Bentham and the Common Law Tradition
Bentham and the Common Law Tradition
Law / JurisprudencePhilosophy / History & Surveys / ModernPhilosophy / PoliticalLaw / Common
Published
2019

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. 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

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