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Outline the main differences and the essential similarities between Bentham's, Austin's and Kelsen's accounts of law and legal system. What explains the differences in opinion? Is one approach more promising than the other or others?
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Outline the main differences and the essential similarities between Bentham's, Austin's and Kelsen's accounts of law and legal system. What explains the differences in opinion? Is one approach more promising than the other or others? Introduction Jeremy Bentham and John Austin were two of the great Utilitarians, architects of social reform and pre-eminent legal thinkers at the end of the 18th and the beginning of the 19th Centuries. They both saw a need to distinguish between the laws as it is from the law as it ought to be, they condemned the natural-law thinkers precisely because they had blurred this distinction. Their accounts of the law can be classed as 'analytical' as they were primarily concerned with a scientific approach whereby every concept used must have a specific definition and that from each of these concepts a scientific theory of law based on the principal of utility could be formed. By contrast,...
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