"These two different conceptions of the ‘purpose’ of law show themselves clearly in the history of legal philosophy. From Immanuel Kant’s emphasis on the ‘purposeless’ character of the rules of just conduct, to the Utilitarians from Bentham to Ihering who regard purpose as the central feature of law, the ambiguity of the concept of purpose has been a constant source of confusion. If ‘purpose’ refers to concrete foreseeable results of particular actions, the particularistic utilitarianism of Bentham is certainly wrong. But if we include in ‘purpose’ the aiming at conditions which will assist the formation of an abstract order, the particular contents of which are unpredictable, Kant’s denial of purpose is justified only so far as the application of a rule to a particular instance is concerned, but certainly not for the system of rules as a whole."
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Law, Legislation and Liberty
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