A Research On Bentham's Legal Thought

Dedicated to the research of Betham's conception of law that is law is the command of a sovereingty, this thesis presents a whole picture of the creation of the conception that is including logical induction and value pursuit: in philosophy , Bentham accepted Hume's theory of the separation of fact and norm, and creatively went on to combine Fact and Norm into one entity that is the monistic positive "factual norm"; in ethics, taking individualiam and liberalism as the fundamental position, Betham hold a value system of innate sequence that is Happiness→Security(liberty, equal opportunity)→Subsistence→Abundence→Equal result. And from these philosophical foundations , Betham constucted his utilitarian thought system out of his utilitarian accounting system and value system , and at last his monistic utilitarian thought system contributed to his construction of the separation of sensorial jurisprudence and expository jurisprudence in jurisprudence and to the construction of the dualistic institutions of legislation and judiciary. And as a result , Betham overcome the negativity of natural law theory and go to the positivitity of the command of democratic sovereign. Therefore, with that, Betham founded jurisprudence of analytical positivism.And to be further explained , Betham's jurisprudence of analytical positivism was not a simple negation of the dualism of natural law and human law of natural law theory, but from the same fundamental position of the realzation of liberty and human rights as the natrualist, Bentham abandoned the natrualist negativity and pursued the positivity of liberty and human rights by means of enacted law; and in jurisprudence , enacted law , and the construction of legal institutions , Bentham did not abandon morality , but he put moral consideration into legislation , and as a result, Bentham constructed the positive operatable institutions that could be used to transfer the moral norm into fact. This thesis shows , from then on, jurisprudence won her independence and autonomy and became as neck to neck with natrualist theory . Bentham has realized his ambition to become Newton in legialation , and in jurisprudnce, he should be regarded as the greatest jurist of the world ever in history.