economic freedom as the basis for ensuring wellbeing. Bentham introduced a political economy founded on a classical liberalist tradition. The search and achievement of financial independence would also bring out the pleasure that Bentham proposed in his theory. The government, therefore, should not oppress the people or deny them their freedom as this would lead to pain (Bentham, 1781, 2000, 28). While some people might criticize the views of Bentham as existing outside the classical liberalist tradition, the critics are not right. Bentham might have been utilitarian, but his views were also founded on a liberal point of view. The argument is based to such an extent that some scholars have referred to him as a liberal utilitarian.
In the Book of Fallacies, Bentham is critical about the denial of liberty by those in government. Given his critics of the oppressive governance, he is a defender of freedom, hence, a liberal. In the text, he presents a compelling argument about the ‘sinister interest’ inherent in the parliamentary systems. The point presented is that the people assuming the positions of power use it to advance their interests instead of seeking ‘the greatest happiness of the greatest number’ (De Champs, 2016, 314). Bentham used classical utilitarianism to advance and claim a position within the ancient liberal tradition. He argued that the politics of his time were founded in a fallacy used by those in power to deny the people their freedom. The statement shows that he understood the criticality of upholding the liberty of the people by the government. Only a philosopher who was grounded in liberalism would argue for the need to promote freedom in government.
Liberty is compared to the interest of the people being served by the government. According to Bentham, the people were the holders of the power that they passed on to the elected officials. The people surrender their control in the hope that their rights, including liberty, will be observed (Follett, 2013, 423). The philosopher views that this is not always the case as the elected officials use the fallacy to deny the people their power. The classical utilitarianism holds the need for the members of society to have their interests (pleasure) being protected by those governing them. In An Introduction to the Principles of Morals and Legislation (1781), Bentham proposed the need for reforms that could make it possible for the people to have their interests protected (Bentham, 1781, 2000, 140). Such changes could only be possible within a liberal system, which means that the philosopher understood and promoted liberalism in society.
Bentham locates his work during a time that indicates that he must be a liberal in the ideas that he proposed. It was a time when the society was ruled by individuals who were satisfied with the status quo. The change was not welcome, at least, by those in government. Liberalism emerged as the tradition that would call for significant transformations in the political and economic realms. The intellectuals at the time were the leading proponents of the change. Bentham remains one of the most remarkable proponents of the reform. The government was focused on the cost of replacement, but not on the benefits that could emanate from such transformations (Viner, 1949, 361). Economic and political liberalism was critical at the time. Given that Bentham was in support of the change means that he was a strong proponent of freedom. Although he did not see it as a natural right of the people to have liberty, he considered it necessary from an ethical perspective.
Liberalism has founded the criticality of the achievement of economic freedom for the general well-being. People are freer if their financial situation is improved. Bentham was focused on the importance of the betterment of the economic condition of the masses. Where the society has only a few of the elite benefiting from the financial resources of the community, actual freedom is not possible. If the majority are not benefiting from the economic income, it means that the moral concept of Bentham is not being observed. At the same time, it says that the people are away from achieving economic freedom (De Champs, 2016, 316). From the statement, it means that there is a line of intersection between the two. When the system allows economic freedom, it means that the wellbeing of the majority is achieved. It also becomes evident that while Bentham was focused on the greater good of the majority, he did not leave out his views on the generous nature of the system.
From the viewpoint of Bentham, it is possible to gain the ultimate happiness with the right kind of government. It is what he refers to as ultimate utility, which is dependent on having in place the proper political and legal systems. The law in place should conform to the need to observe the happiness of those being governed (Bentham, 1781, 2000, 29). It is not possible for the people to achieve the utmost satisfaction devoid of liberty “every law is an infraction of liberty” (Bentham 1989). People who are experiencing economic and political oppression cannot have the chance to experience the maximum utility. It is from this perspective that the philosopher calls for significant reforms. The reforms should include the change in laws and policies to have them respect the individual freedom.
The argument that Bentham was a philosopher biased towards morality is founded. However, he is one of the most radical theorists of his time. He has been referred to as a philosophic radical whose work indicated an essential conviction towards political philosophy. He, together with other philosophers such as Mill and Herbert Spencer agreed that most of the problems that affected society at the time were as a result of the traditional legal system. The economy, during their time, was under the control of landed gentry, which meant that happiness was being experienced by a few. Political reform was necessary to transfer power from the few to the majority because this was how things ought to be. Human nature was critical to the changes that were proposed (Bentham, 1781, 2000, 29). He was introducing a model of democracy that would improve the well-being of the people, which made his ideas more liberal.
The proposal for change by the philosopher was more liberal than utilitarian. He favored the rational turn to the legal system. He argued for the need to restructure the process used in the determination of accountability and of penalty, as well as a more comprehensive system of protection of freedom (Bentham, 1781, 2000, 140). As the individualist that he is, he wanted to see a system that would allow for the personal development in the process of developing the community. The work indicated that he was more focused on the generous nature of the world that would be created as opposed to a focus on the tradition like other philosophers such as Blackstone did. Evidently, Bentham was more liberal in that he was not bound to the traditional ideas of philosophy that did not necessarily advocate for change in governance and the legal system (Bentham, 1989 31). He did not merely write about what was wrong with the current system but went a step further to be a force behind the need for change.
Bentham was not necessarily opposed to the notion of the natural right. On the contrary, he looked far beyond the idea of the person having such a fundamental right, to make the system in such a way that the greater good of all the people is observed. Where the utility theory is followed in practice, it was possible to bring forth protection of all the rights of the people, natural or otherwise. Bentham did not want to focus on the traditional view of morality like other philosophers, such as Locke, did. The philosopher wanted to be part of something more significant. He was an essential part of the building of the liberal democracy, a system with laws that protected the well-being of the people (Bentham, 1843, n.p). It is for this reason that he repudiated essential ideas that underlie the recent political, philosophical traditions, including natural rights. His efforts were mainly liberal from the perspective that he sought freedom of the self in governance.
Conclusion
Bentham is one of the notable philosophers in the world of ethics and morality. He is known as the father of utilitarianism, the idea of morality being the advancement of the most critical happiness to the majority and minimization of pain. While there is an agreement about his role in proposing this ethical principle, there is controversy surrounding his ideas about liberalism. Some scholars might argue that the philosopher was not a liberal from the fact that he denied such ideas as humans having a natural right. However, this cannot be used to discount his role in liberalism given that he has contributed a great deal in the classical liberal tradition. He is a major proponent of change in the political arena to bring forth a more liberal system. The philosopher desires to have a system in place where there is no constraint to the enjoyment of freedom by the people.

Reference List
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Bentham, J. 1843, The Works of Jeremy Bentham, vol. 2 (Judicial Procedure, Anarchical Fallacies, works on Taxation) [1843]
Bentham, J. 1989, First Principles Preparatory to Constitutional Code, Clarendon Press. Retrieved from https://books.google.co.ke/books?id=fm0aK_WjTbwC&dq=First+Principles+Preparatory+to+Constitutional+Code&hl=en&sa=X&ved=0ahUKEwickfqw_trYAhUIzRQKHYRYC4oQ6AEIJzAA
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