Jeremy Bentham punishment creates an even more evil offence. Instead of suppressing the evil acts, Bentham argues that certain unnecessary laws and punishments could ultimately lead to new and more dangerous vices than those being punished to begin with, and calls upon legislators to measure the pleasures and pains associated with any legislation and to form laws in order to create the greatest good for the greatest number. He argues that the concept of the individual pursuing his or her own happiness cannot be necessarily declared "right", because often these individual pursuits can lead to greater pain and less pleasure for a
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