Theory of Bentham: Utilitarian principle

Registration ID: IJNRD_196290

Published ID: IJNRD2305631

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ADITYA NEGI

Positivism, Analytical Positivism, Jurisprudence, Knowledge of Law, Jeremy Bentham, John Austin

Abstract: The word "jurisprudence” is derived from a Latin word “Jurisiprudentia” which in its wide a sense means “knowledge of law” or skill in law. The Latin word “juris” means law and “prudentia” mean skills or knowledge. Thus jurisprudence signifies knowledge of law and its application. In this sense it covers the whole body of legal principles in the world. There are three primary divisions of jurisprudence in the technical sense. This divide is founded on a set of presumptions about "law" that distinguishes each school's jurists from those of other schools. Due to the perceived needs of the period, the scope of jurisprudence significantly expanded during the 19th century. In the current understanding of the word, positivism is thought to have been founded by Jeremy Bentham. It has been argued, quite properly, that Austin owes a lot to Bentham and that many of his claims are simply "paraphrases of Bentham's theory." The classic works of Bentham show that, contrary to popular belief, he, not John Austin, should be regarded as the founder of analytical positivism.

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ADITYA NEGI (May-2023). Theory of Bentham: Utilitarian principle. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(5), g257-g267. https://ijnrd.org/papers/IJNRD2305631.pdf

Volume 8 Issue 5, May-2023

Pages : g257-g267

Paper Reg. ID: IJNRD_196290

Published Paper Id: IJNRD2305631

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Research Area: Other

Country: GHAZIABAD, Uttar Pradesh, India

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