A Fragment on Government

A Fragment on Government (1776) was Jeremy Bentham's first major work, critiquing Sir William Blackstone's Commentaries on the Laws of England. Bentham argued that Blackstone conflated what the law is with what it ought to be, hindering necessary legal reforms. He also criticized the common law for being obscure and inaccessible to ordinary citizens, likening its retrospective application to "dog law" because it provided no clear guidance for future conduct.1

Bentham's work is considered a foundational text for philosophical radicalism and an early essay on sovereignty. He defined law as a command from a sovereign, explaining legal validity through the sovereign's power and the public's habit of obedience. This work laid the groundwork for his later development of utilitarianism, advocating for laws that promote the "greatest happiness of the greatest number".123