Utilitarian Lawmaking: Applying Felicific Calculus To Legislation

how to apply felicific calculus to making laws

The felicific calculus is an algorithm formulated by utilitarian philosopher Jeremy Bentham for calculating the degree or amount of pleasure that a specific action is likely to induce. Bentham, an ethical hedonist, believed the moral rightness or wrongness of an action to be a function of the amount of pleasure or pain that it produced. The felicific calculus could, in principle, determine the moral status of any considered act.

The felicific calculus can be used to inform lawmaking by weighing the consequences of any given decision. Bentham's ideology directs us to weigh seven factors to help determine prospective consequences:

1. Intensity: How intense will the pleasure or pain be?

2. Duration: How long will the pleasure or pain last?

3. Certainty: How certain are we that the pleasure or pain will actually happen?

4. Onset (Propinquity): How soon will the pleasure or pain occur?

5. Repeatability (Fecundity): What are the chances that these consequences will be repeated?

6. Opposite effect (Purity): What are the chances that the pleasure or pain could be reciprocated?

7. Number of people (Extent): How many people will be affected by this decision, and in what way?

Characteristics Values
Intensity How strong is the pleasure?
Duration How long will the pleasure last?
Certainty or uncertainty How likely or unlikely is it that the pleasure will occur?
Propinquity or remoteness How soon will the pleasure occur?
Fecundity The probability that the action will be followed by sensations of the same kind.
Purity The probability that it will not be followed by sensations of the opposite kind.
Extent How many people will be affected?

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Intensity: How strong is the pleasure?

The felicific calculus is an algorithm formulated by utilitarian philosopher Jeremy Bentham for calculating the degree or amount of pleasure that a specific action is likely to induce. The intensity of the pleasure is one of the seven variables that Bentham called "circumstances" that should be included in this calculation.

Units of Pleasure and Pain

The units of measurement used in the felicific calculus are:

  • Negend (aka dolor) – Unit of pain. Derived from the “negative end result”.
  • Posend (aka hedon) – Unit of pleasure. Derived from the “positive end result”.

Variable Definitions

The intensity of the pleasure is the first of the seven variables of the pleasures and pains included in this calculation. The others are:

  • Duration: How long will the pleasure last?
  • Certainty or uncertainty: How likely or unlikely is it that the pleasure will occur?
  • Propinquity or remoteness: How soon will the pleasure happen?
  • Fecundity: The probability that the action will produce other pleasures.
  • Purity: The likelihood that the action won’t cause pain.
  • Extent: How many people will be affected?

Instructions for Calculating Net Harm/Benefit of an Action

To calculate the net harm/benefit of an action, Bentham's instructions are as follows:

  • Consider a conscious being most immediately affected by an action.
  • Rate the following for this being on a scale of 1 to 10:
  • Each different pleasure that appears to be produced by it in the first instance
  • Each pain that seems to be produced by it in the first instance
  • Each pleasure that appears to be produced after the first. The sum constitutes the fecundity of the first pleasure and the impurity of the first pain.
  • Each pain produced by it after the first. The sum constitutes the fecundity of the first pain and the impurity of the first pleasure.
  • Repeat the process for each conscious being impacted.
  • Sum the posends for everyone and subtract the negends for everyone.
  • The act is a net good for the community if the total exceeds 0 (i.e., posends exceeded negends). It’s a net evil if the result is below 0.

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Duration: How long will the pleasure last?

The felicific calculus is a framework for determining the moral rightness or wrongness of an action by calculating the amount of pleasure or pain it will induce. This framework was developed by utilitarian philosopher Jeremy Bentham, who believed that pleasure and pain are the true motivators of humanity's decisions.

The duration of the pleasure or pain induced by an action is one of the seven variables that make up the felicific calculus. The other variables are:

  • Intensity: How strong is the pleasure?
  • Certainty or uncertainty: How likely or unlikely is it that the pleasure will occur?
  • Propinquity or remoteness: How soon will the pleasure occur?
  • Fecundity: The probability that the action will be followed by sensations of the same kind.
  • Purity: The probability that it will not be followed by sensations of the opposite kind.
  • Extent: How many people will be affected?

