Elektronik/Digital

Jeremy Bentham and the Codification of Law (Cornell Law Review, Volume 55, Issue 1, November 1969)

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This article examines the legal thought of Jeremy Bentham, a leading figure in the modern legal reform movement, particularly regarding legal codification. It outlines Benthams critique of the 18th century English legal system, which he considered inefficient, unsystematic, and riddled with uncertainty due to the dominance of common law and judicial practice. Bentham proposed legal codification as a solution to create a legal system that was rational, clear, and accessible to the wider public. His thinking was based on the principle of utilitarianism, namely the greatest happiness of the greatest number, which emphasizes that laws should be designed to maximize the happiness of society. He rejected the concept of natural rights and emphasized that laws should be scientifically created by legislators, rather than developing haphazardly through judicial decisions. This article also outlines Benthams key principles of law, such as security, equality, abundance, and subsistence, with a primary emphasis on security as the goal of law. Furthermore, it discusses Benthams ideas on the importance of simple, systematic, and easily understood legal language in a codification.

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