2019
DOI: 10.14324/111.2045-757x.046
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Speech, truth and liberty: Bentham to John Stuart Mill 1

Abstract: Bentham’s Utilitarianism transforms earlier free speech doctrine in the service of the pursuit of truth and the control of government, preserving the distinction between statements of opinion and of fact and awarding the latter a lesser degree of protection. The work of James Mill and the early writings of John Stuart Mill retain this distinction, but their accounts are weighed down by the problems of a direct Utilitarian approach, in their consequentialist balancing of different values against each other, and… Show more

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Cited by 5 publications
(3 citation statements)
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“…Not only would this predictably cause a stampede, but it would not be easy in the ensuing panic to convey that it was a false alarm (McKinnon 2016 ). Thus, restrictions on expression are justified in these cases, not because of the content of what is expressed, but by features of the circumstances—that is, because of “the deficits of the situation when viewed as a forum for deliberation” (Niesen 2019 , 15).…”
Section: Applicationmentioning
confidence: 99%
“…Not only would this predictably cause a stampede, but it would not be easy in the ensuing panic to convey that it was a false alarm (McKinnon 2016 ). Thus, restrictions on expression are justified in these cases, not because of the content of what is expressed, but by features of the circumstances—that is, because of “the deficits of the situation when viewed as a forum for deliberation” (Niesen 2019 , 15).…”
Section: Applicationmentioning
confidence: 99%
“…Utility is a principle that, according to Bentham (Plamenatz et al;Brian, 2023), approves or rejects any action that increases or decreases the happiness of the party affected by the action. Approving and rejecting the action is seen from whether the consequences of the action are good or not (Niesen, 2019). In this case, the Government must increase the community's happiness.…”
Section: The Purpose Of Law In Jeremy Bentham's Perspectivementioning
confidence: 99%
“…According to Bentham, the utility principle is a principle that approves or rejects any action that increases or decreases the party's happiness affected by the move. Approving and reject-ing the activity is seen from whether it is good or not (Niesen, 2019). In this case, the Government must increase the happiness that the community will enjoy.…”
Section: Literature Reviewmentioning
confidence: 99%