When considering the duration of the pleasure or pain induced by an action, it is important to think about how long the pleasure or pain will last. Will it be a fleeting sensation or a prolonged experience? For example, the pleasure of eating a delicious meal may be intense, but it will likely be short-lived. On the other hand, the pain of losing a loved one may be less intense, but it could persist for a much longer period.

In the context of law-making, considering the duration of pleasure or pain can help legislators understand the long-term impact of their decisions. For instance, a law that brings immediate pleasure to a large number of people but leads to prolonged pain for a small group could be seen as morally questionable.

Additionally, the duration of pleasure or pain can be influenced by other variables in the felicific calculus. For example, the certainty of an action may affect its duration. A pleasure that is certain to occur may last longer than one that is uncertain. Similarly, the fecundity and purity of an action can impact its duration. If an action is likely to be followed by repeated sensations of the same kind (high fecundity) and not followed by sensations of the opposite kind (high purity), the pleasure or pain it induces is more likely to be prolonged.

In summary, when applying the felicific calculus to law-making, it is crucial to consider not only the intensity of the pleasure or pain induced but also its duration. This involves thinking about how long the sensation will last and how it may be influenced by other factors such as certainty, fecundity, and purity. By carefully weighing these factors, legislators can make more informed decisions about the potential long-term consequences of their actions.

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Certainty: How likely is the pleasure to occur?

The felicific calculus is an algorithm formulated by utilitarian philosopher Jeremy Bentham for calculating the degree or amount of pleasure that a specific action is likely to induce. Bentham, an ethical hedonist, believed the moral rightness or wrongness of an action to be a function of the amount of pleasure or pain that it produced.

The 'certainty' factor in Bentham's felicific calculus is one of the seven variables (or vectors) that he called "circumstances". The others are:

  • Intensity: How strong is the pleasure?
  • Duration: How long will the pleasure last?
  • Propinquity or remoteness: How soon will the pleasure occur?
  • Fecundity: The probability that the action will be followed by sensations of the same kind.
  • Purity: The probability that it will not be followed by sensations of the opposite kind.
  • Extent: How many people will be affected?

The 'certainty' factor in the felicific calculus asks: How likely or unlikely is it that the pleasure will occur? This is a measure of the probability that the pleasure or pain will occur.

Bentham's felicific calculus can be applied to any action to determine its moral status. The process involves taking an exact account of the general tendency of any act, and how the interests of a community are affected. This involves taking into account the value of each distinguishable pleasure and pain produced by the act, and summing up the values of all the pleasures and pains. The balance, if it is on the side of pleasure, will give the good tendency of the act, and if on the side of pain, the bad tendency.

The felicific calculus can be used to make laws by applying it to any proposed legislation to determine its moral status. This would involve assessing the likelihood of the proposed law producing pleasure or pain, and how this would affect the community.

Bentham's instructions for applying the felicific calculus are as follows:

> Begin with any one person of those whose interests seem most immediately to be affected by it: and take an account, of the value of each distinguishable pleasure which appears to be produced by it in the first instance; of the value of each pain which appears to be produced by it in the first instance; of the value of each pleasure which appears to be produced by it after the first. This constitutes the fecundity of the first pleasure and the impurity of the first pain; of the value of each pain which appears to be produced by it after the first. This constitutes the fecundity of the first pain, and the impurity of the first pleasure. Sum up all the values of all the pleasures on the one side, and those of all the pains on the other. The balance, if it be on the side of pleasure, will give the good tendency of the act upon the whole, with respect to the interests of that individual person; if on the side of pain, the bad tendency of it upon the whole. Take an account of the number of persons whose interests appear to be concerned; and repeat the above process with respect to each. Sum up the numbers expressive of the degrees of good tendency, which the act has, with respect to each individual, in regard to whom the tendency of it is good upon the whole. Do this again with respect to each individual, in regard to whom the tendency of it is bad upon the whole. Take the balance which if on the side of pleasure, will give the general good tendency of the act, with respect to the total number or community of individuals concerned; if on the side of pain, the general evil tendency, with respect to the same community.

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Onset: How soon will the pleasure occur?

