The Inherent Relationship Between Utilitarianism And Analytical Jurisprudence

As a complete theoretical system, modern utilitarianism thinking of the west has had a significant impact on the tradition. We can find it in a series of politic, economic and law changes,. There is no doubt that many of credos Utilitarian have had a great impact on Western theory. As legal positivism be concerned, The impact of utilitarian started from Bentham and Austin, who created the analytical jurisprudence, and ended with the neo-analytical legal theory created by H.L.A. Hart. I intend to sort out the theory of Austin and Hart who on behalf of the analytical jurisprudence to prove that Utilitarian has positive impact to analytical jurisprudence.Four sections are included.The first part mainly describes what Utilitarian is in and its impact. Firstly, the origins of Utilitarianism as the breakthrough point, Bentham's thinking as the cut-off point, to explore Utilitarian thinking the historical background and ideological origins. Secondly, I analysisit and introduce the development of Utilitarian theology mainly, that is, how Utilitarianism theory before Bentham is generated,and what are Bentham's utilitarian's main contents, as well as how it developed after Bentham .Thirdly, on the foundation of what I have described ,I discuss the relations between utilitarian and jurisprudence in order to prove that utilitarian had an active role in the development of analytical jurisprudence.On the second part , that when Austin builded his system,how he fully absorbed utilitarianism representative of Bentham is my emphasis. In a word, in the province of jurisprudence determined, Utilitarianism is the important basis for his theory. Utilitarianism set the tone of Austin's theory, and all the propositions become to be the metaphysics of Austin's theory legislative and Practice of Law .why he absorbs utilitarianism all-around? It is because Austin found that there were nature correspondences between Utilitarianism and analytical jurisprudence: analytical jurisprudence wants to find practical foundation for the law, in the same time Utilitarianism can supply what it needs, so they hit it off right away. Utilitarianism is essential to Austin's theory in building scientific jurisprudence.The third section consists of inheritance and development of Utilitarianism by H.L.A.Hart .According to the development of the idea, Hart's attitude to Utilitarianism altered subtly. Retrospect to Utilitarianism is highly valued by Hart in his early works, but after encountered critical from metaethics he have to turn to Normative Ethics. And makes Hart stand in the standard Utilitarianism. In the modern world, as the highest principle in action Utilitarianism is in question.it seems that the question have destroyed the basic of the theory, particularly the excellent work of Rawls makes more of a benthamites feel overwhelmed. Hart has to face the issue whether persist in this state or change in the his atitud to Utilitarianism. This is also reflected on lately Hart'works. But generally speaking, Hart is still a loyal utilitarian, the utilitarian theory of thinking of its impact is profoundly obvious.The end is conclusion. In a certain sense, neither Utilitarianism nor analytical jurisprudence, as a basic principle of ethic, polity, economy,Utilitarianism has its development. At the same time, research of analytical jurisprudence continues breaking their tradition of innovation. The development of analytical jurisprudence benefit from utilitarianism. Utilitarian provides not only the theoretical basis but also the end-result for analytical jurisprudence...