Jump to ContentJump to Main Navigation

You are looking at 1-20 of 22 items for:

  • Keywords: Jeremy Bentham x
Clear All Modify Search

View:

Blackstone and Bentham: The Law of Nations and International Law

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0001
Subject:
Law, Public International Law, Legal History

English jurist, William Blackstone's Commentaries, published between 1765 and 1769, transmitted the common law's traditional perception of the law of nations to American lawyers who would declare ... More


Theories of Law and Government

William Cornish, Michael Lobban, and Keith Smith

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0004
Subject:
Law, Legal History

This chapter on theories of law and government begins with a discussion of the thought of Jeremy Bentham. It then discusses John Austin's reformulation of the province of jurisprudence, intuitionists ... More


Obedience, Freedom, and Engagement—or Utility?

Neil MacCormick

in Practical Reason in Law and Morality

Published in print:
2008
Published Online:
May 2009
ISBN:
9780198268772
eISBN:
9780191713071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268772.003.0007
Subject:
Law, Philosophy of Law

James Dalrymple, first Viscount Stair, has advanced three ‘principles of equity’: obedience, freedom, and engagement, that delineate three provinces of practical reason. With regard to ‘obedience’, ... More


‘Useful and Agreeable’ (1770–80)

Wilfrid Prest

in William Blackstone: Law and Letters in the Eighteenth Century

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199550296
eISBN:
9780191720925
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199550296.003.0013
Subject:
Law, Legal History

Blackstone evidently presented a somewhat forbidding countenance, both in and out of court, especially in his later years. But while neither gregarious nor sociable, he maintained a number of close ... More


Law and Liberty

Philip Pettit

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0002
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter is divided into two main sections. The first section lays out the essential features of the republican way of thinking about freedom, setting it in contrast to Bentham's view. The second ... More


Property Rights: Principles of Legitimation

Rajshree Chandra

in Knowledge as Property: Issues in the Moral Grounding of Intellectual Property Rights

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198065579
eISBN:
9780199080120
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198065579.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines two justificatory theories of private property: self-ownership and utility. It outlines the fundamental principles of these theories as reflected in John Locke's labour theory, ... More


Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Denis Galligan (ed.)

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.001.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

This book features a collection of writings that emerged from a programme of workshops that took place at Oxford University between 2008 and 2012. The aim of the programme was to examine from a ... More


The Benthamite Constitution—Decline and Fall?

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0005
Subject:
Law, EU Law

Thinkers like David Hume and Jeremy Bentham questioned why utility is only a residual principle, and argued that our attachment to the principle of utility can be accounted for in terms of human ... More


The Intellectual Background, 1770–1870–11

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0012
Subject:
Law, Law of Obligations

This chapter examines Jeremy Bentham's economic thoughts and the implications of these for the concept of freedom of contract in England during the period from 1770 to 1870. It suggests that ... More


Introduction

D. J. GALLIGAN

in Law in Modern Society

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291830
eISBN:
9780191700675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291830.003.0001
Subject:
Law, Philosophy of Law

Law is said to be essential for social tasks like protecting one from the other and providing a set of rules for basic forms of social life with regard to contract, property, family relations, and ... More


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


Rights

in H.L.A. Hart, Second Edition

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.003.0008
Subject:
Law, Philosophy of Law

The term “right” is used properly and in a quite standard way in both law and morality. H. L. A. Hart's theory of rights was not only an adjunct to and testing ground for his theory of obligations ... 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


The Historical Origins of the Preventive State

Andrew Ashworth and Lucia Zedner

in Preventive Justice

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712527
eISBN:
9780191780820
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712527.003.0002
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter explores the history of preventive endeavour from the late eighteenth century through the establishment of the ‘preventive police’ in the early nineteenth century. It examines the idea ... 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


The Intellectual Background, 1770–1870–1

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0011
Subject:
Law, Law of Obligations

This chapter examines changes in the intellectual condition in England during the period from 1770 to 1870 and the important implications of this for freedom of contract. The intellectual background ... More


Introduction to the Second Edition

in H.L.A. Hart, Second Edition

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.003.0001
Subject:
Law, Philosophy of Law

This book examines the ideas of H. L. A. Hart, a legal philosopher who transformed the study of jurisprudence and had a great influence on both the practice and theory of law. Hart's arguments, ... More


The Moral Considerability of Animals

Alexander Gillespie

in International Environmental Law, Policy, and Ethics

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298724
eISBN:
9780191685514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298724.003.0009
Subject:
Law, Environmental and Energy Law

This chapter discusses the contemporary basis for the moral respect for animals. It analyses philosophers Jeremy Bentham and Peter Singer's thoughts on the issue and suggests that the central point ... 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


View: