Download Bentham’s Theory of Law and Public Opinion by Xiaobo Zhai, Michael Quinn PDF

By Xiaobo Zhai, Michael Quinn

ISBN-10: 1107042259

ISBN-13: 9781107042254

This assortment represents the most recent examine from top students whose paintings has helped to border our knowing of Bentham because the booklet of H. L. A. Hart's Essays on Bentham. The authors discover primary parts of Bentham's inspiration, together with the connection among the rule of thumb of legislation and public opinion; legislations and renowned prejudices or manipulated tastes; Bentham's method as opposed to Hart's; sovereignty and codification; and the language of typical rights. Drawing on unique manuscripts and volumes within the gathered Works of Jeremy Bentham, the chapters mix philosophical and old ways and supply new and extra devoted interpretations of Bentham's felony philosophy and its improvement. As a coherent complete, the publication demanding situations the dominant understandings of Bentham between felony philosophers and rescues him from a few recognized mischaracterizations.

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The core idea proposed earlier – that the aim of the rule of law is to provide protection and recourse against the arbitrary exercise of power through the instrumentality of distinctive 27 28 I. Jennings, The Law and the Constitution, 5th edn. (University of London Press, 1959), 60. The list of standards set out in the United Nations Secretary-General’s Report quoted earlier is echoed in M. Agrast, J. Botero, A. Ponce, and C. Pratt, WJP Rule of Law Index 2012–2013 (Washington, DC: World Justice Project 2012–13), 7–9.

The passage is translated by Inez Kotterman-van de Vosse in her ‘Hayek on the Rule of Law’, in Hayek, Co-ordination and Evolution, eds. J. Birner and R. van Zijp (New York: Routledge, 1994), 255–72, at 255. Hobbes, who insists on rule by law, but decisively rejects the notion that the sovereign is subject to the (civil) law, makes a point of rejecting Bracton’s Codex-inspired dictum. See Leviathan, ii. 520 (Ch. 30): ‘he deserteth the Means, that being the Soveraign, acknowledgeth himselfe subject to the Civill Lawes; and renounceth the Power of Supreme Judicature’.

96, Art. 5, Resp. 3). Bentham also rejected the notion of self-imposed legal restrictions. See Postema, ‘Soul of Justice’, Chapter 3 in this volume, 58–9. law’s rule 27 According to Hobbes’s Thesis, to submit to law is to submit to another, to acknowledge the standing of another to hold one accountable. ’61 According to Kant’s Thesis, to submit to law, is, necessarily, to submit to reciprocal (or at least mutual) accountability. If A claims to bind S and to hold S accountable to this obligation, A is also subject to network of accountability to others in which S also participates.

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