Bentham’s law reform association and the continuity of enlightenment in the nineteenth century

Abstract

ABSTRACT The Law Reform Association came in the wake of the Catholic Relief Act of April 1829, a period of mounting opinions for further constitutional change. Through the Law Reform Association, Bentham wanted to mobilise people to support the application of his philosophy in Britain and beyond. He argued that the English legal profession had a sinister interest in manipulating other members of society, and that only codification based on utilitarianism would rectify the defects of the common law. By August 1830, 41 people had been contacted, and their attitude towards the prospect of Bentham’s Law Reform Association and his philosophy reflects the extent to which Bentham kept the hopes of the Enlightenment – for a rational basis for social organisation – alive. Although most law reformers maintained certain reservations towards Bentham’s criticism of the common law, many accepted his analytical empiricism and viewed him as an important cultural icon of the Enlightenment. They also used him to support their own versions of law reform schemes, especially in the case of Henry Brougham’s Law Amendment Society from 1844.