The legal thought of J. S. Mill

Patrick Riley

pp. 623-637

in: Enrico Pattaro, Damiano Canale, Hasso Hofmann, Patrick Riley (eds), A treatise of legal philosophy and general jurisprudence 9-10, Berlin, Springer, 2009

Abstract

Unlike Jeremy Bentham, J.S. Mill has nothing which could be called a "philosophy of law" or general jurisprudence¹ : Indeed his main political work, Representative Government (Mill 1961b), devotes no more than a few passing phrases to law. Nonetheless Mill has a view of law (if not a complete philosophy), and its central premise is this: That those laws only are justifiable which advance "utility in the largest sense" or "the permanent interest of mankind as a progressive being" (Mill 1989b, 14).

Cited authors

Mill John Stuart

Bentham Jeremy