217 To 248

UPSA LAW SCHOOL
FIRST SEMESTER, 2023-2024 ACADEMIC YEAR

BLAW 403: JURISPRUDENCE I
READING ASSIGNMENT
READING ASSIGNMENT 1: Read and summarize Freeman MDA 217 -248

START DATE: October 10
END DATE: October 16
FULL NAME: PHILOMENA APPAW

INDEX NO:10282621
CLASS: Evening
TUTORIAL GROUP: Justice Tally Team
LECTURER: Dr. Rowland Atta-Kesson
SUBMISSION DATE: October 16, 2023
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.
SIGN:………………………………………
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.
An Introduction to the Principles of Morals and Legislation

The text asserts that human conduct is guided by two rulers: pain and pleasure. These forces
determine what we should and will do, influencing our actions, words, and thoughts. The principle of
utility serves as the foundation of the text, evaluating actions based on their impact on happiness or
unhappiness. It defines utility as promoting happiness and preventing misery for individuals and
communities. The community's interest is explained as the collective interest of its members. An
action conforms to the principle of utility when it increases community happiness more than it
diminishes it. The text also introduces four sources of pleasure and pain: physical, political, moral,
and religious sanctions. Physical sanctions are related to natural events, political sanctions are
administered by authorities, moral sanctions depend on individual dispositions, and religious
sanctions come from a higher power. These sanctions are categorized based on whether the
expected pleasures and pains occur in the present life or in the future, with the religious sanction
potentially affecting both.
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:
1. Source: It originates from the sovereign.

2. Subjects: It applies to individuals or objects.
3. Objects: It regulates actions in specific circumstances.
4. Extent: Varies in generality.
5. Aspects: Adapts to different situations.
6. Force: Relies on motives and supplementary laws.
7. Expression: Uses specific signs.
8. Remedial Appendages: May be supported by other laws to address issues.
Laws stem from either the sovereign's original creation or the adoption of mandates issued by
others. The extent of adoption affects the law's force. The sovereign's role ranges from mere
allowance to active support through additional laws. There are different aspects of laws and their
effectiveness, particularly regarding the use of rewards and punishments as motives for compliance.
It introduces the idea of subsidiary laws that support the principal law and provides a framework for
understanding how these laws work together. The ultimate goal is to ensure that individuals comply
with the law through a combination of directives and sanctions. The text also acknowledges that
obedience to laws can be influenced by both coercive and alluring motives.
The Idea of Complete Law
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.
J. AUSTIN - The Province of Jurisprudence Determined
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.

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UPSA LAW SCHOOL

FIRST SEMESTER, 2023-2024 ACADEMIC YEAR

READING ASSIGNMENT 1: Read and summarize Freeman MDA 217 -248

FULL NAME: PHILOMENA APPAW

LECTURER: Dr. Rowland Atta-Kesson

SUBMISSION DATE: October 16, 2023

An Introduction to the Principles of Morals and Legislation

1. Source: It originates from the sovereign.

The Idea of Complete Law

J. AUSTIN - The Province of Jurisprudence Determined

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