Download or read book Bentham s Theory of Law and Public Opinion written by Xiaobo Zhai and published by Cambridge University Press. This book was released on 2014-04-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Bentham on Democracy Courts and Codification written by Philip Schofield and published by Cambridge University Press. This book was released on 2022-09-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Utility and Democracy written by Philip Schofield and published by OUP Oxford. This book was released on 2006-06-29 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Lectures on the Relation Between Law Public Opinion in England During the Nineteenth Century written by Albert Venn Dicey and published by . This book was released on 1905 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bentham s Theory of Legislation written by Jeremy Bentham and published by . This book was released on 1914 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bentham A Fragment on Government written by Jeremy Bentham and published by Cambridge University Press. This book was released on 1988-10-28 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes available to a student readership one of the central texts in the utilitarian tradition, in the authoritative 1977 edition prepared by Professors Burns and Hart as part of Bentham's Collected works. A Fragment on Government is, as Ross Harrison observes in his introduction, a young man's work, and Bentham's exuberant prose reflects his own confidence that the Fragment 'was the first publication by which men at large were invited to break loose from the trammels of authority and ancestor-wisdom on the field of law'. Certain that history was on his side, Bentham sought to rid the world of the hideous mess wrought by legal obfuscation and confusion, and to transform politics into a rational scientific activity, premised on the hideous politics into a rational scientific activity, premised on the fundamental axiom that 'it is the greatest happiness of the greatest number that is the measure of right and wrong'. In the context of a European social and political order still based upon privilege and hereditary right, this was a profoundly subversive sentiment. This edition of the Fragment on Government contains several important students aids, including a guide to further reading and a chronology of the principal events in Bentham's life.
Download or read book Bentham and the Common Law Tradition written by Gerald J. Postema and published by Oxford University Press. This book was released on 2019-12-19 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Bentham s Theory of Law and Public Opinion written by Xiaobo Zhai and published by Cambridge University Press. This book was released on 2014-04-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Lectures on the Relation Between Law and Public Opinion in England During the Nineteenth Century written by Albert Venn Dicey and published by Routledge. This book was released on 2017-07-12 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The famed 1914 edition of this classic is one of the small handful of works that deserve to be read by Americans to understand the 1980s. Indeed, the final three chapters, describing the decline of will and consensus in late Victorian England, stand as a stark, unmistakable reminder that such national decline can happen again. Dicey was the most influential constitutional authority in late Victorian and Edwardian Britain. Modern politicians have often invoked the phrase "rule of law." So commonplace has it become that few recognize its source in the work of Dicey. Law and Public Opinion in England is written with simplicity, wit and a sense of purpose that marks it as a book apart. It did much more than fortell the decline of empire, it developed the forms in which such decline comes about. In many ways this book represents a pioneering statement on the libertarian tradition as a consequence of rather than rebellion against the legal norms of an advanced civilization. This is a central book for students of society and politics alike.
Download or read book Bentham s Theory of the Modern State written by Nancy Lipton Rosenblum and published by . This book was released on 1978 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bentham s Theory of Legislation written by Jeremy Bentham and published by . This book was released on 1914 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bentham s Theory of Legislation written by Jeremy Bentham and published by Palala Press. This book was released on 2015-09-09 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Utility Publicity and Law written by Gerald J. Postema and published by Oxford University Press. This book was released on 2019-07-29 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
Download or read book Bentham s Theory of Legislation written by Jeremy Bentham and published by Palala Press. This book was released on 2018-02-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Utility Publicity and Law written by Gerald J. Postema and published by . This book was released on 2019 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 0Part 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.
Download or read book An Introduction to the Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:
