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Bentham on Democracy, Courts, and Codification

Bentham on Democracy, Courts, and Codification

Name: Bentham on Democracy, Courts, and Codification
Brand: Cambridge University Press
SKU: 9781316516041
Price: 1160.12 HKD
Availability: InStock
Author: Philip Schofield; Xiaobo Zhai
ISBN: 9781316516041

Edited by Philip Schofield · Xiaobo Zhai

Cambridge University Press September 2022

Specifications

ISBN-13: 9781316516041
Publisher: Cambridge University Press
Publication: September 2022
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy.

Introduction

Part I. Democracy:

1. Intellectual Aptitude and the General Interest in Bentham's Democratic Thought

Philip Schofield

2. Bentham, Democracy, Free Government, and the Relationship Between Rulers and Ruled

Michael Quinn

3. The Interests of Women in Bentham's Late Constitutional Thought

Emmanuelle de Champs

4. Religion and Judgment in Bentham's Political Thought

Tsin Yen Koh

5. Organising the Utilitarian State: the Official Aptitude of Functionaries

Malik Bozzo-Rey

6. Bentham on the Corruption of Democracy

Brian Chien-Kang Chen

7. The People's 'Greatest Misfortune' and 'All the Chance the People Have': Bentham on the Separation of Powers

Xiaobo Zhai

Part II. Law and the Courts:

8. Between Constructivism and Immanentism: Bentham's Unsettled Conception of Constitutional Law

Guillaume Tusseau

9. A Genius for Legislation Bentham's 'Art and Science' of Legislation and Modern Legisprudence

Francesco Ferraro

10. Indirect Legislation in Bentham's Late Constitutional Writings

Anne Brunon-Ernst

11. Bentham, Courts and Democracy

David Lieberman

Part III. Codification:

12. Ending at the Beginning: Law and Political Theory in 'Pannomial Fragments'

Stephen Engelmann

13. Bentham's Constitutional Code and his Pannomion

Michihiro Kaino

14. Bentham's Cosmopolitan Constitutionalism

Peter Niesen

Bibliography

Index

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Table of Contents

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