Abstract: Bentham's the Rationale of Punishment constructs the foundational framework of penal theory based on utilitarianism, outlining the objectives and functions of punishment, sentencing guidelines, and factors to consider when selecting penalties. Within this framework, Bentham conducts a comprehensive review of specific penal systems, including excruciation, restrictive punishments, active or laborious punishments, capital punishment, pecuniary forfeitures, and misplaced punishments. Besides, to address the shortcomings in the administration of imprisonment and enhance humane prison management, Bentham proposed the renowned concept of the Panopticon, which profoundly influenced subsequent prison reforms and even the philosophy of power. By remarkably integrating the “fly-like eye that scrutinizes the minutiae” with the "eagle-like eye that grasps the overall picture”, Bentham relies on logic and rationality to devise a code of conduct grounded in utilitarian principles within criminal law, supported by a series of sanctions regulated by the same principles. His ideas played a crucial role in promoting the mitigation and humanization of punishment, and advancing the codification of criminal law on a global scale. Even today, Bentham's work offers profound insights for rethinking research methodologies in criminal law and exploring pathways to achieving criminal justice.

Key Words: utilitarianism; criminal law reform; the Rationale of Punishment; Panopticon; contemporary implications

Author: LIU Renwen, a Great Wall scholar of CASS and a grade-II research fellow at CASS Institute of Law;

Source: 3 (2025) Journal of Social Science of Hunan Normal University.