A law the public can find
Can a state fairly punish people under rules they cannot locate or read? Bentham makes publishing the law, together with the reasons behind it, a condition of its authority rather than a courtesy.
Much of England's law went unwritten, scattered through case reports, buried in Latin, knowable only through a paid lawyer. A state that punishes under rules people cannot find, Bentham argues, does not govern them but ambushes them. So the sovereign owes the public the text of every law, arranged so a citizen can locate what applies, taught in schools, and, the part he presses hardest, accompanied by its reasons. A law whose grounds are stated invites obedience by conviction and opens itself to criticism when the grounds are bad; a law that only commands does neither.
- authority
- criminal law
- punishment
- deterrence
- provocation
- criminal responsibility
Enter a dialogue
- Why is a lawmaker who writes his laws and then leaves them to chance like an ostrich leaving its eggs in the sand?
- A stranger arriving at a customs house is asked whether he carries anything against ordinances he has never seen. What fairer demand would you make?
- Francis Bacon, England's Lord Chancellor, refused to attach reasons to laws because they would invite disputes. Why do you think a law with its reasons stands stronger?
- You would have children study their country's laws at school, even turn them into verse. Why would pupils under sixteen know them better than grey-haired lawyers?
- In church, you would have marriage laws read at weddings and laws about parents and children at baptisms. What does a law gain from being heard then?