it explain about Jeremy Bentham of analytical school of l

1. By Parista Desar
Class :11[Kathmandu model secondary
school {KMSS}or Kathmandu model college
{KMC}]

2.  The word ‘positivism 'derives from positum,
the part participle of ponere, which means to
‘to put’.
 It means that which is formally laid down or
affirmed by man.
 It contrasts with natural law whose existence
derives from metaphysical or transcendental
roots.
 It considered to have been emerged to have
been emerged by giving the slogan of political
supremacy in England.

3. 1. Law are command (Bentham and Austin)
2. The analysis of legal concept is (a) worth
pursing, (b)distinct from sociological and
historical inquiries (c)distinct from critical
evaluation.
3. Decision can be deduced logically from
predetermined rule without recourse to
social aims, policy or morality.
4. Moral judgments can’t be established or
defend by rational argument, evidence of
proof
5. The law as it is actually laid down
‘positum’ has to keep separate from the
law that ought to be.

4.  Positive School because it focused on
“positum which mean” as it is.
 English school because this school was
dominant in England.
 Austinian School because it was founded by
John Austin

5.  Jeremy Bentham (1742-1832)
 John Austin (1790-1859)
 Sir William Markby (1829-1914)
 Sheldon Amos(1835-1886)
 Thomas Erskine Holland(1835-1926)
 John Salmond(1862-1924)
 Herbert Lionel Adolphus Hart (1907-1992)
 Horace Gray (1828-1902)

6.  Jeremy Bentham, British gentleman, political
activist, legal scholar, “social philosopher",
linguist, best known as the founder of British
“utilitarian ”or “philosophical Radicals”.
 The English Utilitarian and leader of the
Philosophical Radicals, the philosopher and jurist
Jeremy Bentham(1748-1832)was born in
Spitalifields, London, on 15 February 1748 and
died June 6,1832, London.
 He was also known as English philosopher,
economist, and theoretical jurist, the earliest
and chief expounder of utilitarianism.

7.  He was a leading theorist in Anglo-American
philosophy of law and a political radical
whose ideas influenced the development of
welfarism.
 He advocated individual and economic
freedom, the separation of church and state,
freedom of expression, equal right for
women, the right to divorce, and the
decriminalizing of homosexual acts

8.  According to him, nature has placed mankind
under the governance of two sovereign masters,
pain and pleasure.
 It is for them alone to point out what we ought
to do, as well as to determine what we shall do.
 On the one hand the standard of right and
wrong, on the other the chain of cases and
effects, are fastened to their throne.
 They govern us in all we do, in all we say, in all
we think: every we can make to throw off our
subjection, will serve but to demonstrate and
confirm it.

9.  A law may defined as an assemblage of sign
declarative of a volition conceived or
adopted by the sovereign in a state,
concerning the conduct to be observed in a
case in question are or are supposed to be
subject to his power.
 Law should work with human nature in order
to maximize human happiness.

10.  An assemblage of signs;
 Declaratory of volitions;
 Conceived or adopted by the sovereign;
 Concerning conduct to be observed persons
subject to his power;
 Such volition reaping on certain events
which it is intended such declaration should
be a means of causing;
 The prospect of which it is intended should
act as a motive upon those whose conduct is
in question ;