JEREMY BENTHAM, PROCEDIMIENTO JURÍDICO Y UTILIDAD

Abstract

This paper provides an overview of the themes presented in Bentham's work Scotch Reform -a new work being prepared for publication from Bentham's manuscripts by Oxford University Press as part of the Collected Works of Jeremy Bentham. Attention is focused on the relationship between the system of legal procedure proposed and the underlying principle of utility. Two issues are highlighted, the nature of Bentham's anti-nomian thesis for civil courts and the paradox of requiring restraint on the judicial control of civil procedure, whilst simultaneously removing all rules of action and allowing increased judicial discretion.