Jump to ContentJump to Main Navigation
In the Interest of the GovernedA Study in Bentham's Philosophy of Utility and Law$
Users without a subscription are not able to see the full content.

David Lyons

Print publication date: 1991

Print ISBN-13: 9780198239642

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198239642.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 September 2020

Motivation and Control.

Motivation and Control.

(p.125) 7 Motivation and Control.
In the Interest of the Governed

David Lyons

Oxford University Press

This chapter presents a further discussion of Bentham's concept of the law. Permissive laws are necessarily uncoercive and unobligative, for on Bentham's analysis they are purely permissive and not at all restrictive. But even Bentham's restrictive or ‘imperative’ laws are not necessarily coercive or obligative. Bentham was unclear about the relations between sanctions and the restrictions they are supposed to support, but he did indicate that laws used only to lay down guidelines for behaviour can be neither coercive nor obligative. Some laws might rely on extra-legal sanctions entirely, and rewards might be used instead of punishments to motivate behaviour. Bentham allowed these things to be possible, but he maintained that they would not be wise: he thought that rewards and extralegal sanctions were so unreliable that any guidelines worth propounding ought to be supported firmly by legally authorized coercive sanctions.

Keywords:   Bentham, law, force, coercive sanctions, motivation, social control

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .