Utility, Publicity, and Law

In Utility, Publicity, and Law, a series of essays reexamine Jeremy Bentham's influential legal philosophy, exploring his ideas on legislation, jurisprudence, and public philosophy.

This collection of essays provides a comprehensive reassessment of Jeremy Bentham's innovative legal philosophy, as presented in Utility, Publicity, and Law. The contributors delve into Bentham's early recognition of his 'genius for legislation', which encompassed not only the creation of laws but also the development of political and social institutions, as well as the design of public spaces to effectively manage political power. Bentham's overarching aim was to establish a public philosophy that would inform and direct all his legislative endeavors.

Part I of the book focuses on the philosophical underpinnings of Bentham's public philosophy, examining his theories of meaning, human affections, and motivations, alongside his utilitarian theory of value. The essays argue that while pleasure and happiness are nominally important in his value theory, it is the concepts of publicity, equality, and interests that take precedence in shaping his public philosophy. This exploration reveals the complexity and depth of Bentham's thought, illustrating how these concepts interconnect and influence his legislative approach.

Part II shifts attention to Bentham's jurisprudence, investigating his redefined command model of law, his insights on justice and adjudication, and his theories on judicial evidence, constitutional rights, and international law. The concluding essay emphasizes the significance of publicity within Bentham's moral, legal, and political frameworks. The insights gathered throughout Utility, Publicity, and Law present a positivist legal theory and a utilitarian moral-political philosophy that fundamentally challenge contemporary interpretations of these doctrines.