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The essays contained in the present volume represent Bentham's attempt to influence the direction of political and constitutional change taking place in Spain and Portugal in the early 1820s. At the same time as commenting on Spanish and Portuguese questions, Bentham outlined important aspects of his own legal and constitutional theories, defended measures of democratic reform, and offered a vigorous defence of free speech and communication. The volume complements Colonies, Commerce, and Constitutional Law, in which Bentham commented on the disastrous effects on Spain of her attempts to retain her overseas possessions.
Happiness and Utility brings together experts on utilitarianism to explore the concept of happiness within the utilitarian tradition, situating it in earlier eighteenth-century thinkers and working through some of its developments at the end of the nineteenth and beginning of the twentieth centuries. Drawing on a range of philosophical and historical approaches to the study of the central idea of utilitarianism, the chapters provide a rich set of insights into a founding component of ethics and modern political and economic thought, as well as political and economic practice. In doing so, the chapters examine the multiple dimensions of utilitarianism and the contested interpretations of this standard for judgement in morality and public policy.
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.
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.
Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.
The Correspondence of Jeremy Bentham, Volume 13 contains authoritative and fully annotated texts of all known and publishable letters sent both to and from Bentham between 1 July 1828 and his death on 6 June 1832. In addition to 474 letters, the volume contains three memorandums concerning Bentham’s health shortly before this death, his Last Will and Testament, and extracts from both the Autobiography and the manuscript diaries of Bentham’s nephew George. Of the letters that have already been published, most are drawn from the edition of The Works of Jeremy Bentham, prepared under the superintendence of Bentham’s literary executor John Bowring. A small number of letters have been reproduced from newspapers and periodicals. This volume publishes for the first time all the extant correspondence between Bentham and Daniel O’Connell, the Irish Liberator. Other new acquaintances included Charles Sinclair Cullen, barrister and law reformer, and John Tyrrell, the Real Property Commissioner. Throughout the period, Bentham maintained regular contact with old friends and connections, but he also entered into sporadic correspondence with such leading figures in government as the Duke of Wellington, Robert Peel and Henry Brougham. Further afield, Bentham corresponded, amongst others, with the Marquis de La Fayette in France, Edward Livingston in the United States of America and José Del Valle in Guatemala.
Jeremy Bentham, the founder of classical utilitarianism, was a seminal figure in the history of modern political thought. This lively monograph presents the numerous French connections of an emblematic British thinker. Perhaps more than any other intellectual of his time, Bentham engaged with contemporary events and people in France, even writing in French in the 1780s. Placing Bentham's thought in the context of the French-language Enlightenment through to the post-Revolutionary era, Emmanuelle de Champs makes the case for a historical study of 'Global Bentham'. Examining previously unpublished sources, she traces the circulation of Bentham's letters, friends, manuscripts, and books in the French-speaking world. This study in transnational intellectual history reveals how utilitarianism, as a doctrine, was both the product of, and a contribution to, French-language political thought at a key time in European history. The debates surrounding utilitarianism in France cast new light on the making of modern Liberalism.
Over his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities and churches. The essays collected in this volume range across this exciting and contested field. These 13 new essays acknowledge Haakonssen's immense academic achievement and give us new insights into the cultural and political role of law and rights in a variety of historical contexts and circumstances.
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.