The felicific calculus is a system for calculating the amount of pleasure that a specific action is likely to induce. It was developed by utilitarian philosopher Jeremy Bentham, who believed that the moral rightness or wrongness of an action was determined by the amount of pleasure or pain that it produced.

The 'onset' of pleasure is one of the seven factors that make up the felicific calculus. This factor is also referred to as propinquity or remoteness. It asks the question: how soon will the pleasure occur?

When considering the onset of pleasure, it is important to think about how long it will take for the pleasure to arrive. This is distinct from the 'duration' factor, which considers how long the pleasure will last.

For example, let's say you are considering whether to eat a chocolate bar. The onset of pleasure from this action would be immediate – you would experience the pleasure as soon as you start eating the chocolate bar. On the other hand, if you are considering whether to go for a run, the onset of pleasure might be delayed. You might not experience pleasure until several minutes into the run, once you have found your rhythm and your body has released endorphins.

The onset of pleasure is an important factor to consider when making decisions, as immediate pleasure is often more highly valued than pleasure that is delayed. This is because delayed pleasure is more uncertain – there is a greater chance that something will happen to prevent the pleasure from occurring.

Additionally, the onset of pleasure can be affected by various factors, such as individual differences in physiology and psychology. For example, some people may experience immediate pleasure from listening to classical music, while others may find it boring and only start to enjoy it after learning more about it.

In the context of law-making, considering the onset of pleasure can help legislators understand the potential impact of a law on the well-being of the community. For example, a law that increases funding for mental health services may have a delayed onset of pleasure, as it will take time for the additional funding to translate into improved services and better outcomes for patients. On the other hand, a law that reduces taxes may have an immediate onset of pleasure, as people will see more money in their paychecks right away.

It is important to note that the onset of pleasure is just one factor in the felicific calculus, and it should be considered alongside the other factors to make a well-informed decision or create effective laws.

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Repeatability: How likely is the pleasure to be repeated?

Repeatability is one of the seven factors of Jeremy Bentham's felicific calculus, which is a framework for determining the moral rightness or wrongness of an action. It is also known as the utility calculus, the hedonistic calculus, and the hedonic calculus.

Repeatability asks: What are the chances that these consequences will be repeated over and over again?

In the context of making laws, repeatability could be applied by asking how likely it is that the pleasure or pain caused by a law will be repeated. For example, if a law is passed that increases funding for education, the positive consequences of that law could be expected to repeat as long as the increased funding continues. On the other hand, if a law is passed that restricts certain civil liberties, the negative consequences of that law could also be expected to repeat as long as the restrictions remain in place.

It's important to note that the felicific calculus is a complex framework and that these factors should not be considered in isolation. The overall impact of a law should be assessed by considering all seven factors together. Additionally, the applicability of the felicific calculus to lawmaking is a subject of debate, as critics have argued that happiness is not quantifiable and that the calculus does not take into account the uneven distribution of pleasure and pain among different parties.

Frequently asked questions

The felicific calculus is an algorithm for calculating the degree or amount of pleasure that a specific action is likely to cause. It was formulated by utilitarian philosopher Jeremy Bentham.

The variables of the felicific calculus, or "circumstances" as Bentham called them, are intensity, duration, certainty or uncertainty, propinquity or remoteness, fecundity, purity, and extent.

First, consider a conscious being most immediately affected by an action. Then, rate the following for this being on a scale of 1 to 10: each pleasure that appears to be produced by it in the first instance, each pain that seems to be produced by it in the first instance, each pleasure that appears to be produced after the first, and each pain produced by it after the first. Repeat the process for each conscious being impacted. Finally, sum the posends for everyone and subtract the negends for everyone. The act is a net good for the community if the total exceeds 0, and a net evil if the result is below 0.

The units of measurement used in the felicific calculus are negend (aka dolor) and posend (aka hedon). A negend is a unit of pain, derived from the "negative end result". A posend is a unit of pleasure, derived from the "positive end result".

Jeremy Bentham believed that the felicific calculus could be used for criminal law reform. Given a crime of a certain kind, it would be possible to calculate the minimum penalty necessary for its prevention.

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