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Why did Jeremy Bentham call Sir William Blackstone an enemy of reform?
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Sir William Blackstone
William Blackstone, oil painting attributed to Sir Joshua Reynolds; in the National Portrait Gallery, London.
Jeremy Bentham labeled Sir William Blackstone an "enemy of reformation" primarily because of their fundamentally different approaches to the law. While Bentham was a radical reformer, he viewed Blackstoneās Commentaries on the Laws of England as a work that stifled necessary legal progress.12
Benthamās critique centered on several key points:
- Conflation of Law and Morality: Bentham argued that Blackstone confused the question of what the law is with what it ought to be. By presenting the existing common law as a system defined by "wisdom" and long-standing acceptance, Blackstone effectively discouraged critical evaluation and reform.1
- Defense of the Status Quo: Bentham perceived Blackstone as a defender of the existing social and political order. By attempting to find historical and rational justifications for characteristic English institutions, Blackstoneās work served to legitimize the status quo rather than challenge its flaws.2
- Common Law Theory: Bentham attacked the very idea of common law, which Blackstone sought to systematize. Bentham believed this system was dangerous, confused, and inaccessible to ordinary citizens, serving only to maintain the power of a professional elite.1