According to Bentham "every law may be considered in eight different aspects". Discuss.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
According to Bentham "every law may be considered in eight different aspects". Discuss.
Answer & Explanation:
Bentham identified that every law may be considered in eight different respects. They are: 1. 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 future by subordinate authorities. Sovereign according to Bentham is any person or assemblage of person to who's 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. 2. 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. 3. Objects: The goals of a given law are its objects. 4. Extent: Direct extent means that a law covers a portion of land on which acts have their termination; indirect extent refers to the relation of an actor to a thing. 5. 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. 6. Force: The motivation to obey a law is generated by the force behind the law. 7. 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. 8. 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.
Topics: Jurisprudence
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