Jeremy Bentham is born in london in 1780 A.D. He was an English jurist, Social Reformer, legal scholar, and founder of Utilitarianism.
He divided Jurisprudence into two types:
- Expositorial Jurisprudence: It is Concurred with law as it is (What the law is )
- Censorial Jurisprudence: It is concurred with law as what the law ought to be (Science+Legis)
As per Bentham ” Law is the will of sovereign that regulates the conduct of the people to which it applies”.
According to Bentham law could be upheld which promotes 4 goals:
i) Subsistence
ii) Abundance
iii) To favor Equality
iv) Security
Bentham developed theory of law based on the principle of utility.
Bentham’s Utilitarianism
It is a moral theory thats talks about what is right and what is wrong and based on this how people and institutions should behave and make decisions.
It is a philosophy that aims for the betterment of society as a whole. The entire concept of this utilitarianism is based on greatest happiness of the the greatest number of people.
According to Bentham, The purpose of law is also to promote greatest happiness of the greatest number of people.
Principle of Utility Theory
Bentham state that any person is governed by two masters, That is pain and pleasure. Every man wants to increase the pleasure and diminish the pain. Happiness is the main motive of every individual.
So, According to utility theory ” Every action is right which maximizes the happiness and every action is wrong which minimizes the happiness.”
The right thing to do is whatever will maximize utility. (happiness, pleasure)
Therefore, any law should be made by keeping in mind this theory of utility. Every law should be promulgated by the sovereign in a such way that it diminishes the pain and maximises the pleasures of the people who wanted be governed by that particular law.
He even proposed a “Hedonic Calculus” to measure the utility (pleasure/pain) of actions, considering factors like intensity, duration, certainty, and extent.
Along with the Principle of Utility, Jeremy Bentham proposed the codification of all the laws and stated that the uncodified body of rules that was part of the English law was not worthy of being called as law. Therefore, Jeremy Bentham also played a crucial role in the development of the theory of legal positivism.
Elements of law
Jeremy Bentham identified several key elements that form the structure of law. These elements help explain how law operates in society from the perspective of a sovereign-led legal system.
1. Source
→ The origin of law lies in the will of the sovereign.
Law is considered a command issued by a sovereign authority and backed by sanctions.
2. Subject
→ The person(s) or things to whom the law is applied.
This includes individuals, groups, or even property that fall within the jurisdiction of the law.
3. Object
→ The acts, conduct, or circumstances to which the law relates.
These are the behaviors or situations that the law seeks to regulate or control.
4. Extent
→ This refers to the scope or limitation of the law’s application. Bentham classified this into two parts:
- (i) Direct Extent: Territorial limitations of law (i.e., where the law is applicable).
- (ii) Indirect Extent: Limitations concerning the actors or objects to which the law applies.
5. Aspect
→ The various ways or modes in which the will of the sovereign is applied to the object of the law.
For example, the law may command, permit, or prohibit certain actions.
6. Force
→ The sanctions or punishments that ensure compliance with the law.
The law relies on coercive force to ensure obedience and deter violations.
7. Remedial Appendages
→ These are the institutional mechanisms or procedures that ensure the enforcement of law and delivery of justice.
They include courts, tribunals, and other enforcement agencies that provide remedies for violations.
8. Expression
→ The manner in which the sovereign’s will is communicated to the public.
This includes statutes, codes, or formal declarations that make the law known and understandable.
Conclusion
Jeremy Bentham’s theory of law presents a transformative vision rooted in utilitarian philosophy, where the primary purpose of law is to ensure the greatest happiness of the greatest number. He viewed law not as a reflection of morality or custom but as the rational command of a sovereign, backed by sanctions and directed toward the well-being of society. His emphasis on codification, clarity, and utility laid the foundation for modern legal positivism.
In line with this vision, Bentham proposed a detailed analytical framework through his Elements of Law, identifying key components such as source, subject, object, extent, aspect, force, remedial mechanisms, and expression. These elements together reflect not only how law operates but also how it ought to be crafted—systematic, sovereign-led, clear in scope, rational in enforcement, and effective in delivering justice.
Thus, Bentham’s contribution to jurisprudence is twofold: he gave us a moral standard (utility) to assess laws and a structural blueprint (elements) to guide their creation—both aimed at building a legal system that is just, practical, and socially beneficial.
