Jump to ContentJump to Main Navigation

You are looking at 1-7 of 7 items

  • Keywords: Jeremy Bentham x
  • University Presses: Yale University Press x
  • Yale University Press x
Clear All Modify Search

View:

The Future of Law and Economics: Essays in Reform and Recollection

Guido Calabresi

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.001.0001
Subject:
Law, Constitutional and Administrative Law

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which are identified with Jeremy ... More


Positive Law in the Analytical Positivism of John Austin

James Bernard Murphy

in The Philosophy of Positive Law: Foundations of Jurisprudence

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.003.0005
Subject:
Law, Philosophy of Law

This chapter examines John Austin's discourse of positive law. It shows that although Austin was in some respects a disciple of Jeremy Bentham, he strays furthest from his master in his discourse of ... More


Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0006
Subject:
Law, Legal History

Chapter 5 considers the broader values with which Americans, including nonlawyers, came to invest adversarial procedure. Troubled by the radical economic transformations of the era (including the ... More


Of Law and Economics and Economic Analysis of Law: The Role of the Lawyer

Guido Calabresi

in The Future of Law and Economics: Essays in Reform and Recollection

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter explains the difference between law and economics, identified with John Stuart Mill, and the economic analysis of law, exemplified by Jeremy Bentham. It presents examples of ... More


Conclusion

James Livesey

in Civil Society and Empire: Ireland and Scotland in the Eighteenth-Century Atlantic World

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300139020
eISBN:
9780300155907
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300139020.003.0008
Subject:
History, Social History

This chapter reflects on the significant changes about the concept of civil society that occurred during the late 1700s. In the late 1700s to early 1800s, civil society remained a significant ... More


A Troubled Inheritance: The English Procedural Tradition and Its Lawyer-Driven Reconfiguration in Early Nineteenth-Century New York

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0003
Subject:
Law, Legal History

Chapter 2 examines New York Chancery, the leading court of equity in the early United States. It argues that as of about 1800, chancery largely followed English equity’s model of quasi-inquisitorial ... More


The Freedmen’s Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0007
Subject:
Law, Legal History

Chapter 6 examines the Freedmen’s Bureau courts as an exception to the otherwise prevailing failure of conciliation courts to take root in American soil. Created to integrate the newly freed ... More


View: