ABSTRACT

Most of us inhabit a positivist world. More particularly, we are likely to make use of a legal positivist worldview in the spirit of the great utilitarians Jeremy Bentham, James Mill, and John Austin. The utilitarian tradition takes positive law to have a consistent and immediately identifiable linguistic form, that of a command or imperative statement.1 For utilitarian positivism, rules

always say what they do: they require behavior indicated in the content of an imperative statement. Such rules transparently convey the wishes of those who issue them.