Essays on Bentham

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

Bentham s Theory of Law and Public Opinion

Author: Xiaobo Zhai
Publisher: Cambridge University Press
ISBN: 1107042259
Format: PDF, ePub, Docs
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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.

The Routledge Companion to Social and Political Philosophy

Author: Gerald F. Gaus
Publisher: Routledge
ISBN: 1136202064
Format: PDF, ePub
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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.

Oxford essays in jurisprudence second series

Author: Alfred William Brian Simpson
Publisher: Oxford University Press, USA
ISBN:
Format: PDF, ePub, Mobi
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These essays deal with central and controversial issues in jurisprudence. This volume emphasizes legal theory, and the collection will be of interest to students of and others involved with political philosophy as well as law students and philosophers.

Law and Disagreement

Author: Jeremy Waldron
Publisher: OUP Oxford
ISBN: 0191024473
Format: PDF, Kindle
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When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding ' providing that the majority decision does not violate individual rights.' In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal - although initially attractive - seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens. This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defences of the 'democratic' character of judicial review. And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect for ordinary right-holders, he argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin. But the book is not only about judicial review. The first tranche of essays is devoted to a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. Although legislation is often denigrated as a source of law, Waldron seeks to restore its tattered dignity. He deprecates the tendency to disparage legislatures and argues that such disparagement is often a way of bolstering the legitimacy of the courts, as if we had to transform our parliaments into something like the American Congress to justify importing American-style judicial reviews. Law and Disagreement redresses the balances in modern jurisprudence. It presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making that does not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements. This timely rights-based defence of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout the world.