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- Philip Schofield (2009). Bentham: A Guide for the Perplexed. New York ;Continuum.
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Jeremy Bentham, the founder of utilitarianism, made a powerful impact on several major areas of thought and policy: ethics, jurisprudence, political and constitutional theory, and social and administrative reform. Yet from the start his ideas have been subject to misunderstanding and caricature. John Dinwiddy's Bentham is regarded as the best introduction to this important jurist and reformer. Dinwiddy examines the various components of Bentham's philosophy and shows how each was shaped by the radical rethinking entailed by the utilitarian approach. He also discusses interpretations of Benthamism and its contemporary significance and the controversial question of Bentham's influence on reform. Bentham is reproduced here in full together with three classic essays that deal with key issues in understanding Bentham: his conversion to political radicalism, the relations between private and public ethics, and his theory of adjudication. A new introduction and select bibliography by William Twining set the context and survey the developments in Bentham studies since the book's original publication in 1989.
Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read but often caricatured. The present book offers a reinterpretation of Bentham's main philosophical doctrines, his principle of utility and his analysis of law, philosophical doctrines, as they are developed in Bentham's most important works. A new reading is also given to his theory of law, which suggests Bentham's insight, originality, and continued interest for philosophers and legal theorists. First published in 1973, this revised edition contains a new Preface, a revised Bibliography, and two new Indexes, one of Names and one of Subjects, which together replace the original index.
Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach to the analysis of language, Hart was wrong to assume that Bentham's jurisprudential project was a precursor to his own attempt to provide a morally neutral description of a legal system. It was this assumption that led to mistakes in Hart's editing of Of Laws in General. Bentham's utilitarian theory of law should be recognised as a distinct alternative to Common Law and Natural Law theories.
Jeremy Bentham, the founder of utilitarianism, made a powerful impact on several major areas of thought and policy: ethics, jurisprudence, political and constitutional theory, and social and administrative reform. Yet from the start his ideas have been subject to misunderstanding and caricature. John Dinwiddy's Bentham is regarded as the best introduction to this important jurist and reformer. Dinwiddy examines the various components of Bentham's philosophy and shows how each was shaped by the radical rethinking entailed by the utilitarian approach. He also discusses interpretations of Benthamism and its contemporary significance and the controversial question of Bentham's influence on reform. Bentham is reproduced here in full together with three classic essays that deal with key issues in understanding Bentham: his conversion to political radicalism, the relations between private and public ethics, and his theory of adjudication. A new introduction and select bibliography by William Twining set the context and survey the developments in Bentham studies since the book's original publication in 1989.
Doubts about the origin of Bentham's formula, ‘the greatest happiness of the greatest number’, were resolved by Robert Shackleton thirty years ago. Uncertainty has persisted on at least two points. (1) Why did the phrase largely disappear from Bentham's writing for three or four decades after its appearance in 1776? (2) Is it correct to argue (with David Lyons in 1973) that Bentham's principle is to be differentially interpreted as having sometimes a ‘parochial’ and sometimes a ‘universalist’ bearing? These issues are reopened here with particular reference to textual evidence overlooked in earlier discussions and contextual evidence on the development of Bentham's radicalism in the last two decades of his life. In conclusion some broader issues are raised concerning the character of Bentham's understanding of ‘happiness’ itself.
Preface Although Bentham wrote voluminously in the field of political philosophy
, he did not write any one single work that, like Hobbes's Leviathan or ...
A reply to Fransisco Vergara's attack on Halévy's interpretation of Bentham in Philosophy, January, 1998. Vergara had argued that Halévy was mistaken in interpreting Bentham's principle of utility as a psychological law as well as the ethical greatest happiness principle. Mongin and Sigot show that Halévy correctly interpreted Bentham's texts and that the psychological law is necessary to Bentham's legal theory, economics and politics; they also argue that it is incorrect to confuse the principle of utility with a theory of universal selfishness, and that this misunderstanding underlies Vergara's mistaken picture of both Halévy and Bentham.
Mill, J. S. Bentham.--Whewell, W. Bentham.--Watson, J. Bentham.--Hart, H. L. A. Bentham.--Parekh, B. Bentham's justification of the principle of utility.--Peardon, T. Bentham's ideal republic.--Hart, H. L. A. Bentham on sovereignty.--Burns, J. H. Bentham's critique of political fallacies.--Mitchell, W. C. Bentham's felicific calculus.--Roberts, D. Jeremy Bentham and the Victorian administrative state.
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