1748-1832

"Every law is an evil, for every law is an infraction of liberty: And I repeat that government has but a choice of evils: In making this choice, what ought to be the object of the legislator? He ought to assure himself of two things; 1st, that in every case, the incidents which he tries to prevent are really evils; and secondly, that if evils, they are greater than those which he employs to prevent them."

Jeremy Bentham, an English philosopher, lawyer, and progressive reformer, founded the theory of utilitarianism that changed the face of penal reforms. Utilitarianism is the belief that something’s value depends on its utility, and that all laws, rules, and actions should be geared towards bringing about the greatest amount of happiness, or good, for the greatest amount of people. Bentham believed that each punishment should match its crime by examining the motives behind the crime. He believed that the pain caused by the crime should match the pain received by punishment, and tried to work this out down to a science. He was against capital punishment and worked to put an end to it, but he specifically worked to reform in the courtroom by instating rules on evidence, a more controlled judiciary process, and more room for mercy on convicts.