“UTILITARISMO E TEORIA DA JUSTIÇA

OS ARGUMENTOS DE J. BENTHAM CONTRA WILLIAM BLACKSTONE"

Abstract

In this text the author tries to retake Bentham’s argument against William Blackstone, mainly in the way they are presented in
Bentham’s “Fragment on Government” and "Comment on the Commentaries”. In general, the Classic Utilitarians are charged
with the allegation that they agree to the Positivist thesis that law and justice are the same, in such way that there is no other
categories of just beyond the law' it is argued that the analysis of Bentham’s ideas concernig the critic of law makes room for
the position that there is a way of doing this that does involves a theory of justice. It is the theory of justice as the theory of the
desired results of human action.