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 is defined by Bentham as physical as well as spiritual. Bentham writes about this principle as it manifests itself within the legislation of a society. He lays down a set of criteria for measuring the extent of pain or pleasure that a certain decision will create. The criteria are divided into the categories of intensity, duration, certainty, proximity, productiveness, purity, and extent. Using these measurements, he reviews the concept of punishment and when it should be used as far as whether a punishment will create more pleasure or more pain for a society. He calls for legislators to determine whether