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Bentham and the Common Law Tradition, 2nd Edition

Bentham and the Common Law Tradition, 2nd Edition

作者： Gerald J. Postema
出版商： Oxford University Press
ISBN: 9780198793052
出版时间 July 2019
规格： Hardback
适应领域： U.K. ? 免责申明：
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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 The author draws on the full range of Bentham's published and unpublished writings, and explores the philosophical foundations of Common Law theory especially in the writings of Sir Matthew Hale and David Hume.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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