Volume : VIII, Issue : II, February - 2019

THE UTILITARIAN THEORY OF DEMOCRACY: BASE AND IMPLICATION

Prof. Dr. A. K. Pandey, Dr. Km. Arti

Abstract :

The word Democracy is denotes limited government which is depends upon Rule of Law and Constitution. It is not new concept which is found thought of Aristotle, Karl Marks and Maciyawali etc. but they were only described in the form of mass government. In 19th century, when arisen utilitarian theory which talk about very important concept ‘law ought to be’ and checked of ‘law as it is’ which means positive law must be judged on principle of utility. Utilitarian theory is demand of smart society; there all member of community can achieved greater happiness and less unhappiness. Jeremy Bentham and John Stuart Mill both have believed democracy is excellent and best form of government, which has been considered and acceptable in present legal system. The Utilitarian has propounded different types of government known as democracy which is concern to security, liability, equality, happiness and avoid to pain. The spirit of Constitutional scheme has also incorporated security, equality and happiness or protection of all interest of individuals; we can say weapons of good governance. Without these weapons cannot imagination ideal legal system. Democracy is symbol of protection of human rights, equal protection, protective discrimination, social security and social justice, etc. Utilitarian has promoted all aspect of good governance which is base of ideal democracy.

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Article: Download PDF    DOI : https://www.doi.org/10.36106/gjra  

Cite This Article:

THE UTILITARIAN THEORY OF DEMOCRACY: BASE AND IMPLICATION, Prof. (Dr.) A.K. Pandey, Dr. (km.) Arti GLOBAL JOURNAL FOR RESEARCH ANALYSIS : Volume-8 | Issue-2 | February-2019

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