Essays on Bentham

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018716
Format: PDF, Mobi
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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.

Essays in Jurisprudence and Philosophy

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Format: PDF, ePub
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This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Bentham Moral and political philosophy

Author: Gerald J. Postema
Publisher:
ISBN: 9781840140385
Format: PDF, ePub, Docs
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Jeremy Bentham (1748-1832) was the modern father of utilitarian moral and political philosophy and positivism jurisprudence. Over an extraordinarily productive sixty-year career, he pursued his principle of utility into every corner of social life and outlined a utilitarian creed of remarkable scope and influence. In recent years, the philosophical foundations of his thought have been subjected to increasingly rich scholarly reassessment. These two volumes gather the most influential contributions to this reassessment including both classic articulations of orthodox interpretations and radical challenges to this orthodoxy. The first volume surveys investigations of Bentham's psychology, his theory of social welfare and the place of equality, justice and rights in it and his theories of liberty and democracy. The second volume explores Bentham's unique version of legal positivism, especially his critique of common law, his deontic logic and theory of evidence, his analysis of rights, duties and sovereignty and his utilitarian theories of punishment, codification and adjudication.

The Legal Philosophy and Influence of Jeremy Bentham

Author: Guillaume Tusseau
Publisher: Routledge
ISBN: 1317664752
Format: PDF, ePub
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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.

The Routledge Companion to Social and Political Philosophy

Author: Gerald F. Gaus
Publisher: Routledge
ISBN: 1136202064
Format: PDF, Mobi
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The Routledge Companion to Social and Political Philosophy is a comprehensive, definitive reference work, providing an up-to-date survey of the field, charting its history and key figures and movements, and addressing enduring questions as well as contemporary research. Features unique to the Companion are: an extensive coverage of the history of social and political thought, including separate chapters on the development of political thought in the Islamic world, India, and China as well in modern Germany, France, and Britain a focus on the core concepts and the normative foundations of social and political theory a seven-chapter section devoted exclusively to distributive justice, the central issue of political philosophy since Rawls' Theory of Justice extensive coverage of global justice and international issues, which recently have emerged as vital topics an eight-chapter section on issues in social and political philosophy. The Companion is divided into eight thematic sections: The History of Social and Political Theory; Political Theories and Ideologies; Normative Foundations; The National State and Beyond; Distributive Justice; Political Concepts; Concepts and Methods in Social Philosophy; Issues in Social and Political Philosophy. Comprised of sixty-nine newly commissioned essays by leading scholars from throughout the world, The Routledge Companion to Social and Political Philosophy is the most comprehensive and authoritative resource in social and political philosophy for students and scholars.

Legality

Author: Scott J. Shapiro
Publisher: Harvard University Press
ISBN: 0674058917
Format: PDF
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Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. In the twentieth century, there have been two major approaches to the nature of law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to be. The second are theories that view law as embedded in a moral framework. Scott Shapiro is a positivist, but one who tries to bridge the differences between the two approaches. In Legality, he shows how law can be thought of as a set of plans to achieve complex human goals. His new “planning” theory of law is a way to solve the “possibility problem”, which is the problem of how law can be authoritative without referring to higher laws.