Bentham and the common law tradition clarendon law series postema gerald j on amazoncom free shipping on qualifying offers this work explores the relationship between benthams 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 . The clarendon law series provides general introductions to various fields of law and legal theory the volumes are primarily designed for law students but also intended to be accessible to students of history philosophy economics and other social sciences as well as the general reader. Bentham and the common law tradition second edition gerald j postema clarendon law series a classic treatise on the historical roots of contemporary anglo american legal philosophy an ideal introduction to benthams theory of law and its relationship to his foundational utilitarian convictions. Get this from a library bentham and the common law tradition gerald j postema this text offers a philosophical interpretation of the historical debate between bentham and classical common law theory a debate that is fundamental to philosophical thought and has shaped . Bentham and the common law tradition gerald postema benthams 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
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