Question:

Which of the following is/are associated with Bentham? A. Positivism, B. Living Law, C. Legal realism, D. Utilitarianism, E. Rule of recognition. Choose the correct answer from the options given below:

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Bentham is remembered for utilitarianism and legal positivism. Rule of recognition belongs to H.L.A. Hart.
Updated On: May 22, 2026
  • A, B, C and D only
  • A and D only
  • D and E only
  • D only
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The Correct Option is B

Solution and Explanation

Concept: Jeremy Bentham was an important jurist associated with legal positivism and utilitarianism.

Step 1:
Check Positivism.
Bentham is associated with analytical positivism because he separated law as it is from law as it ought to be. \[ A = \text{Associated with Bentham} \]

Step 2:
Check Utilitarianism.
Bentham is strongly associated with utilitarianism, especially the principle of greatest happiness of the greatest number. \[ D = \text{Associated with Bentham} \]

Step 3:
Reject Living Law.
Living Law is associated with Eugen Ehrlich, not Bentham. \[ B = \text{Not associated} \]

Step 4:
Reject Legal Realism and Rule of Recognition.
Legal realism is associated with realist jurists, and rule of recognition is associated with H.L.A. Hart. \[ C,\ E = \text{Not associated with Bentham} \] Therefore, the correct answer is: \[ A \text{ and } D \text{ only} \]
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