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Bentham's Theory of Law and Public Opinion


Fred Rosen, Gerald Postema, Michael Quinn, Philip Schofield, David Lieberman, Xiaobo Zhai, Emmanuelle de Champs
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  • Date Published: July 2014
  • availability: In stock
  • format: Hardback
  • isbn: 9781107042254

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About the Authors
  • 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.

    • The products of the very latest research, the chapters are relevant to contemporary debates and will inform future discussions
    • Use of original manuscripts allows for new and faithful interpretations of Bentham's thought and its development, and provides readers with vicarious access to the authentic Bentham
    • Brings together a wide variety of contributors from the increasingly vibrant international community of Bentham scholars, including philosophers, academic lawyers and historians of ideas
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    Product details

    • Date Published: July 2014
    • format: Hardback
    • isbn: 9781107042254
    • length: 263 pages
    • dimensions: 236 x 156 x 19 mm
    • weight: 0.49kg
    • availability: In stock
  • Table of Contents

    1. Introduction Fred Rosen
    2. Law's rule: reflexivity, mutual accountability, and the rule of law Gerald Postema
    3. The soul of justice: Bentham on publicity, law and the rule of law Gerald Postema
    4. Popular prejudices, real pains: what does a legislator do when the people err in assigning mischief? Michael Quinn
    5. Jeremy Bentham on taste, sex and religion Philip Schofield
    6. Bentham's jurisprudence and democratic theory: an alternative to Hart's approach David Lieberman
    7. Bentham's natural arrangement and the collapse of the expositor-censor distinction in the general theory of law Xiaobo Zhai
    8. Utility, morality and reform: Bentham and eighteenth-century continental jurisprudence Emmanuelle de Champs
    9. A defence of Jeremy Bentham's critique of natural rights Philip Schofield.

  • Editors

    Xiaobo Zhai, Zhengzhou University and University College London
    Xiaobo Zhai is Professor of Law at Zhengzhou University in China and Newton International Fellow at University College London.

    Michael Quinn, University College London
    Michael Quinn is Senior Research Associate of the Bentham Project at University College London. His research focuses on Bentham's applications of the principle of utility to public policy.


    Fred Rosen, Gerald Postema, Michael Quinn, Philip Schofield, David Lieberman, Xiaobo Zhai, Emmanuelle de Champs

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