Jeremy Bentham (1748-1832) is the founder of positivist school. ‘The limits of Jurispru­dence Defined’ is his famous work.

Bentham was an individualist. He was against the concept of natural right; he asserted that rights are always created by the law. The main function of law is to eradicate hurdles on the freedom of human being. He was supporter of individual freedom, according to him after achieving his freedom individual would himself look after his welfare. Thus he seems supporting the concept of “lassiez faire” i.e. let the men free, to which we come across in economics. He was a utilitarian also. According to him the ultimate end of law is ‘the greatest happiness of greatest number.’ He defined utility as, property or tendency of a thing to prevent some evil or procure some good. He attached three condi­tions to his principle of utility:

1. It should be clear and precise

2. There should be single and sufficient amount of motivation.

ADVERTISEMENTS:

3. It should be applicable by means of moral calculus.

Thus, his theory is described as “utilitarian individualism,” the state must nourish not only the individual freedom but also take into consideration the concept of utility, while enacting law. His principles of utility subject everything to two motives. They are

(i) Pleasure

(ii) Pain

ADVERTISEMENTS:

Law should be judged on those two points. The ultimate purpose of the law is to bring pleasure and avoid pain.

In the words of Bentham, “A law may be defined as an assemblage of signs declarative of violation, conceived and adopted by the sovereign in a state concerning the conduct to be observed in a certain case by a certain person or class of person who are subject of his power.”

Bentham pleaded for codification of law. He was not the supporter of the judge made law. He rejected the natural law as well and put more emphasis on human advantages, pleasure and satisfaction.