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What did Jeremy Bentham mean by calling common law “dog law”?

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The Greek philosopher Plato — Philosophy of law Plato, marble portrait bust copied from an original of the 4th century bce; in the Capitoline Museums, Rome.

Jeremy Bentham used the term “dog law” to criticize the common law system, arguing that it failed to provide citizens with clear, accessible guidance for their behavior.

Bentham drew an analogy between the way a person might treat a dog and the way judges operate within a common-law framework. Just as a person might punish a dog ex post facto for breaking a rule the animal could not have known in advance, common-law judges impose liability on litigants based on principles developed on a case-by-case basis. Because these principles are not clearly declared beforehand, individuals are given no rational way to avoid punishment or legal consequences in the future.

By labeling it “dog law,” Bentham highlighted his belief that such a system is inherently retrospective and incapable of functioning as a reliable guide for conduct. He argued that for law to be effective, it must be accessible and clearly articulated by a sovereign, rather than shrouded in the technical, obscure language of a professional elite.1