Bentham's Theory of Law and Public Opinion


Book Description

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.




Bentham on Democracy, Courts, and Codification


Book Description

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.




Utility and Democracy


Book Description

Utility and Democracy is the first comprehensive historical account of the political thought of Jeremy Bentham (1748-1832), the philosopher and reformer. Philip Schofield draws on his extensive knowledge of Bentham's unpublished manuscripts and original printed texts, and on the new, authoritative edition of The Collected Works of Jeremy Bentham . A compelling narrative charts the way in which Bentham applied his utilitarian philosophy to the rapidly changing circumstances of his age. Schofield begins with a lucid account of Bentham's insights in the fields of logic and language, and in particular his theory of real and fictitious entities, which lie at the foundation of his thought. He proceeds to show how these insights brought Bentham to the principle of utility, which led him in turn to produce the first systematic defence of democracy from a utilitarian perspective. In contrast to previous scholarship, which claims that Bentham's 'conversion' or 'transition' to political radicalism took place either at the time of the French Revolution or following his meeting with James Mill in 1808 or 1809, Professor Schofield shows that the process began in or around 1804 when the notion of sinister interest emerged in Bentham's thought. Bentham appreciated that rulers, rather than being motivated by a desire to promote the greatest happiness of those subject to them, aimed to promote their own happiness, whatever the overall cost to the community. In his constitutional writings of the 1820s, which he addressed to 'all nations professing liberal opinions', Bentham argued that the proper end of constitutional design was to maximize official aptitude and minimize government expense, and that the publicity of official actions, within the context of a republican system of government where sovereignty lay in the people, was the means to achieve it. Bentham's commitment to radical reform led him to advocate the abolition of the British monarchy and House of Lords, the replacement of the Common Law with a codified system of law, and the 'euthanasia' of the Anglican Church.










Bentham: A Fragment on Government


Book Description

This volume makes available to a student readership one of the central texts in the utilitarian tradition, in the authoritative 1977 edition prepared by Professors Burns and Hart as part of Bentham's Collected works. A Fragment on Government is, as Ross Harrison observes in his introduction, a young man's work, and Bentham's exuberant prose reflects his own confidence that the Fragment 'was the first publication by which men at large were invited to break loose from the trammels of authority and ancestor-wisdom on the field of law'. Certain that history was on his side, Bentham sought to rid the world of the hideous mess wrought by legal obfuscation and confusion, and to transform politics into a rational scientific activity, premised on the hideous politics into a rational scientific activity, premised on the fundamental axiom that 'it is the greatest happiness of the greatest number that is the measure of right and wrong'. In the context of a European social and political order still based upon privilege and hereditary right, this was a profoundly subversive sentiment. This edition of the Fragment on Government contains several important students aids, including a guide to further reading and a chronology of the principal events in Bentham's life.




Bentham and the Common Law Tradition


Book Description

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.




Bentham's Theory of Law and Public Opinion


Book Description

Intended for academics and students who are interested in legal and political philosophy and in intellectual and legal history, this volume brings together the latest research from leading Bentham scholars and challenges the dominant understandings of Bentham among legal and political philosophers.




Lectures on the Relation Between Law and Public Opinion in England During the Nineteenth Century


Book Description

The famed 1914 edition of this classic is one of the small handful of works that deserve to be read by Americans to understand the 1980s. Indeed, the final three chapters, describing the decline of will and consensus in late Victorian England, stand as a stark, unmistakable reminder that such national decline can happen again. Dicey was the most influential constitutional authority in late Victorian and Edwardian Britain. Modern politicians have often invoked the phrase "rule of law." So commonplace has it become that few recognize its source in the work of Dicey. Law and Public Opinion in England is written with simplicity, wit and a sense of purpose that marks it as a book apart. It did much more than fortell the decline of empire, it developed the forms in which such decline comes about. In many ways this book represents a pioneering statement on the libertarian tradition as a consequence of rather than rebellion against the legal norms of an advanced civilization. This is a central book for students of society and politics alike.