Question

Who distinguished expository jurisprudence from censorial jurisprudence?

• A. Hans Kelsen
• B. Jeremy Bentham
• C. Lon L. Fuller
• D. Thomas Erskine Holland

Hint:

Bentham's distinction is simple: 'Expository' seeks to 'expose' what the law is. 'Censorial' seeks to 'censor' or critique what the law ought to be.

Answer 1

The Correct Option is B

Jeremy Bentham, the founder of modern utilitarianism and a key figure in the Analytical School, made this important distinction to classify the study of law.

Expository Jurisprudence: This deals with the law as it actually exists, without regard to its morality or fairness.
Its aim is simply to describe and analyze "what the law is.
"
Censorial Jurisprudence: This deals with the law as it ought to be.
It is a critical or evaluative approach, judging the law against an external standard, such as Bentham's own principle of utility, to determine "what the law should be.
"