217 To 248
217 To 248
CLASS: Evening
TUTORIAL GROUP: Justice Tally Team
HONOR STATEMENT:
By signing below, I confirm that I have personally read and summarized this reading in not more than
3 pages as instructed, and that I did not use any artificial intelligence software.
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J. Bentham - A Fragment on Government
The text discusses the concept of political society, where people (subjects) habitually obey a
designated authority (governors). The existence and applicability of the "Law of Nature" are
questioned, and it is argued that disapproval alone is an insufficient basis for deeming a law contrary
to it. The author introduces the principle of utility as a clear and consistently applied guideline to
address these issues. This principle is suggested as the only reliable criterion for making decisions
that both parties would theoretically accept, aiming to reconcile people in theory and practice.
Of Laws in General
A law is an expression of the sovereign's will, specifying behavior for individuals under their
authority. This definition involves eight aspects:
The text discusses the nature of laws related to property and how they can be understood. It begins
by considering various aspects of property laws, emphasizing the central offense of "wrongful
occupation of property." The text explains that this primary offense corresponds to the law that
establishes the most basic form of proprietary rights. The text also explores how laws related to
property can vary based on different circumstances, including the specific proprietary subject,
changes in ownership, and other factors. It discusses how laws related to property can be expressed
in different forms, including imperative commands, and how these forms can be converted into each
other. It mentions that private conveyances, when legally adopted, are considered a part of the legal
system and must be included in a complete body of laws. The text emphasizes the importance of
having a clear and concise code of laws that can be easily understood by citizens, judges, and
legislators. Overall, the text delves into the complexity of property laws, the need for various forms
of expressions, and the challenge of creating a comprehensive code of laws. It emphasizes the
importance of clarity and completeness in legal codes but concludes by stating that no complete
specimen of such a law can be found.
In this text, the author discusses the nature and classification of laws, specifically focusing on what
they term "positive law" and "positive morality." They emphasize that positive law consists of laws
set by political superiors, such as governments or sovereigns, and is enforced by legal sanctions. In
contrast, positive morality includes rules imposed by general opinion or sentiment rather than
sovereign authority and is not backed by legal sanctions. The author also highlights the confusion
that can arise when positive law is mistaken for moral or divine law. They argue that the existence of
a law is distinct from its moral merit or conformity to a standard, and this distinction is often
overlooked.
Sovereignty
This text discusses the concept of sovereignty and independent political societies. It defines
sovereignty as a superior authority within a society, where the majority of the society habitually
obeys a specific common superior, while that superior does not habitually obey another human
superior. This distinction creates a relationship of sovereignty and subjection between the superior
and the society. The passage also touches upon the idea that international law, which governs
relationships between independent political societies, is not a positive law but is based on general
opinion and moral sanctions. Finally, it emphasizes that the power of a monarch or sovereign
authority cannot be legally limited, and any attempt to limit such power would create contradictions
in terms. The term "unconstitutional" is explored in the context of conflicting with constitutional law,
which determines the structure and character of the sovereign government.