The Laws And The Law

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into law, similar to Hobbes. The fact that Bentham thought that a governments law is final does not mean that this ruling entity has absolute power. Bentham felt that the power within the government should be divided and thereby giving no one section too much power, allowing all entities of a sovereign to govern equally. Moreover, these ideas would be backed by sanctions to positively enforce the law allowing people to receive some sort or social reward for following the rules and provide a punishment for those who chose to break them. Thereby encouraging people to follow the law and discouraging unfavorable behavior. With this idea of pleasurable and punishable sanctions, Bentham theorized a Principle of Utility. This principle was based on a persons need for pleasure and avoidance of pain. The Utility Principle was used by Bentham to measure the effect a law has on the people. This tool was used to suggest that all codified law were only worthy of being law were as uncodified or common law, or English law during his time, was not meant to become enacted into law. In opposition to Bentham, a jurist by the name of John Austin theorized a contrasting idea to Bentham’s outlook on governing. Austin’s beliefs of governance was similar to Bentham, but with different conclusions. Austin relied more on morals to create law. These morals he conveyed, derived from scriptural elements. Austin believed that all morals are illustrated through the teachings of a higher power and
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