Bentham on Democracy, Courts, and Codification

Administrative / Constitutional Law

Bentham on Democracy, Courts, and Codification

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

Also available as

Paperback

Details

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.

Table of Contents

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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