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Introduction to the Principles of Morals and Legislation" authorship by Jerome Bentham as a contribution to the discussion on the subject of the public interest and the principle of proportionality

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Uchańska J.

Studia Prawnicze

2013

issue 3 (195)

171-190

The paper in-question presents the theme of the modern utilitarianism with the release of J. Bentham, which is a crucial issue to discuss the concept of the public interest and understanding the background of axiological foundations of competition law and patent law. The idea of the eternal "conflict": the private interests versus the public interest, is presented in the literature frequently. J. Bentham in his principal work: "Introduction to the Principles of Morals and Legislation" made remarks on the interests of society. According to Bentham, however, there is no contradiction between the interests of individual and social interests because, as John Stuart Mill claimed later: the mutual kindness permeates society and the condemnation from the environment and gathering of suffering neighbor, cannot anyone give pleasure. The view of these two seem to be correct, especially through the prism of the present legislation and the case-law and their using the principle of proportionality, which is the key to resolving the alleged conflict between aforementioned interests. The rule of proportionality is exposed as a tool of the modern utilitarianism. In the light of primary understanding of competition law and industrial property law above-mentioned issues are presented in this paper.

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1 Studia Prawnicze

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1 Uchańska J.

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Introduction to the Principles of Morals and Legislation" authorship by Jerome Bentham as a contribution to the discussion on the subject of the public interest and the principle of proportionality