Utility and Command

Abstract

Bentham located the foundations of his universal jurisprudence in two overlapping traditions. From the Epicurean tradition, he took his motto: “Utility is the mother of justice and equity.” From Hobbes, and the long thetic tradition before him, Bentham took his model: laws “are not Philosophy as is the Common-Law, and other disputable arts, but are Commands or Prohibitions.” These notions influenced thinking about law since classical times and inspired Bentham’s thinking. However, early in his career, Bentham discovered that, for his purposes, the received command model could not capture key features of law. These serious defects called for the model to be refined rather than abandoned; nevertheless, his refinements dramatically transformed the model.