Early modern
Jeremy Bentham
1748–1832 · England · Philosopher and reformer
1800 BCAD 2000
Life and ideas
Jeremy Bentham was an English philosopher and reformer who trained as a lawyer but never practised, preferring to criticise the law. He proposed that the right test of any law or institution is its utility, its tendency to increase the happiness of the people affected, which he thought could be measured. He mocked the idea of natural rights as 'nonsense on stilts', and insisted on separating what the law is from what it ought to be, which became the heart of legal positivism. He campaigned for codification in plain language, for reform of the courts, prisons (his Panopticon design) and the vote. His preserved body, which he left to be displayed, can still be seen at University College London, founded by his friends and followers. His ideas inspired reform movements across Europe and Latin America.
The big idea
Law should be judged by the principle of utility: the greatest happiness of the greatest number. He separated what the law is from what it ought to be and urged codification and clear language, and he rejected 'natural rights' as nonsense.
Main work
An Introduction to the Principles of Morals and Legislation (1789)
Legacy
The founder of legal positivism and of utilitarian law reform.
The school of thought
- Legal Positivism: Law is what the proper authorities have laid down, whatever its moral merit.
See everyone on the timeline and compare thinkers side by side
Take it further
How legal systems and codes grew.
A whole chapter of black-letter law on one printable page. Free sample.
- Pocket guides $12
Short PDF reference books with closed-book self-checks.
Support this free tool
This guide is free, and it takes a lot of careful work to build and keep up to date. If it helped you, you can leave a small contribution. No account is needed, and nothing is sold to you.
A one-time card payment through Stripe. It is a contribution, not a purchase, and it is not tax-deductible.
TheLawToKnow Tools’s founders of legal thought is an educational overview. It is not legal advice. Report a mistake.

