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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 idea of utility as a value, goal or principle in political, moral and economic life has a long and rich history. Now available in paperback, The Bloomsbury Encyclopedia of Utilitarianism captures the complex history and the multi-faceted character of utilitarianism, making it the first work of its kind to bring together all the various aspects of the tradition for comparative study. With more than 200 entries on the authors and texts recognised as having built the tradition of utilitarian thinking, it covers issues and critics that have arisen at every stage. There are entries on Plato, Epicurus, and Confucius and progenitors of the theory like John Gay and David Hume, together with political economists, legal scholars, historians and commentators. Cross-referenced throughout, each entry consists of an explanation of the topic, a bibliography of works and suggestions for further reading. Providing fresh juxtapositions of issues and arguments in utilitarian studies and written by a team of respected scholars, The Bloomsbury Encyclopedia of Utilitarianism is an authoritative and valuable resource.
Designed for upper-level senior and graduate criminological theory courses, this text thoroughly examines the ideas and assumptions underlying each major theoretical perspective in criminology. It lays bare theorists' ideas about human nature, social structure, social order, concepts of law, crime and criminals, the logic of crime causation and the policies and criminal justice practices that follow from these premises. The book provides students with a clear critical, analytic overview of criminological theory that enable enformed evaluative comparisons among different theorists.
Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.