Bentham And The Common Law Tradition

Author : Gerald J. Postema
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.31/5 ( download)

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Download or read book Bentham and the Common Law Tradition written by Gerald J. Postema and published by Oxford University Press, USA. This book was released on 1986 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Gerald J. Postema
Publisher : Oxford University Press, USA
ISBN 13 : 0198793057
Total Pages : 577 pages
Book Rating : 4.52/5 ( download)

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Download or read book Bentham and the Common Law Tradition written by Gerald J. Postema and published by Oxford University Press, USA. This book was released on 2019 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "This second edition of a classic in Anglo-American legal philosophy reopens the dialogue between Bentham's work and contemporary legal philosophy. Gerald J. Postema revisits the themes of the first edition in light of the latest scholarly criticism and provides new insights into the historical-philosophical roots of international law"

Author : Jeremy Bentham
Publisher :
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.43/5 ( download)

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Download or read book Codification of the Common Law written by Jeremy Bentham and published by . This book was released on 1882 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Douglas E. Edlin
Publisher : Cambridge University Press
ISBN 13 : 9780521176156
Total Pages : 262 pages
Book Rating : 4.58/5 ( download)

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Download or read book Common Law Theory written by Douglas E. Edlin and published by Cambridge University Press. This book was released on 2010-10-18 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.

Author : Douglas E. Edlin
Publisher : University of Michigan Press
ISBN 13 : 0472034154
Total Pages : 336 pages
Book Rating : 4.54/5 ( download)

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Download or read book Judges and Unjust Laws written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2010-07-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges legally obligated to enforce an unjust law?

Author : Nicoletta Bersier
Publisher : Springer Nature
ISBN 13 : 3030877183
Total Pages : 194 pages
Book Rating : 4.87/5 ( download)

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Download or read book Common Law – Civil Law written by Nicoletta Bersier and published by Springer Nature. This book was released on 2022-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.

Author : James Coolidge Carter
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.UT/5 ( download)

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Download or read book The Proposed Codification of Our Common Law written by James Coolidge Carter and published by . This book was released on 1884 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Gerald J. Postema
Publisher : Oxford University Press
ISBN 13 : 0192511521
Total Pages : 577 pages
Book Rating : 4.22/5 ( download)

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Download or read book Bentham and the Common Law Tradition written by Gerald J. Postema and published by Oxford University Press. This book was released on 2019-12-19 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded to judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.

Author : Georg Schwarzenberger
Publisher :
ISBN 13 :
Total Pages : 294 pages
Book Rating : 4.58/5 ( download)

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Download or read book Jeremy Bentham and the Law written by Georg Schwarzenberger and published by . This book was released on 1948 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Gerald J. Postema
Publisher : Springer Science & Business Media
ISBN 13 : 9048189608
Total Pages : 633 pages
Book Rating : 4.01/5 ( download)

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Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Gerald J. Postema and published by Springer Science & Business Media. This book was released on 2011-08-05 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.