Abstract

MARTINEZ RODRIGUEZ, Rusbel. Benthamism and anti-benthamism: continuity and change in Colombian legal studies in the Colony to the Republic transition. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2014, vol.44, n.120, pp.271-310. ISSN 0120-3886.

For more than 60 years the usefulness principle of Jeremiah Bentham was subject of controversy in Colombian political, educational and philosophical context of the 19th century. In this article it is examined, from a descriptive methodological approach, to what extent the argumentation of anti-benthamists who took part in the controversy between 1825 and 1836, expresses the continuity of the uisnaturalist foundation model debate of the predominant law in the colony and how this model remains in the republican university from the persistence of certain authors and thought tendencies. It controverts the idea that the debate between benthamists and anti-benthamists should be interpreted as a religious conflict, or that the educational reforms of Francisco de Paula Santander sought to only update the content and methods of law teaching.

Keywords : Benthamism; anti-benthamism; Jeremy Bentham; natural law; principle of utility.

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