Abstract

The legal essays by Michael Bayles in this collection display his commitment to utilitarianism both as a moral theory and an analytical device. A utilitarian must choose between the best of all possible alternatives and so must lay out the alternatives and thus their consequences carefully and completely. As it happens, there is no better way of understanding why something is as it is in the law, and no better way to lay the foundations for criticism and improvement, than to lay out what the alternatives are, carefully distinguishing them, their justifications, and their implications for changing other areas of the law and for changing our relation to the law. Bayles was a master at such work, and each essay thus repays careful study for anyone concerned about the law. The essays cover a wide variety of topics, from contract law to the criminal law, from torts to theory, and form a natural set. Laying out the alternatives in one area makes it much clearer how and why alternatives in other areas are acceptable or required. Interconnections within the legal system as a whole not readily visible when studying one area of the law become obvious when several are laid out side-by-side using the analytical skill required by a good utilitarian.