JURISPRUDENCE

Jurisprudence

[Writer's institution]Jurisprudence

Introduction

Throughout the history, men have faced issues that have raised controversial debates. The concept of liberty and the extent to which an individual and an entity is allowed to exercise their will is still not defined. The theories of sociology like that of social contract would define the role of an individual and the extent to which an individual has to oblige the laws that govern him. Most of the theorists believe that it is the state law that governs the behaviours of the inhabitants of the state, whereas others believe that the state does not have the authority to intervene in some matters. John Stuart Mill, a utilitarian, was of the belief that the individual can do anything to satisfy his desires and the state only has the right to intervene if that individual is involved in a felony or harms someone intentionally.

Discussion

The utilitarian concepts that were assumed by Mill were based on the assumption of Jeremy Bentham, who believed that the morality of an action can only be judged by identifying the level to which the majority of a state has accepted it. In other words, it is the will of the majority in a state that justifies an action. An action that is perceived as good by majority of the people within a state has to be regarded as universally ethical because of the acceptance level that it has attained. For Bentham, it was the usefulness of a particular action or product that was of an utmost importance because that is the only way one can weigh the importance of a particular action or product. So, according to Bentham, an individual's willingness to give up some amount of other product determines the usefulness of the particular product. It can be extracted, through this belief, that the most important thing, in order for a product to be perceived as ethical and useful, is the acceptance of the product by the inhabitants of a state.

Mill, inspired by the thoughts of Bentham, was of the belief that an individual has the authority to exercise freewill. The government can only interfere or keep an individual from doing something if that individual is involved in activities that can serve to harm the collective good. Apart from the respect that he gives to the collective good, Mill proposes that the individual good is also an important aspect to be considered because an individual has the right to do whatever he wants to. Mill believes that the individuals can do anything as long as it does not concern others. He is of the belief that an individual cannot sustain his freedom at the stake of the society. Individual good cannot and should not become a reason for someone to sacrifice the societal good.

Mill believes that the people of a certain society decide to act for the good and the bad as they could carry out the best judgments. They could instigate the government against something evil or have it on board in order to ...