Liberal State and Utilitarian Philosophers

Utilitarian intellectuals such as Jeremy Bentham (1748-1832), James Mill (1773-1836) and J.S. Mill (1806-1873) considered a state whose main function would be to defend the democratic rights of the citizens and guarantee, through the adoption of measures, the free functioning of democracy. It is the function of the state to protect the citizens from all sorts of harassment.

From the functions of different states, it is found that the citizens are subject to different forms of coercion, and tyrannical measures and it is the responsibility of the state to provide maximum protection to all of them. David Held in his noted work Models of Democracy has drawn our attention to this aspect of democracy. A liberal state cannot perform all types of functions; its main duty is to protect the democratic rights.

The utilitarian thinkers persuasively debated that the individual is the ultimate determiner of the policy and decisions of the government. This he will do on the basis of utility which he expects to receive from the policy adopted by the state. The utilitarian theorists stated that all types of law or decision must be judged by its capacity to provide satisfaction. That is, to what extent the law is capable of fulfilling the demand of the citizens. The implication is very simple.

The state authority is underprivileged of the power to do anything or implement any policy. The utility is a criterion which imposes restrictions upon the functions of the state. The utilitarian theorists had no faith on social contract, natural rights and natural law. It is because all these do not deal with the utility or necessity of the individuals.

Bentham, James Mill and John Stuart Mill jointly have provided the basis of liberal democratic state which will create amiable atmosphere to implement democratic rights and liberties and the individuals will have abundant scope to follow their own interests effectively. The utilitarian theorists did not anticipate of separation of powers as per Montesquieu (1689-1755) but they felt that concentration of powers under single person or branch is damaging for the realisation of democratic principle.

In order to establish people's right and the expansion of the scope of participation of all of them vehemently advocated for periodic elections, granting liberty to press and other media, importance of public opinion. Not only the rights and interests of the individuals are to be protected but also the interests of the community in general are to be sustained. Both Bentham and J. S. Mill supposed that the representative form of government could be solution to all problems from which democracy/liberal state suffered. It is observed that liberal state was always active in the minds of the utilitarian thinkers.