Bentham and the Common Law Tradition

Author:   Gerald J. Postema (Professor Emeritus of Philosophy, Professor of Philosophy and Law, University of North Carolina)
Publisher:   Oxford University Press
Edition:   2nd Revised edition
ISBN:  

9780198793052


Pages:   564
Publication Date:   30 July 2019
Format:   Hardback
Availability:   To order   Availability explained
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Bentham and the Common Law Tradition


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Author:   Gerald J. Postema (Professor Emeritus of Philosophy, Professor of Philosophy and Law, University of North Carolina)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 14.20cm , Height: 4.00cm , Length: 22.30cm
Weight:   0.850kg
ISBN:  

9780198793052


ISBN 10:   0198793057
Pages:   564
Publication Date:   30 July 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Part I: Law, Custom, and Reason 1: Elements of Classical Common Law Theory 2: Law, Social Union, and Collective Rationality 3: Hume's Jurisprudence: Law, Justice, and Human Nature 4: Hume's Jurisprudence: Common Law Conventionalism Part II Bentham's Critique of Common Law: The Roots of Positivism 5: Utilitarian Justice and the Tasks of Law 6: Bentham as a Common Law Revisionist 7: Custom, Rules, and Sovereignty 8: Plucking Off the Mask of Mystery 9: Utilitarian Positivism Part III: Law, Utility, and Adjudication 10: The Judge as Paterfamilias 11: Judicial Virtues and the Sanctions of Public Opinion 12: Utilitarian Adjudication within the Shadow of the Code 13: The Coherence of Bentham's Theory of Law

Reviews

Scholars have much to thank Professor Postema for, in mapping out so clearly the relationship between Bentham's thoughts on substantive law and procedure, and for placing it so firmly in the context of eighteenth century common law thought. It is rare to find a book which changes the way one thinks about great jurists: this is one such book. * The Cambridge Law Journal *


Author Information

Gerald J. Postema is Professor Emeritus of Philosophy at the University of North Carolina at Chapel Hill. He is a Fellow of Corpus Christi College, Cambridge; a Guggenheim Fellow (2005-6); a Rockefeller Fellow, Bellagio (2001); and a Fellow of the Netherland Institute for Advanced Studies (1996-7). He has held visiting posts at the University of Cambridge, the European University Institute (Florence), the University of Athens, Yale University, and the University of California, Berkeley.

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