ABSTRACT

This chapter seeks to participate in the broader objective of celebrating the publication of a new edition of Bentham's key jurisprudential work by considering a number of general issues arising from The Limits. It undertakes some preliminary work on establishing the relationship between the projects of Bentham and Hohfeld. The variety of topics and depth of discussion displayed in the contributions to the present volume leave no doubt about the continuing significance of Bentham's ideas. This is pursued with a degree of technical sophistication but becomes unnecessarily convoluted, through a failure to respect elementary features of Hohfeldian analysis combined with an awkward stipulation that artificially restricts the capacity of Bentham's scheme. Hohfeld's device is the imaginary shrimp salad eating competition. This is prevented by Bentham's presumption of universal liberty as the backdrop, so that all sovereign interventions appear as well mapped islands in a clear blue sea.