ABSTRACT
This chapter provides legal science, the relations between law and morality, law, the source of law and the legal system. Kelsen's conception of the legal norm is at the same time similar to and different from Bentham's. Morality, which Bentham calls 'private ethics' or the art of self-government, and legislation share the same end, that is, the happiness of each of the members of any community, the kind of sanction they impose and the acts they are meant to direct are different. It is closer to Bentham's 'expository jurisprudence', understood in its universal perspective. The issue of the individuation of the law is certainly the most important question for Bentham, solving it seems a necessary prerequisite to the lawgiver's work First, the difference between the criminal and the civil branches of the legal system, even though they complement each other, must be respected, that achieved by revealing the true nature and the mutual relationship of these two kinds of laws.
