Preface intended for the second edition of the Fragment on Government PDF Download
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Author: Jeremy Bentham
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 106
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Author: Jeremy Bentham
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 106
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Author: Philip Schofield
Publisher: Clarendon Press
ISBN: 0191564788
Category : History
Languages : en
Pages : 630
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In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). In 'Comment on the Commentaries', on which Bentham began work in 1774, he exposes the fallacies which he claims to have detected in Blackstone, and criticizes the theory of the Common Law. He goes on to provide important reflections on the nature of law, and more particularly on the nature of customary and of statute law, and on judicial interpretation. A Fragment on Government, which was published in 1776, was detached from the 'Comment on the Commentaries'. Concentrating on a passage of five or six pages in which Blackstone discusses the origin of society and government, Bentham offers three main criticisms. First, he criticizes Blackstone's methodology for failing to distinguish between the role of the expositor and the role of the censor, and thereby confusing the question of what the law is with the question of what the law ought to be. Second, he criticizes Blackstone's assumption that the theory of the social contract represents an adequate justification of the obligation to obey government. Third, he criticizes Blackstone's theory of sovereignty, which claims that in every state there must exist some absolute, undivided power, whose commands are law. Bentham points to the existence of states where sovereign power is both divided and limited. In these two works, published by OUP for the first time, Bentham outlines a number of themes which he goes on to develop in his later works: the principle of utility; the importance of a 'natural arrangement' for a legal system; the point at which resistance to government becomes justifiable; the exposition of legal terms; and much more. The volume also contains Bentham's 'Preface' intended for, but not published in, the second edition of A Fragment on Government, which appeared in 1823. Having by this committed himself to political radicalism, Bentham uses this occasion to reflect on the text and the circumstances in which it was produced. The text has been edited by H.L.A. Hart and J.H. Burns, whose reputations in their respective fields of legal theory and history of political thought are unsurpassed. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The texts are fully annotated with textual and historical notes, and the volume is completed with a detailed subject index, based on a methodology devised by Hart.
Author: Bhikhu C. Parekh
Publisher: Taylor & Francis
ISBN: 9780415046527
Category : Political Science
Languages : en
Pages : 1112
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Author: Élie Halévy
Publisher:
ISBN:
Category : France
Languages : en
Pages : 594
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Book Description
Author: Sir Leslie Stephen
Publisher: Library of Alexandria
ISBN: 1465502807
Category : Fiction
Languages : en
Pages : 1438
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Author: Leslie Stephen
Publisher: New York : [s.n.]
ISBN:
Category : Utilitarianism
Languages : en
Pages : 342
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Author: Jeremy Bentham
Publisher: Burns & Oates
ISBN:
Category : Law
Languages : en
Pages : 636
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Author: L. J. Hume
Publisher: Cambridge University Press
ISBN: 9780521526067
Category : Business & Economics
Languages : en
Pages : 338
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An examination of Bentham's programme for the executive and judicial branches of government.
Author: Jeremy Bentham
Publisher: UCL Press
ISBN: 1911576275
Category : Law
Languages : en
Pages : 562
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The first five volumes of the Correspondence of Jeremy Bentham contain over 1,300 letters written both to and from Bentham over a 50-year period, beginning in 1752 (aged three) with his earliest surviving letter to his grandmother, and ending in 1797 with correspondence concerning his attempts to set up a national scheme for the provision of poor relief. Against the background of the debates on the American Revolution of 1776 and the French Revolution of 1789, to which he made significant contributions, Bentham worked first on producing a complete penal code, which involved him in detailed explorations of fundamental legal ideas, and then on his panopticon prison scheme. Despite developing a host of original and ground-breaking ideas, contained in a mass of manuscripts, he published little during these years, and remained, at the close of this period, a relatively obscure individual. Nevertheless, these volumes reveal how the foundations were laid for the remarkable rise of Benthamite utilitarianism in the early nineteenth century. Bentham’s correspondence reveals that in the late 1770s he was working intensively on developing a code of penal law, but also expanding his acquaintance and, to a moderate degree, enhancing his reputation as a legal thinker. A significant family event took place in 1779 when his brother Samuel went to Russia in order to make his fortune.
Author: Jeremy Bentham
Publisher:
ISBN:
Category :
Languages : en
Pages : 712
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