Paper Title
Theory of Bentham: Utilitarian principle
Article Identifiers
Authors
ADITYA NEGI
Keywords
Positivism, Analytical Positivism, Jurisprudence, Knowledge of Law, Jeremy Bentham, John Austin
Abstract
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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"Theory of Bentham: Utilitarian principle", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.8, Issue 5, page no.g257-g267, May-2023, Available :https://ijnrd.org/papers/IJNRD2305631.pdf
Issue
Volume 8 Issue 5, May-2023
Pages : g257-g267
Other Publication Details
Paper Reg. ID: IJNRD_196290
Published Paper Id: IJNRD2305631
Downloads: 000121318
Research Area: Other
Country: GHAZIABAD, Uttar Pradesh, India
Published Paper PDF: https://ijnrd.org/papers/IJNRD2305631.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2305631
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