Jeremy Bentham’s Legal Philosophy and Impact on Law
Bentham’s Legal Philosophy
Interpretation of Law
The second challenge involves interpreting rules. Law, a mandate reflecting legislative intent, is interpreted by judges. While judges seem subordinate to the legislature, Bentham’s interpretation suggests they seek the mens legislatori. This adds a positive duty: proposing legislative amendments when laws are inadequate.
Legal Codification for Safety and Equality
Bentham believed law is essential for safety, which secures rights. Codification ensures key legal aspects: publicity and security. It contributes to law’s main goals: safety and equality. Codification is more than a regulatory technique; it’s crucial for ensuring equal access to legal knowledge and application. Bentham’s key elements of codification:
- Systematization of laws
- Publicity of laws through enactment
- Simple legal style for better understanding
Bentham’s Influence on Criminal Law
Bentham’s theory significantly impacted criminal law, penal code, and the theory of punishment and reward. His Panopticon aimed at prison reform, analyzing prisons and proposing reforms based on sensory jurisprudence.
Reforming the Theory of Punishment
Bentham’s theory of punishment humanized criminal law. He argued punishment should fit the crime, using the ‘rule of proportion’ with these characteristics:
- Variability to adapt to specific cases
- Equality regardless of sex, status, or wealth
- Measurability, so offenders understand the consequences
- Similarity to the offense
- Compensatory nature, reducing harm and aiding reform
From a utilitarian perspective, punishment restores security by addressing the public alarm created by offenses.
Bentham’s Procedural Law Contributions
Bentham viewed punishment as a necessary evil. He developed a theory of evidence, a prison reform project, and analyzed penalty characteristics. His work heavily influenced Austin’s development of analytic philosophy.