One standard, many circumstances
Can a code written for one country be shipped whole to another? Bentham holds that the principles of good law reach everywhere, while their application must bend to local climate, religion and manners.
Facing English law carried to Bengal, Bentham refuses both easy answers. He will not grant that each nation needs its own morality, nor that a single code fits all. Human nature is everywhere the same, so the deep principles by which good law is made do not change at a border; only their application does. A legislator who ignores local circumstance does real harm, yet the standard those circumstances are measured against stays fixed, and that standard is utility. His method fits a rational code to a place without surrendering the test that judges every place alike.
- utility
- time
- legal transplantation
- comparative law
- legal reform
- legal adaptation
- punishment
Enter a dialogue
- Pain is much the same everywhere, yet stripping a man naked could kill in Siberia and be play in the East Indies. What follows for making laws?
- If good law rests on a human nature that never varies, isn't your talk of local circumstance just a way to excuse bad law abroad?
- Someone moves to a country whose customs clash with the laws they were raised under. How should they judge which ought to give way?
- Transplant any nation's laws into a foreign land, you say, and their faults show at once. Why does moving a law expose what habit hides at home?
- It is said a rude age needed rude laws. You deny it. Why would the best laws of today have suited an ignorant age better than its own?