Working Paper No. 95, Jeremy Bentham and English Common Law

This inquiry seeks to establish that in his book, The Theory of Legislation [1802], author Jeremy Bentham (1748-1832) critiqued English Common Law while also posing solutions and alternatives. The first part of this inquiry considers Bentham’s critique of the degrees of vagueness and confusion that could be associated with what is noted as “Common Law” with its emphasis upon the “principle of expectation.” In addition, this inquiry introduces and considers Bentham’s warnings against uses associated with the English legal system and its emphasis upon the importance of “precedent,” as this emphasis is argued to open risks for abuse by courts and their judges. Finally, this inquiry considers Bentham’s proposed solutions rooted in what he advanced as “utilitarianbased suggestions.” Notably, Bentham purported that all of law should be measured through its alignment what he advanced as his “principle of utility."