Bentham’s Theory of Legal Transplants and His Influence in Japan

doi:10.1017/9781108605991.004

3 - Bentham’s Theory of Legal Transplants and His Influence in Japan

from Part I

Published online by Cambridge University Press: 18 June 2019

Michihiro Kaino

Edited by

Vito Breda

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Vito Breda: Affiliation:
University of Southern Queensland

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Summary

Jeremy Bentham (1748–1832) is known as a pioneer of utilitarianism and legal positivism. It is less well known, however, that he aspired to be ‘the legislator of the world’. He sought to invent complete codes of laws, known as ‘Pannomion’, which mainly comprised the Constitutional Code, the Civil Code the Criminal Code and the Procedure Codes based on the principle of utility. Bentham also argued that, as human beings are sufficiently similar, his Pannomion, based on the ‘abstract utility’ induced by empirical generalizations about human psychology, could be introduced universally. He proposed that the United States, Russia, Spain, Portugal, Greece, and the countries in Latin America should adopt his Pannomion.

Bentham developed a theory of legal transplants in his article ‘Place and Time’ (written around 1780). Bentham was well aware that the natives would refuse his Pannomion due to their prejudicial biases or sensibilities.

Type: Chapter
Information: Legal Transplants in East Asia and Oceania , pp. 63 - 83

DOI: https://doi.org/10.1017/9781108605991.004 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2019

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References

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