David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Jurisprudence 1 (2):147-167 (2011)
Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach to the analysis of language, Hart was wrong to assume that Bentham's jurisprudential project was a precursor to his own attempt to provide a morally neutral description of a legal system. It was this assumption that led to mistakes in Hart's editing of Of Laws in General. Bentham's utilitarian theory of law should be recognised as a distinct alternative to Common Law and Natural Law theories
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Charles Silver (1984). Book Review:An Introduction to the Principles of Morals and Legislation. Jeremy Bentham, J. H. Burns, H. L. A. Hart; Essays on Bentham: Jurisprudence and Political Theory. H. L. A. Hart. [REVIEW] Ethics 94 (2):355-.
Jeremy Bentham (1996). The Collected Works of Jeremy Bentham: An Introduction to the Principles of Morals and Legislation. Clarendon Press.
Jeremy Bentham (1891/2001). A Fragment on Government. Lawbook Exchange.
Jeremy Bentham (1780/2007). An Introduction to the Principles of Morals and Legislation. Dover Publications.
Lars Lindahl (1977). Position and Change: A Study in Law and Logic. D. Reidel Pub. Co..
Leslie Green (2008). Positivism And The Inseparability Of Law And Morals. New York University Law Review 83:1035--1058.
P. J. Kelly (1990). Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law. Oxford University Press.
David Lyons (1991). In the Interest of the Governed: A Study in Bentham's Philosophy of Utility and Law. Oxford University Press.
Joseph Raz (1980). The Concept of a Legal System: An Introduction to the Theory of Legal System. Oxford University Press.
Philip Schofield (2009). Utility and Democracy: The Political Thought of Jeremy Bentham. OUP Oxford.
John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.
Added to index2010-11-29
Total downloads66 ( #22,754 of 1,102,931 )
Recent downloads (6 months)9 ( #24,648 of 1,102,931 )
How can I increase my downloads?