Jeremy Bentham person if this would produce an amount of happiness in other people outweighing the unhappiness of the tortured individual. However, as P. J. Kelly argued in "Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law", Bentham had a theory of justice that prevented such consequences. According to Kelly, for Bentham the law "provides the basic framework of social interaction by delimiting spheres of personal inviolability within which individuals can form and pursue their own conceptions of well-being". It provides security, a precondition for the formation of expectations. As the hedonic calculus shows "expectation utilities" to be much higher than
Legal positivism it attempts to interpret the nature of reality beyond the physical and experiential. Thomas Hobbes and "Leviathan" Thomas Hobbes, in his seminal work "Leviathan", postulated the first clear notion of law based on the notion of sovereign power. As Hampton writes, "law is understood [by Hobbes] to depend on the sovereign's will. No matter what a law's content, no matter how unjust it seems, if it has been commanded by the sovereign, then and only then is it law.' There is, however, debate surrounding Hobbes's status as a legal positivist. Jeremy Bentham The English jurist and philosopher, Jeremy Bentham, is