Abstract
This work tends to examine capital punishment in Jeremy Bentham’s utilitarianism and its application to Nigeria situation. Capital punishment is a controversial issue in many parts of the globe. The high incidence of crime in Nigeria, Africa and other parts of the world calls for a stringent measure to curb this menace in society. The proponents of capital punishment are of the view that capital punishment helps to deter or prevent crimes. But, in what sense can capital punishment serve as an effective deterrent? On the other hand, the opponents of capital punishment conceive that capital punishment promotes the culture of violence in society, which violates human dignity and right to life. This study made use of textual analysis. Data collected from books and journals were analysed using analytical, expository and critical methods. Jeremy Bentham seeks to resolve this dilemma by positing that capital punishment can be justified only if it can contribute to a significant increase in the happiness of others.
Highlights
Social contract is made for the common good of the society
In what sense can capital punishment serve as an effective deterrent? On the other hand, the opponents of capital punishment conceive that capital punishment promotes the culture of violence in society, which violates human dignity and right to life
Jeremy Bentham seeks to resolve this dilemma by positing that capital punishment can be justified only if it can contribute to a significant increase in the happiness of others
Summary
Social contract is made for the common good of the society. Common good is the basis of formation of any civil society. According to Hood (2019), capital punishment is called death penalty It is execution of an offender sentenced to death after conviction by a court of law of a criminal offence. Eboh (1995) conceived that utilitarianism is an ethical principle which holds that the morality of an act consists essentially of its utility as means for attainment of the happiness of man, happiness in most cases being considered temporal. In other words, it conceives utility as the standard of morality. Capital punishment will be conceived in the light of Jeremy Bentham’s utilitarian principle
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