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Of The Limits Of The Penal Branch Of Jurisprudence
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Book Synopsis Of the Limits of the Penal Branch of Jurisprudence by : Philip Schofield
Download or read book Of the Limits of the Penal Branch of Jurisprudence written by Philip Schofield and published by . This book was released on 2010 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The present edition of 'Of the Limits of the Penal Branch of Jurisprudence' supersedes 'Of Laws in General, ' edited by H.L.A. Hart and published by the Athlone Press in 1970, as a volume in The Collected Works of Jeremy Bentham."--Page xi.
Book Synopsis Of the Limits of the Penal Branch of Jurisprudence by : Jeremy Bentham
Download or read book Of the Limits of the Penal Branch of Jurisprudence written by Jeremy Bentham and published by OUP Oxford. This book was released on 2010-05-20 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the Limits of the Penal Branch of Jurisprudence is part of the introduction to the projected penal code on which Bentham worked in the late 1770s and early 1780s. An editorial introduction explains the provenance of the work, which is fully annotated with textual and historical notes.
Book Synopsis The Limits of Jurisprudence Defined by : Jeremy Bentham
Download or read book The Limits of Jurisprudence Defined written by Jeremy Bentham and published by Praeger. This book was released on 1970 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Philosophy and Influence of Jeremy Bentham by : Guillaume Tusseau
Download or read book The Legal Philosophy and Influence of Jeremy Bentham written by Guillaume Tusseau and published by Routledge. This book was released on 2014-06-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Legal Philosophy and Influence of Jeremy Bentham by : Guillaume Tusseau
Download or read book The Legal Philosophy and Influence of Jeremy Bentham written by Guillaume Tusseau and published by Routledge. This book was released on 2014-06-20 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis An Introduction to the Principles of Morals and Legislation by : Jeremy Bentham
Download or read book An Introduction to the Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bentham on Democracy, Courts, and Codification by : Philip Schofield
Download or read book Bentham on Democracy, Courts, and Codification written by Philip Schofield and published by Cambridge University Press. This book was released on 2022-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive account of Bentham's mature, distinctive thought on democracy, courts, codification, and cosmopolitanism.
Book Synopsis Philosophy, Obligation and the Law by : Piero Tarantino
Download or read book Philosophy, Obligation and the Law written by Piero Tarantino and published by Routledge. This book was released on 2018-06-27 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive investigation of the notion of obligation in Bentham’s thought. For Bentham, obligation is a fictitious – namely linguistic – entity, whose import and truth lie in empirical perceptions of pain and pleasure, ‘real’ entities. This work explores Bentham’s fictionalism, and aims to identify the general features that ethical fictitious entities (including obligation) share with other kinds of fictitious entities. The book is divided into two parts: the first examines the ontological and epistemological foundations of Bentham’s distinction between real and fictitious entities; the second part addresses the normative and motivational aspects of moral and legal notions. This book reveals the centrality of the following issues to Bentham’s legal reform: logic, theory of language, physics, metaphysics, metaethics, axiology, moral psychology, the structure of practical reasoning and action with reference to the law.
Book Synopsis The Collected Works of Jeremy Bentham: An Introduction to the Principles of Morals and Legislation by : Jeremy Bentham
Download or read book The Collected Works of Jeremy Bentham: An Introduction to the Principles of Morals and Legislation written by Jeremy Bentham and published by Clarendon Press. This book was released on 1996-01-11 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published. An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality. A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill.
