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
John Austin (legal philosopher) legal concepts in strictly empirical terms. Law, according to Austin, is a social fact and reflects relations of power and obedience. This twofold view, that (1) law and morality are separate and (2) that all human-made ("positive") laws can be traced back to human lawmakers, is known as legal positivism. Drawing heavily on the thought of Jeremy Bentham, Austin was the first legal thinker to work out a fully developed positivistic theory of law. Austin argues that laws are rules, which he defines as a type of command. More precisely, laws are general commands issued by a sovereign to members