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This book features essays on Jeremy Bentham's major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence. Gathering together an impressive array of legal scholars from around the world the book offers a chance to reassess Bentham's theories of law as well as his impact on jurisprudence. This volume offers a thorough guide to reading Bentham's legal theory giving a detailed account of Bentham's major contributions to the most important contemporary debates in jurisprudence.
Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
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.
Of the Limits of the Penal Branch of Jurisprudence is part of the introduction to the projected penal code on which Bentham worked in the late 1770s and early 1780s. An editorial introduction explains the provenance of the work, which is fully annotated with textual and historical notes.
John Stuart Mill’s Utilitarianism is a philosophical defense of utilitarianism, a moral theory stating that right actions are those that tend to promote overall happiness. The essay first appeared as a series of articles published in Fraser’s Magazine in 1861; the articles were collected and reprinted as a single book in 1863. Mill discusses utilitarianism in some of his other works, including On Liberty and The Subjection of Women, but Utilitarianism contains his only sustained defence of the theory. In this Broadview Edition, Colin Heydt provides a substantial introduction that will enable readers to understand better the polemical context for Utilitarianism. Heydt shows, for example, how Mill’s moral philosophy grew out of political engagement, rather than exclusively out of a speculative interest in determining the nature of morality. Appendices include precedents to Mill’s work, reactions to Utilitarianism, and related writings by Mill.
A series of essays which represents Bentham's attempt to address contemporary ideas of sexual morality.
This first edition of Philosophical Foundations of International Criminal Law: Correlating Thinkers contains 20 chapters about renowned thinkers from Plato to Foucault. As the first volume in the series "Philosophical Foundations of International Criminal Law", the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law.