Bentham and the Common Law Tradition (Record no. 345108)

MARC details
000 -LEADER
fixed length control field 02087nam a22002057a 4500
003 - CONTROL NUMBER IDENTIFIER
control field 0
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20220725180332.0
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number 9780198793052
082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 340.5701 POS
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Postema, Gerald J.
245 ## - TITLE STATEMENT
Title Bentham and the Common Law Tradition
250 ## - EDITION STATEMENT
Edition statement 2nd ed.
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Place of publication, distribution, etc. New Delhi
Name of publisher, distributor, etc. Oxford University Press
Date of publication, distribution, etc. 2019
300 ## - PHYSICAL DESCRIPTION
Extent 523 p.
520 ## - SUMMARY, ETC.
Summary, etc. This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker.<br/>Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded to judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Law
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Legal System
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Common Law System
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Koha item type Books
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Withdrawn status Lost status Damaged status Not for loan Home library Current library Date acquired Total checkouts Full call number Barcode Date last seen Price effective from Koha item type
  Not Missing Not Damaged   Gandhi Smriti Library Gandhi Smriti Library 2021-08-02   340.5701 POS 162943 2021-08-02 2021-08-02 Books

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