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
- Someone is punished under a rule they had no way of reading beforehand; on your account, what has the state actually done to them?
- Requiring every law to carry its reasons sounds noble, but wouldn't it just hand clever men more to argue over and slow all government down?
- What separates truly promulgating a law from simply having it written down somewhere a determined person could dig it out?
- If a sovereign must publish the reasons for each law, what protection does it surrender by exposing its bad reasons to view?
- A citizen wants to obey but cannot afford the lawyer who alone knows the rule; what does your principle owe them?