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Bentham and the Common Law Tradition, 2nd Edition

Bentham and the Common Law Tradition, 2nd Edition

Name: Bentham and the Common Law Tradition, 2nd Edition
Brand: Oxford University Press
SKU: 9780198793052
Price: 1859.98 HKD
Availability: InStock
Author: Gerald J. Postema
ISBN: 9780198793052

By Gerald J. Postema

Oxford University Press July 2019

Specifications

ISBN-13: 9780198793052
Publisher: Oxford University Press
Publication: July 2019
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

The debate between Bentham and classical common law theory is philosophically fundamental and has shaped contemporary conceptions of the nature, tasks, and limits of law and adjudication. This book offers a philosophical interpretation of this historical debate. The author draws on the full range of Bentham's published and unpublished writings, and explores the philosophical foundations of Common Law theory especially in the writings of Sir Matthew Hale and David Hume.

This second edition includes a postscript that builds upon, revises, and brodens the 'revisionist' reading of Bentham's legal theory advanced in the 1986 publication.

Part I: Law, Custom, and Reason
1. Elements of Classical Common Law Theory
2. Law, Social Union, and Collective Rationality
3. Hume's Jurisprudence: Law, Justice, and Human Nature
4. Hume's Jurisprudence: Common Law Conventionalism

Part II Bentham's Critique of Common Law: The Roots of Positivism
5. Utilitarian Justice and the Tasks of Law
6. Bentham as a Common Law Revisionist
7. Custom, Rules, and Sovereignty
8. Plucking Off the Mask of Mystery
9. Utilitarian Positivism

Part III: Law, Utility, and Adjudication
10. The Judge as Paterfamilias
11. Judicial Virtues and the Sanctions of Public Opinion
12. Utilitarian Adjudication within the Shadow of the Code
13. The Coherence of Bentham's Theory of Law

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