Book Synopsis The Legacy of John Austin's Jurisprudence by : Michael Freeman
Download or read book The Legacy of John Austin's Jurisprudence written by Michael Freeman and published by Springer Science & Business Media. This book was released on 2012-09-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
Book Synopsis The Force of Law by : Frederick Schauer
Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Book Synopsis The Principles of Morals and Legislation by : Jeremy Bentham
Download or read book The Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
Book Synopsis Beyond Foucault by : Anne Brunon-Ernst
Download or read book Beyond Foucault written by Anne Brunon-Ernst and published by Routledge. This book was released on 2016-04-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his hugely influential book Discipline and Punish, Foucault used the example of Jeremy Bentham's Panopticon prison as a means of representing the transition from the early modern monarchy to the late modern capitalist state. In the former, power is visibly exerted, for instance by the destruction of the body of the criminal, while in the latter power becomes invisible and focuses on the mind of the subject, in order to identify, marginalize, and 'treat' those who are regarded as incapable of participating in, or unwilling to submit to, the disciplines of production. The Panopticon links the worlds of Bentham and Foucault scholars yet they are often at cross-purposes; with Bentham scholars lamenting the ways in which Foucault is perceived to have misunderstood panopticon, and Foucauldians apparently unaware of the complexities of Bentham's thought. This book combines an appreciation of Bentham's broader project with an engagement of Foucault's insights on economic government to go beyond the received reading of panopticism as a dark disciplinary technology of power. Scholars here offer new ways of understanding the Panopticon projects through a wide variety of topics including Bentham's plural Panopticons and their elaboration of schemes of 'panoptic Utopia', the 'inverted Panopticon', 'panoptic governance', 'political panopticism' and 'legal panopticism'. French studies on the Panopticon are groundbreaking and this book brings this research to an English-speaking audience for the first time. It is essential reading, not only for those studying Bentham and Foucault, but also those with an interest in intellectual history of the eighteenth and nineteenth centuries, and those studying contemporary surveillance and society.
Book Synopsis Enlightenment and Utility by : Emmanuelle de Champs
Download or read book Enlightenment and Utility written by Emmanuelle de Champs and published by Cambridge University Press. This book was released on 2015-05-12 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeremy Bentham, the founder of classical utilitarianism, was a seminal figure in the history of modern political thought. This lively monograph presents the numerous French connections of an emblematic British thinker. Perhaps more than any other intellectual of his time, Bentham engaged with contemporary events and people in France, even writing in French in the 1780s. Placing Bentham's thought in the context of the French-language Enlightenment through to the post-Revolutionary era, Emmanuelle de Champs makes the case for a historical study of 'Global Bentham'. Examining previously unpublished sources, she traces the circulation of Bentham's letters, friends, manuscripts, and books in the French-speaking world. This study in transnational intellectual history reveals how utilitarianism, as a doctrine, was both the product of, and a contribution to, French-language political thought at a key time in European history. The debates surrounding utilitarianism in France cast new light on the making of modern Liberalism.
Book Synopsis Religious Rights within the Family by : Esther Erlings
Download or read book Religious Rights within the Family written by Esther Erlings and published by Routledge. This book was released on 2019-07-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often asserted that ‘A family that prays together, stays together’. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion. From thorough examination of international law it argues that, unlike what is generally believed, the human rights regime does not grant parents a right to impose manifestations of their religion on their children. Instead, the author proposes to regard coerced manifestations as a limitation on children’s right to freedom of manifestation, based on national laws that give parents rights at the domestic level under principles such as parental responsibility. The book focuses on two aspects of States’ positive obligations in this regard. First, the obligation to provide a regulatory framework that can protect children’s right to freedom of manifestation, and restricts limitations to those that are proportionate or 'necessary in a democratic society'. Second, to provide access to remedies, which it is argued should consist of access to a family-friendly infrastructure for dispute resolution available to parents and children in conflict over religious manifestation. Both depend heavily on the way States balance power between parents and children at the national level. The book includes three case studies and social research of jurisdictions that offer different perspectives under the principles of parental authority (France), parental responsibility (England) and parental rights (Hong Kong).
Download or read book Jeremy Bentham written by Frederick Rosen and published by Routledge. This book was released on 2017-11-30 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeremy Bentham's (1748-1832) writings in social and political thought were both theoretical and practical. As a theorist, he made important contributions to the modern understanding of the principle of utility, to ideas of sovereignty, liberty and justice and to the importance of radical reform in a representative democracy. As a reformer, his ideas regarding constitutionalism, revolution, individual liberty and the extent of government have not only played an important role in eighteenth and nineteenth century debates but also, together with his theoretical work, remain relevant to similar debates today. This volume includes essays from leading Bentham scholars plus an introduction, surveying recent scholarship, by Frederick Rosen, formerly Director of the Bentham Project and Professor Emeritus of the History of Political Thought, University College London.
Book Synopsis Bentham and the Common Law Tradition by : Gerald J. Postema
Download or read book Bentham and the Common Law Tradition written by Gerald J. Postema and published by Oxford University Press. This book was released on 2019-12-19 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded to judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.