Jeremy Bentham person if this would produce an amount of happiness in other people outweighing the unhappiness of the tortured individual. However, as P. J. Kelly argued in "Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law", Bentham had a theory of justice that prevented such consequences. According to Kelly, for Bentham the law "provides the basic framework of social interaction by delimiting spheres of personal inviolability within which individuals can form and pursue their own conceptions of well-being". It provides security, a precondition for the formation of expectations. As the hedonic calculus shows "expectation utilities" to be much higher than
Jeremy Bentham the felicific calculus, Bentham proposed a classification of 12 pains and 14 pleasures, by which we might test the "happiness factor" of any action. Nonetheless, it should not be overlooked that Bentham's "hedonistic" theory (a term from J.J.C. Smart), unlike Mill's, is often criticized for lacking a principle of fairness embodied in a conception of justice. In "Bentham and the Common Law Tradition", Gerald J. Postema states: "No moral concept suffers more at Bentham's hand than the concept of justice. There is no sustained, mature analysis of the notion..." Thus, some critics object, it would be acceptable to torture one