Bentham, educated in law, advocated utilitarian principles for the purpose of legislative reform. For him, utilitarianism offered a practical and appropriate basis for law reform within the British legal system. Attempts were made to revise criminal penalties, which he believed were somewhat unjust, and in need of reform. Bentham suggested that the consequences of a crime be the primary factor in determining the penalty to be opposed on the offender. .
Although Bentham is recognised as one of the earliest writers associated with utilitarianism, the work of John Stuart Mill is generally regarded with greater significance. Mill was considered to have followed the early views expressed by Bentham, writing Utilitarianism and On Liberty, which he believed 'corrected' flaws in Bentham's moral philosophy (Beauchamp, 2001). Bevir (2002:222) offers his account of Mill, asserting:.
"Mill remained committed to the broad thrust of utilitarianism and classical liberalism. As he saw it, although he altered the tone and feeling of his predecessors, his reflections ultimately "only laid the foundation of these [his early opinions] more deeply and strongly"".
Within his work, Mill maintains that the concept of utility, or the 'greatest happiness' principle, is the fundamental basis of morality, asserting 'Actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness, i.e., pleasure or absence of pain' (Beauchamp, 2001:105).
Within utilitarianist ethical theory, a prominent debate is apparent in relation to the way the principles of utility should be applied. The main issue for contention relates to whether utilitarian principles should be applied to actions, or to rules of conduct that decide if particular actions are right or wrong. Beauchamp (2001:117) clarifies the critical issue of this debate, explaining 'the act utilitarian asks only, "What good and evil consequences will result directly from this action in this circumstance?", and not, "What good and evil consequences will result generally from this sort of action?"'.