On The Legislators Of Bentham’s Theory Of Social Reformation

The idea of “individual person” was found led to “the death of God”. Humanmust create a new human-centered human order at the basis of the idea “individualperson”, therefore individual person became the starting point and purpose of the law.This is the road found by the social contract theory, but she did not find the bridge fromthe ideal side to the other side of reality, Bentham must search for a new way leading tothe ideal kingdom at the starting point set up by Hobbes. Accordingly, Bentham’sutilitarian principle is not only a denial of the social contract theory, but also adevelopment of the principle of sovereignty. Bentham want to build a new legal systemwith utilitarian principle as a tool.The state that Bentham want to establish is a law-based political community, andthus its highest authority is exercised by the legislators. Later Bentham divided politicalpower into constitutive power and operative power, so national power was reconstructedagain, society became the ultimate social legislator and the constitutive authority of theCommunity. The national government that originally exercise all the power only has thepower to implement, which had been divided into legislative powers and executivepowers. Supreme legislative power reside in the highest position in the country’spolitical field, the executive power subordinates to the legislative power. Societybecame an important component of power, who holds the key to the country’s highestauthority.Thus, the law was eventually divided into two distinct areas, namely, general lawsof the people and special laws against the rulers (Constitution). These two legal systemshave their own respective lawmakers, legislators of general laws are the ultimatelegislators’ tools for political domination, the former subject to the latter’s authorizationand accept the supervision and control of the latter and follow the principles set by thelatter in the interests of the latter. To this end, Bentham set constitutional, political,social and other means to ensure that legislators do not deviate from the purpose of itsestablishment. The society in Bentham’s theory is a complex organism, ranging fromgovernment regulation to the community, but also social control over Government.Bentham’s reform theory is the philosophy of the ultimate legislators, then natural lawand positive law ultimately become one by legislators’ attachment to the ultimatelegislators and interaction between them.