Bentham And Legal Theory
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Bentham And Legal Theory
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Author : M. H. James
language : en
Publisher:
Release Date : 1973
Bentham And Legal Theory written by M. H. James and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Bentham, Jeremy, 1748-1832 categories.
The Legal Philosophy And Influence Of Jeremy Bentham
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Author : Guillaume Tusseau
language : en
Publisher: Routledge
Release Date : 2014-06-20
The Legal Philosophy And Influence Of Jeremy Bentham written by Guillaume Tusseau and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-20 with Business & Economics categories.
Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.
Bentham S Theory Of Law And Public Opinion
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Author : Xiaobo Zhai
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21
Bentham S Theory Of Law And Public Opinion written by Xiaobo Zhai and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-21 with Law categories.
Intended for academics and students who are interested in legal and political philosophy and in intellectual and legal history, this volume brings together the latest research from leading Bentham scholars and challenges the dominant understandings of Bentham among legal and political philosophers.
Bentham And Legal Theory
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Author : M. H. James
language : en
Publisher:
Release Date : 1973
Bentham And Legal Theory written by M. H. James and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with categories.
Theory Of Legislation
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Author : Jeremy Bentham
language : en
Publisher:
Release Date : 1864
Theory Of Legislation written by Jeremy Bentham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1864 with Civil law categories.
Bentham And The Common Law Tradition
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Author : Gerald J. Postema
language : en
Publisher: Oxford University Press
Release Date : 2019-12-19
Bentham And The Common Law Tradition written by Gerald J. Postema and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-19 with Law categories.
This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded to judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.
Utilitarianism And Distributive Justice
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Author : Paul Joseph Kelly
language : en
Publisher:
Release Date : 1990
Utilitarianism And Distributive Justice written by Paul Joseph Kelly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Drawing extensively on Bentham's unpublished civil and distributive law writings, classical and recent Bentham scholarship, and contemporary work in moral and political philosophy, Kelly here presents the first full-length exposition and sympathetic defense of Bentham's unique utilitarian theory of justice. Kelly shows how Bentham developed a moderate welfare-state liberal theory of justice with egalitarian leanings, the aim of which was to secure the material and political conditions of each citizen's pursuit of the good life in cooperation with each other. A striking and original addition to the growing literature on Bentham's legal and political thought, this incisive study also makes a valuable contribution to contemporary political philosophy.
An Introduction To The Principles Of Morals And Legislation
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Author : Jeremy Bentham
language : en
Publisher: Free Press
Release Date : 1948
An Introduction To The Principles Of Morals And Legislation written by Jeremy Bentham and has been published by Free Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1948 with Law categories.
An Introduction to the Principles of Morals and Legislations, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crimeand punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. A new introduction by the leading Bentham scholar F. Rosen, specially written for this edition, provides students with a helpful survey of Bentham's main ideasand an extensive bibliographical study of recent critical work on Bentham.
Utility Publicity And Law
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Author : Gerald J. Postema
language : en
Publisher: Oxford University Press
Release Date : 2019-07-29
Utility Publicity And Law written by Gerald J. Postema and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-29 with Law categories.
The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. Part I explores the philosophical foundations of his public philosophy: his theory of meaning and framework for analysis and definition of key concepts, his theory of human affections and motivations, and his utilitarian theory of value. It is argued that, while concepts of pleasure and happiness play nominal roles in his theory of value, concepts of publicity, equality, and interests emerge as the dominant concepts of his public philosophy. Part II explores several dimensions of Bentham's jurisprudence, including his radically revised command model of law, his early reflections on justice and law in adjudication, his theories of judicial evidence, constitutional rights, the rule of law, and international law. The concluding essay demonstrates the centrality of the notion of publicity in his moral, legal and political thought. Emerging from this study is a positivist legal theory and a utilitarian moral-political philosophy that challenge in fundamental ways contemporary understandings of those doctrines.
Essays On Bentham
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Author : Herbert Lionel Adolphus Hart
language : en
Publisher:
Release Date : 1982
Essays On Bentham written by Herbert Lionel Adolphus Hart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with History categories.
In his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Essay themes include Bentham's identification of the forms of mistification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism.