The Codification Crusade: Analyzing Jeremy Bentham's Blueprint for Legal Reform

The codification of law has undergone significant evolution, beginning with the early examples of the Bavarian Civil Code in 1756 and the Napoleonic Code in 1804. This dissertation explores the historical context of law codification, focusing on Jeremy Bentham's pioneering contributions. Bentham's efforts to consolidate and organize laws into coherent systems were revolutionary, aiming to replace the fragmented common law with clear, comprehensive codes. His ideas have deeply influenced modern legal systems and practices. The study delves into early forms of codification, highlighting notable instances such as the Justinian Code, the Ottoman kanuns, and the Chinese Tang Code. These early efforts were crucial in establishing consistent legal frameworks and served as tools for governance and social control. The dissertation examines the significant shift in the eighteenth and nineteenth centuries towards more systematic codification, influenced by Enlightenment ideals of rationality, equality, and individual rights. Jeremy Bentham's philosophy, particularly his concepts of utilitarianism and legal positivism, is examined in detail. His critique of common law and his principles of codification are analyzed, along with his specific codification projects, including the Draft Civil and Penal Codes. The study assesses Bentham's influence on international legal reforms and the adoption of his ideas in various jurisdictions. The dissertation also addresses the critiques and controversies surrounding Bentham's codification theory, including the debate between codification and judicial discretion. Finally, it considers the contemporary relevance of Bentham's ideas, exploring the role of technology in modern legal codification and comparing Bentham's principles with current practices in the 21st century.