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17 mar 2015 · Jeremy Bentham, jurist and political reformer, is the philosopher whose name is most closely associated with the foundational era of the modern utilitarian tradition.
- Utilitarianism
The conviction that, for example, some laws are bad resulted...
- Mill, James
But Bentham and Mill became increasingly estranged. Bentham...
- Punishment, Legal
On a simple positivist view of law, crimes are kinds of...
- Author and Citation Info
Chętnie wyświetlilibyśmy opis, ale witryna, którą oglądasz,...
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- Utilitarianism
Jeremy Bentham. There are two major themes in Bentham’s thought that extend over most of his published and unpublished writings on the nature of law. The first, and earliest, theme was a relentless and comprehensive critique of common-law theory and, indeed, an attack on the very idea of the common law itself.
Summary. Schofield explains that Bentham made a fundamental distinction between expository jurisprudence, which concerns the law as it is, and censorial jurisprudence, which concerns the law as it ought to be, and between local and universal expository jurisprudence, and that he took the subject matter of universal expository jurisprudence to ...
Drawing on original manuscripts and vol-umes in The Collected Works of Jeremy Bentham, the chapters combine philosophical and historical approaches and offer new and more faith-ful interpretations of Bentham’s legal philosophy and its development.
Bentham disagreed with Blackstone's defence of judge-made law, his defence of legal fictions, his theological formulation of the doctrine of mixed government, his appeal to a social contract and his use of the vocabulary of natural law. Bentham's "Fragment" was only a small part of a Commentary on the Commentaries, which remained unpublished ...
A leading theorist in Anglo-American philosophy of law and one of the founders of utilitarianism, Jeremy Bentham was born in Houndsditch, London on February 15, 1748. He was the son and grandson of attorneys, and his early family life was colored by a mix of pious superstition (on his mother’s side) and Enlightenment rationalism (from his ...
3 sty 2003 · Legal positivism has a long history and a broad influence. It has antecedents in ancient political philosophy and is discussed, and the term itself introduced, in mediaeval legal and political thought (see Finnis 1996). The modern doctrine, however, owes little to these forbears.
