Bentham and the Common Law TraditionClarendon Press, 1986 - 490 páginas 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. |
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Página 177
... penal laws . . . . [ Only from the matter of penal law is it possible to construct the principal portion of the edifice of the laws . It is proper , therefore , to take the penal law , which alone embraces all , as the foundation of all ...
... penal laws . . . . [ Only from the matter of penal law is it possible to construct the principal portion of the edifice of the laws . It is proper , therefore , to take the penal law , which alone embraces all , as the foundation of all ...
Página 178
Gerald J. Postema. of the proper principles of individuation of laws , threaten to under- mine the substantial work already done to put criminal justice on a firm utilitarian basis ? And why should the distinction between penal and civil ...
Gerald J. Postema. of the proper principles of individuation of laws , threaten to under- mine the substantial work already done to put criminal justice on a firm utilitarian basis ? And why should the distinction between penal and civil ...
Página 181
... penal part performs the regulative task . ' A civil law is that which establishes a right ; a penal law is that which , in consequence of the establishment of a right by the civil law , directs the punishment in a certain manner of him ...
... penal part performs the regulative task . ' A civil law is that which establishes a right ; a penal law is that which , in consequence of the establishment of a right by the civil law , directs the punishment in a certain manner of him ...
Índice
Law Social Union and Collective Rationality | 39 |
Law Justice and Human Nature | 81 |
Common Law Conventionalism | 110 |
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Términos y frases comunes
according to Bentham action argues argument behaviour Bentham insists Bentham's theory Bentham's view Blackstone Bowring iii Bowring viii civil co-ordination Comm command Common Law theory conception of law convention courts custom defined determinate discussion disposition doctrine Enquiry Essays established expectation utilities expectations fact fictions formal H. L. A. Hart Hale Hart History Hobbes Hobbes's human Hume Hume's Humean important individual interaction interest interpretation IPML J. S. Mill judge judgment jurisprudence jurisprudential justice legal positivism legislative Leviathan liberty limits matter ment moral sanction motives natural law notion obedience official ontology particular parties penal law person political positivist practice principle of utility problem procedure radical rational recognized regarding rules sense social society sovereign sovereignty standards stare decisis structure task of law theory of adjudication theory of law tion tradition Treatise UC lxix UC lxx(a utilitarian validity