Uma reconstrução racional da concepção utilitarista de Bentham / A rational reconstruction of the Benthams utilitarianism conception
AUTOR(ES)
Maria Cristina Longo Cardoso Dias
DATA DE PUBLICAÇÃO
2007
RESUMO
The aim of this work is to determine the limits between ethics and legislation through the theoretical conception of Jeremy Bentham. In order to achieve this aim, it will be done a rational reconstruction of his theoretical system, using The Methodology of Science Theory [MTC] and The Methodological of Scientific Research Programmes. Once done the Rational Reconstruction of the Benthams Theoretical Conception, it will be demonstrated (through elements of his system) that the principle of utility indicates the limits between these fields. It means that, this principle will dictate the scope and the limits between the legislation and ethics. It will be possible to comprehend that establishing boundaries between ethics and legislation, through the principle of utility, means setting a balance analysis involving pleasure and pain. In contemporary language, it can be said that this examination will be done in terms of cost and benefit. The elaboration of legislation and the application of punishment to certain transgressions tend to generate social costs more elevated than the created benefit. In other words, the legislation shall not be applied to some kinds of transgressions, but only the rules of ethics.
ASSUNTO(S)
bentham;ethics; legislation; rational reconstruction; utilitarianism bentham; Ética; legislação; reconstrução racional; utilitarismo
