H. L. A. Hart
- Published in print:
- 1982
- Published Online:
- March 2012
- ISBN:
- 9780198254683
- eISBN:
- 9780191681509
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198254683.003.0002
- Subject:
- Law, Philosophy of Law
This chapter focuses on Bentham's general theory of law. Bentham contemplated and elaborately documented the abuses of the English law of his day, the fantastic prolixity and obscurity of its ...
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This chapter focuses on Bentham's general theory of law. Bentham contemplated and elaborately documented the abuses of the English law of his day, the fantastic prolixity and obscurity of its statutes, the complexity and expense of its court procedure, the artificiality and irrationality of its modes of proof. Bentham was, of course, constantly preoccupied with the abuse of language to cloud the issues in controversy, especially political controversy. But the point which he made about the mystifying force of imposter terms such as ‘the maintenance of order’ is really part of something much wider. For it is just a particular manifestation of a very fundamental and original feature in Bentham's whole austere approach to the philosophy of law and politics.Less
This chapter focuses on Bentham's general theory of law. Bentham contemplated and elaborately documented the abuses of the English law of his day, the fantastic prolixity and obscurity of its statutes, the complexity and expense of its court procedure, the artificiality and irrationality of its modes of proof. Bentham was, of course, constantly preoccupied with the abuse of language to cloud the issues in controversy, especially political controversy. But the point which he made about the mystifying force of imposter terms such as ‘the maintenance of order’ is really part of something much wider. For it is just a particular manifestation of a very fundamental and original feature in Bentham's whole austere approach to the philosophy of law and politics.
