Jeremy Bentham claimed that nature has placed the man under the command of two sovereigns. He also stated that every law may be considered in eight different respects. Elucidate the statements.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
Jeremy Bentham claimed that nature has placed the man under the command of two sovereigns. He also stated that every law may be considered in eight different respects. Elucidate the statements.

Answer & Explanation:

Jeremy Bentham was of the initial contributors on the function that laws should perform in a society. He claimed that nature has placed man under the command of two sovereigns- pain and pleasure. 'Pleasure' in Bentham's theory has a somewhat large signification, including altruistic and obligatory conduct, the 'principle of benevolence'; while his idea of 'interest' was anything promoting pleasure. The function of laws should be to bring about the maximum happiness of each individual for the happiness of each will result in the happiness of all. The justification for having laws is that they are an important means of ensuring happiness of the members of community generally. Hence, the sovereign power of making laws should be wielded, not to guarantee the selfish desires of individuals, but consciously to secure the common good. Bentham said that every law may be considered in eight different respects. These are as under: Source: The source of a law is the will of the sovereign, who may conceive laws which he personally issues, or adopt laws previously issued by sovereigns or subordinate authorities, or he may adopt laws to be issued in the future by subordinate authorities. Sovereign according to Bentham is any person or assemblage of person to whose will a whole political community is supposed to be in a disposition to pay obedience, and then in preference to the will of any other person. Subjects: These may be persons or things. Each of these may be active or passive subjects, i.e., the agent with which an act commences or terminates. Objects: The goals of a given law are its objects. Extent: Direct extent means that law covers a portion of land on which acts have their termination; indirect extent refers to the relation of an actor to a thing. Aspects: Every law has 'directive' and a 'sanctional' part. The former concerns the aspects of the sovereign will towards an act-situation and the latter concerns the force of a law. The four aspects of the sovereign will are command, prohibition, non-prohibition and non-command and the whole range of laws are covered under it. These four aspects are related to each other by opposition and concomitancy. Force: The motivation to obey a law is generated by the force behind the law. Remedial appendage: These are a set of subsidiary laws addressed to the judges through which the judges cure the evil (compensation), stop the evil, or prevent future evil. Expression: A law, in the ultimate, is an expression of a sovereign's will. The connection with will raises the problem of discovering the will from the expression. Having listed the eight different respects through which a law can be considered, Bentham went on to analyse the 'completeness' of law in jurisprudential sense. He said that a complete law would have the features of integrality as well as unity. Integrality means that a law should be complete in expression, connection and design. A law is complete in expression when the actual will of the legislation has been completely expressed. A law is complete when various parts of it dealing with various aspects are well co-ordinated. If a law does not cover a specific situation that it might have wanted to cover while being enacted, it is incomplete in design. According to Bentham the unity of a law would depend upon the unity of the species of the act which is the object of the law.

Topics: Jurisprudence

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic