Bentham and the common law tradition
This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.
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Elements of Classical Common Law Theory
Law Social Union and Collective Rationality
Law Justice and Human Nature
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according to Bentham action argues argument behaviour Bentham insists Bentham's theory Bentham's view Blackstone Bowring iii Bowring viii civil co-ordination Comm command Common Law theory conception of law convention courts custom defined determinate discussion disposition doctrine Enquiry Essays established expectation utilities expectations fact fictions formal H. L. A. Hart Hale Hart History Hobbes Hobbes's human Hume Hume's Humean important individual interaction interest interpretation IPML J. S. Mill judge judgment jurisprudence jurisprudential justice legal positivism legislative Leviathan liberty limits matter ment moral sanction motives natural law notion obedience official ontology particular parties penal law person political positivist practice principle of utility problem procedure radical rational recognized regarding rules sense social society sovereign sovereignty stare decisis structure task of law theory of adjudication theory of law tion tradition Treatise UC Ixix UC Ixx(a utilitarian validity virtue
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