Essays On Bentham

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018716
Size: 10.55 MB
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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 On Bentham

Author: Herbert Lionel Adolphus Hart
Publisher: Oxford University Press, USA
ISBN:
Size: 28.10 MB
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Essays In Jurisprudence And Philosophy

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Size: 59.68 MB
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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
Size: 24.75 MB
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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
Size: 23.64 MB
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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.

Oxford Essays In Jurisprudence Second Series

Author: Alfred William Brian Simpson
Publisher: Oxford University Press, USA
ISBN:
Size: 31.41 MB
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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.

The Routledge Companion To Social And Political Philosophy

Author: Gerald F. Gaus
Publisher: Routledge
ISBN: 1136202064
Size: 37.26 MB
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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.

Educating Oneself In Public

Author: Michael S. Moore
Publisher: Oxford University Press on Demand
ISBN: 9780198268796
Size: 64.44 MB
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The eleven essays in Educating Oneself in Public: Critical Essays in Jurisprudence constitute an education in the Anglo-American jurisprudence of the second half of the twentieth century. The book examines both the thought of major figures such as H. L. A. Hart, Joseph Raz, Ronald Dworkin, Lon Fuller, and Richard Rorty, and the general themes of major movements such as legal realism, post-modernism, and pragmatism. Despite this focus on the thoughts of others the book is not a survey butis a critical probing of particular ideas often attributed to such figures. Detailed depth of understanding is sought about: Hart's conception of a `general jurisprudence' that describes law in general; Dworkin's conception of an `internal jurisprudence' that interprets the concept of law of our legal culture; Fuller's ideal of a `functional jurisprudence' that seeks the essence of law in the values it serves; the place of rules in legal and moral reasoning; Raz's idea that laws give `exclusionary reasons' to legal actors subject to such laws; how judges should reason, according to the legal realists; whether there are right answers to all disputed law cases; whether behind the obvious law of legal rules there can exist an unobvious law of legal principles; Finnis's conception of the common good as the function law uniquely serves; in what sense law practice and legal theory are interpretive activities; whether all knowledge, or some discrete realm of knowledge, is peculiarlyinterpretive in character. Michael Moore's views on each of these topics are detailed and original, even if the springboards for each discussion are the writings of those who introduced such topics into modern discussions. The introductory chapter includes responses by many of the figures examined in the other essays, together with the author's rejoinders.

Utilitarianism And On Liberty

Author: John Stuart Mill
Publisher: John Wiley & Sons
ISBN: 047077679X
Size: 80.14 MB
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Including three of his most famous and important essays, Utilitarianism, On Liberty, and Essay on Bentham, along with formative selections from Jeremy Bentham and John Austin, this volume provides a uniquely perspicuous view of Mill's ethical and political thought. Contains Mill's most famous and influential works, Utilitarianism and On Liberty as well as his important Essay on Bentham. Uses the 1871 edition of Utilitarianism, the last to be published in Mill's lifetime. Includes selections from Bentham and John Austin, the two thinkers who most influenced Mill. Introduction written by Mary Warnock, a highly respected figure in 20th-century ethics in her own right. Provides an extensive, up-to-date bibliography with the best scholarship on Mill, Bentham and Utilitarianism.