Bentham's Theory of Law and Public Opinion

Bentham's Theory of Law and Public Opinion

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Cambridge University Press, 4/21/2014
EAN 9781107042254, ISBN10: 1107042259

Hardcover, 263 pages, 22.8 x 15.2 x 1.9 cm
Language: English

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.

1. Introduction Fred Rosen
2. Law's rule
reflexivity, mutual accountability, and the rule of law Gerald Postema
3. The soul of justice
Bentham on publicity, law and the rule of law Gerald Postema
4. Popular prejudices, real pains
what does a legislator do when the people err in assigning mischief? Michael Quinn
5. Jeremy Bentham on taste, sex and religion Philip Schofield
6. Bentham's jurisprudence and democratic theory
an alternative to Hart's approach David Lieberman
7. Bentham's natural arrangement and the collapse of the expositor-censor distinction in the general theory of law Xiaobo Zhai
8. Utility, morality and reform
Bentham and eighteenth-century continental jurisprudence Emmanuelle de Champs
9. A defence of Jeremy Bentham's critique of natural rights Philip Schofield.