This paper discusses an important dimension of legal positivism that is usually ignored by people: utilitarian view of freedom. Bentham, Austin, Hart and other empirical jurists all hold the liberal position of utilitarianism, which constitutes the basic concern of their theories. On the basis of analyzing the basic concept of utilitarianism, this paper discusses Bentham's opposition to the concept of natural rights by using the principle of utilitarianism, and discusses Hart's defense of utilitarianism in the new era and his thought of combining utilitarianism with rights. Finally, the author puts forward some views on why utilitarianism is intrinsically related to legal positivism, thus expounding the basic ideas of empirical law again.

You can refer to the following information

[1] See H.L.A. Hart, Essays of Bentham: A Study of Jurisprudence and Political Theory, Oxford: clarendon Press 1982, p. 1-7.

[2] For a summary of the main reasons for Hart's infatuation with Bentham, see Nicholas Lacey's Life of H.L.A Hart: Nightmares and Aristocratic Dreams, Oxford University Press, 2004, pp. 297-299.

[3] The above summary is based on my reading of relevant documents, mainly including: montague: An Introduction to the Editor, published in On Government Movies, translated by Shen Shuping, Commercial Press, 1995 edition; Wayne? Ma Lixun: "Smith, Bentham and Mill: Early Development of Utilitarianism Legal Basis", in Jurisprudence: From Ancient Greece to Postmodernism, translated by Li, Hou Jian and Zheng, Wuhan University Press, Chapter 8, 2003; The life of Nicholas Lacey and H.L.A. Hart.

[4] montague: "An Introduction to Editors", in "On Government Films", p. 58.

[5] See my book: From Commanding Theory to Rule Theory: A Case between Hart and Austin (unpublished draft).

[6] For example, doing good deeds (agatho-poieutic), managing public property (demosio-tamiectic), encouraging people's wisdom (epistemo-threptic) and so on. See Introduction to Principles of Morality and Legislation, pp. 327-328.

[7] See "On Government Movies", p. 229 and my article: "Wandering between confusion and sobriety: Bentham's legal language view and his pursuit of scientific legislation", in Ge's editor: "Legal methods and legal thinking" (second series), China University of Political Science and Law Press, 2003.

[8] Hart: "The Separation of Positivism from Law and Morality", in "Essays on Jurisprudence and Philosophy", translated by Zhi Zhenfeng, Law Press, 2005, p. 56.

[9] The English original is Punishment and Responsibility (Oxford: clarendon Press 1968), and the Chinese translation is Punishment and Responsibility, which was translated by Wang Yong, Zhang Zhiming and Lei Fang and published by Huaxia Press 1989.

Jeffrey Scarey: Utilitarianism, Lu Trecci Publishing House, 1996, p. 4.

[1 1] See Editor's Introduction, Government Film Theory, p. 29.

[12] See "Editor's Introduction", on government films, pp. 35-36.

[13] Hart: Introduction, Introduction to Morality and Legislative Principles, p. 12.

[14] A story highlights the characteristics of Bentham. Before he died, he said to a friend who was waiting for him, "I feel like I'm dying." What we should pay attention to is that we must minimize the pain. " Don't let any servants in, let all the young people go away. They are very uncomfortable to see this scene; They are of no help here. Of course I can't stay here alone. You must stay and look at me as long as you look at me alone. This will minimize our pain. "See" Editor's Introduction ",on government films, p. 1 16.

[15] See Jeffrey Scarey: Utilitarianism, Routledge, 1996. Page 4-26 for the above summary.

[16] Bentham: Introduction to Moral and Legislative Principles, p. 58.

[17] Bentham: On government films, p. 92.

[18] Bentham: Introduction to Moral and Legislative Principles, p. 59.

[19] same as above.

[20] See "Editor's Introduction", "On Government Films", p. 37-38.

[2 1] Introduction by Hart, Introduction to Moral and Legislative Principles, p. 24.

[22] For a detailed and complicated analysis, please refer to the third, fourth, fifth and sixth parts of Introduction to Moral and Legislative Principles. ..