19th-Century Legal Theories: Bentham's Utilitarianism and Jurisprudence

Lesson 3: 19th-Century Scientific Paradigm

Analytical Jurisprudence in England

The motion encoder also develops its own characteristics in England, where we speak rather of analytical jurisprudence. We might say that the notion is more properly analytic, beginning in the 19th century, and that is mainly due to Austin. In England, the most complete theory of coding was carried out. Coding, in this case, will not be as in France. England did not establish codes as strict as in France, but Bentham developed the possibility of a codification of general validity.

Bentham's Legal, Political, and Economic Reflections

Bentham reflected on the legal, political, and economic, and to some extent, adopted a perspective that deals with an analytical stance. He criticized the natural law theories and contractarian theory. Also, note that 19th-century England was an industrial country. The revolutionary ideals of the previous stage were being made: the defense of individual rights, the limits of state action, and the separation of powers. This is where liberal thought was developed, and where the main principle of Benthamite utilitarianism will be based on two principles. It is assumed that the modulation of individual auto-preference, and secondly, there is also an ethical choice. It is considered that the preferences of all individuals have or adopt a system of equality.

Bentham believed that we can speak of a natural harmony between the different interests of individuals in society, but we need the right to do so. This harmonization is achieved in the artificial society through political and legislative means. The normative principle of utilitarianism is presented as a general ethical criterion, from which we can derive rules for society.

The main features of Bentham's theory establish a duality between self and duty to be, and this duality will lead to two types of cases:

Jurisprudence

The exhibition deals with the laws that exist specifically to analyze this case law. It does so from two types of exposure. He talks about that can make a historical exhibition that is right, which means to analyze, explain as was the law in the past. Second is through the analysis when the only aim is a simple demonstration is to present, show the law as it is today. This is achieved through 3 methods:

• Systematization
• The narrative
• The conjecture

For him, the most important method is systematization. In that context, the lawyer's task is to systematize because the speaker must especially explain the law, being law, and therefore should focus on what a law is a fact. He speaks to analyze the legal fact, being right is different in different countries. Therefore, usually, the speaker is a citizen of a country that is explaining the law of that country.

Censorial Jurisprudence

For Bentham, the lawyer's most important role is the role of censor, and this activity has to do with the duty is the right and may also be considering the art of legislation. It is critical that capacity he should have the lawyer about the arrangement.

That ought to be is based on the principle of utility policy. The lawyer's position is related to address not aware of the facts if not the reasons, from feelings of pleasure, which produces the objects under consideration.

In Bentham, a censor, there are three notions that joint so we can understand their legal theory:

• Concept of law
• Definition of King
• Role of legislature

Bentham has a clear link between the rule and the notion of mandate. He will rule essentially a mandatory nature, also seen in Hobbes, where the sovereign is the one with the legislature. The law was to direct expression Hobbes their will, so the law was the mandate of the sovereign in power. It goes to the idea of nationalization of law. Bentham found this idea that if there is no sovereign legal and why Hobbes is considered the father of legal positivism, natural law though.

Bentham presents us the power to establish laws belongs exclusively to the sovereign is any legitimate authority is direct or delegated authority of the sovereign and all rights and obligations are created and sustained by the sovereign culminates with this approach the classical formulation of the theory the state as a political form.

For Bentham, thereby legitimizing a government not so much its origin but its effectiveness in the pursuit of greater happiness.