Notwithstanding my great admiration for Mr Bentham, I cannot but think that, instead of blaming judges for having legislated , he should blame them for the timid, narrow and piecemeal manner in which they have legislated. Discuss this view of the significance of revolutions. The pricipal functions of the law as a means of social control are not to be seen in private litigation or prosecutions, which represent vital but ancillary provisions for the failure of the system. Two recent cases on retrospectivity and the common law. No previous claim of this sort had been litigated in the British courts.
Moral values are in issue.
I am, in fact, concerned with none of these matters. Discuss this view of the judicial function in that type of case. Illustrate and discuss. I did not mean, in rejecting the idea that law is a system of rules, to replace that idea with the theory that law is a system of rules and principles. There is no such thing as 'the law' as a collection of discrete propositions, each with its own canonical form.