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• I should emphasise that I am largely neglecting here the long history of this revolt, as well as the different turns it has taken in different lands. Long before Auguste Comte introduced the term 'positivism' for the view that represented a 'demonstrated ethics' (demonstrated by reason, that is) as the only possible alternative to a supernaturally 'revealed ethics' (1854:1, 356), Jeremy Bentham had developed the most consistent foundations of what we now call legal and moral positivism: that is, the constructivistic interpretation of systems of law and morals according to which their validity and meaning are supposed to depend wholly on the will and intention of their designers. Bentham is himself a late figure in this development. This constructivism includes not only the Benthamite tradition, represented and continued by John Stuart Mill and the later English Liberal Party, but also practically all contemporary Americans who call themselves 'liberals' (as opposed to some other very different thinkers, more often found in Europe, who are also called liberals, who are better called `old Whigs', and whose outstanding thinkers were Alexis de Tocqueville and Lord Acton). This constructivist way of thinking becomes virtually inevitable if, as an acute contemporary Swiss analyst suggests, one accepts the prevailing liberal (read 'socialist') philosophy that assumes that man, so far as the distinction between good and bad has any significance for him at all, must, and can, himself deliberately draw the line between them (Kirsch, 1981:17).

  Jeremy Bentham

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