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Early modern

Jeremy Bentham

1748–1832 · England · Philosopher and reformer

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Jeremy Bentham was an English philosopher and reformer who trained as a lawyer but never practised, preferring to criticise the law. He proposed that the right test of any law or institution is its utility, its tendency to increase the happiness of the people affected, which he thought could be measured. He mocked the idea of natural rights as 'nonsense on stilts', and insisted on separating what the law is from what it ought to be, which became the heart of legal positivism. He campaigned for codification in plain language, for reform of the courts, prisons (his Panopticon design) and the vote. His preserved body, which he left to be displayed, can still be seen at University College London, founded by his friends and followers. His ideas inspired reform movements across Europe and Latin America.

The big idea

Law should be judged by the principle of utility: the greatest happiness of the greatest number. He separated what the law is from what it ought to be and urged codification and clear language, and he rejected 'natural rights' as nonsense.

Main work

An Introduction to the Principles of Morals and Legislation (1789)

Legacy

The founder of legal positivism and of utilitarian law reform.

The school of thought

  • Legal Positivism: Law is what the proper authorities have laid down, whatever its moral merit.
← Earlier: Cesare BeccariaLater: Friedrich Carl von Savigny →

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