Benthams Theory Of Law And Public Opinion PDF Download
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Author | : Xiaobo Zhai |
Publisher | : Cambridge University Press |
Total Pages | : 267 |
Release | : 2014-04-21 |
Genre | : Law |
ISBN | : 1139916785 |
Download Bentham's Theory of Law and Public Opinion Book in PDF, ePub and Kindle
This collection represents the latest research from leading scholars whose work has helped to frame our understanding of Bentham since the publication of H. L. A. Hart's Essays on Bentham. The authors explore fundamental areas of Bentham's thought, including the relationship between the rule of law and public opinion; law and popular prejudices or manipulated tastes; Bentham's methodology versus Hart's; sovereignty and codification; and the language of natural rights. Drawing on original manuscripts and volumes in The Collected Works of Jeremy Bentham, the chapters combine philosophical and historical approaches and offer new and more faithful interpretations of Bentham's legal philosophy and its development. As a coherent whole, the book challenges the dominant understandings of Bentham among legal philosophers and rescues him from some famous mischaracterizations.
Author | : Philip Schofield |
Publisher | : Cambridge University Press |
Total Pages | : 401 |
Release | : 2022-09-01 |
Genre | : Law |
ISBN | : 1009033069 |
Download Bentham on Democracy, Courts, and Codification Book in PDF, ePub and Kindle
Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy.
Author | : Xiaobo Zhai |
Publisher | : Cambridge University Press |
Total Pages | : 267 |
Release | : 2014-04-21 |
Genre | : Law |
ISBN | : 1107042259 |
Download Bentham's Theory of Law and Public Opinion Book in PDF, ePub and Kindle
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.
Author | : Philip Schofield |
Publisher | : OUP Oxford |
Total Pages | : 383 |
Release | : 2006-06-29 |
Genre | : History |
ISBN | : 0191518778 |
Download Utility and Democracy Book in PDF, ePub and Kindle
Utility and Democracy is the first comprehensive historical account of the political thought of Jeremy Bentham (1748-1832), the philosopher and reformer. Philip Schofield draws on his extensive knowledge of Bentham's unpublished manuscripts and original printed texts, and on the new, authoritative edition of The Collected Works of Jeremy Bentham . A compelling narrative charts the way in which Bentham applied his utilitarian philosophy to the rapidly changing circumstances of his age. Schofield begins with a lucid account of Bentham's insights in the fields of logic and language, and in particular his theory of real and fictitious entities, which lie at the foundation of his thought. He proceeds to show how these insights brought Bentham to the principle of utility, which led him in turn to produce the first systematic defence of democracy from a utilitarian perspective. In contrast to previous scholarship, which claims that Bentham's 'conversion' or 'transition' to political radicalism took place either at the time of the French Revolution or following his meeting with James Mill in 1808 or 1809, Professor Schofield shows that the process began in or around 1804 when the notion of sinister interest emerged in Bentham's thought. Bentham appreciated that rulers, rather than being motivated by a desire to promote the greatest happiness of those subject to them, aimed to promote their own happiness, whatever the overall cost to the community. In his constitutional writings of the 1820s, which he addressed to 'all nations professing liberal opinions', Bentham argued that the proper end of constitutional design was to maximize official aptitude and minimize government expense, and that the publicity of official actions, within the context of a republican system of government where sovereignty lay in the people, was the means to achieve it. Bentham's commitment to radical reform led him to advocate the abolition of the British monarchy and House of Lords, the replacement of the Common Law with a codified system of law, and the 'euthanasia' of the Anglican Church.
Author | : Nancy Lipton Rosenblum |
Publisher | : |
Total Pages | : 200 |
Release | : 1978 |
Genre | : Philosophy |
ISBN | : |
Download Bentham's Theory of the Modern State Book in PDF, ePub and Kindle
Author | : Jeremy Bentham |
Publisher | : |
Total Pages | : 376 |
Release | : 1914 |
Genre | : Civil law |
ISBN | : |
Download Bentham's Theory of Legislation Book in PDF, ePub and Kindle
Author | : Albert Venn Dicey |
Publisher | : |
Total Pages | : 536 |
Release | : 1905 |
Genre | : Great Britain |
ISBN | : |
Download Lectures on the Relation Between Law & Public Opinion in England During the Nineteenth Century Book in PDF, ePub and Kindle
Author | : Gerald J. Postema |
Publisher | : Oxford University Press |
Total Pages | : 577 |
Release | : 2019-12-19 |
Genre | : Law |
ISBN | : 0192511521 |
Download Bentham and the Common Law Tradition Book in PDF, ePub and Kindle
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.
Author | : Jeremy Bentham |
Publisher | : |
Total Pages | : 326 |
Release | : 1823 |
Genre | : Crime |
ISBN | : |
Download An Introduction to the Principles of Morals and Legislation Book in PDF, ePub and Kindle
Bentham's treatise on the foundations of law and government.
Author | : Jeremy Bentham |
Publisher | : Palala Press |
Total Pages | : 336 |
Release | : 2015-09-09 |
Genre | : |
ISBN | : 9781342057594 |
Download Bentham's Theory of Legislation Book in PDF, ePub and Kindle
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