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Jeremy Bentham is usually seen as an anti-realist political thinker, or a proponent of what Bernard Williams has termed ‘political moralism’. This article questions that prevalent view and suggests instead that there are good grounds for considering Bentham a political realist. Bentham’s political thought has considerable commonalities with that of the sociologist and political realist Max Weber: both agree that politics is a unique domain of human activity defined by its association with power; that consequently, ethical conduct is unavoidably inflected (...) |
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This article argues that Jeremy Bentham put forward a distinctive and original theory of representative democracy which can be helpfully analysed through his concept of the ‘deputy’. A deputy, Bentham argued, evoked a specific political relationship between governors and the governed – a relationship that was functionally different to that between the people and a ‘representative’ or a ‘delegate’. Whereas a representative was suggestive of too great a degree of governmental independence from the people and a delegate implied an excessive (...) |
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The author analyzes fictions of legal positivist philosophy and their role in the scientific legitimation of modern law and political domination. The original function of legalist fictions was the establishment of legal science, which would be autonomous and independent of other social sciences and public morality. In the second half of the 20th century, legal positivist philosophy has nevertheless adopted the fiction of the just law as its scientific legitimation fiction and incorporated moral and political discourse into legal science, again.Legal (...) |
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Ratio Juris, Volume 34, Issue 4, Page 386-414, December 2021. |
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In this paper, I sketch out and assess two readings of Bentham's theory of meaning, one reductive (Section 2), the other quasi‐pragmatist (Section 3)—both implicating Bentham's ontological and epistemological views. I focus on the way these readings would understand Bentham's analyses of claims in moral and political discourse that rely on putatively normative notions such as obligations and rights, good and bad, and what ought to be the case. I conclude the paper by suggesting tentatively that the independent merits of (...) |
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Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022. |
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The impact of Beccaria's On Crimes and Punishments on English discussions of punishment in the twenty-five years following its publication is assessed, with attention being paid to Beccaria's combination of contractarian and early utilitarian thinking. It is argued that Beccaria's influence was particularly striking in England in that he stimulated two disparate strands of reform thinking. The first being exemplified in the work of William Eden, and taking the form of a contractarian, humanitarian version, which owed something to William Blackstone, (...) |
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To challenge the Foucauldian legacy of Jeremy Bentham’s panopticon prison, scholars often highlight Bentham’s later writings on the democratic power of public opinion. In doing so, they reaffirm Bentham’s reputation as a unreserved proponent of transparency. To recover the limits of Bentham’s embrace of publicity, I examine the model of visibility exemplified by his designs for the Sotimion, a residence for unmarried, pregnant women. The Sotimion draws our attention to Bentham’s appreciation for concealment as a method of preventing individual and (...) |
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This thesis is concerned with John Stuart Mill’s democratic theory. In chapter I, I examine the relations between political philosophy and political theory and science before providing a detailed outline of the aims of the dissertation. In chapter II, I argue that in order to reconcile the concepts of progress and equality within a utilitarian theory, a Millian political system needs to devise institutions that promote general happiness, protect individual autonomy, safeguard society from mediocrity. Chapter III discusses what different authors (...) |
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