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A Comment On The Commentaries And A Fragment On Government

A Comment On The Commentaries And A Fragment On Government
Author: Philip Schofield
Publisher: Clarendon Press
ISBN: 0191564788
Size: 50.88 MB
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In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). In 'Comment on the Commentaries', on which Bentham began work in 1774, he exposes the fallacies which he claims to have detected in Blackstone, and criticizes the theory of the Common Law. He goes on to provide important reflections on the nature of law, and more particularly on the nature of customary and of statute law, and on judicial interpretation. A Fragment on Government, which was published in 1776, was detached from the 'Comment on the Commentaries'. Concentrating on a passage of five or six pages in which Blackstone discusses the origin of society and government, Bentham offers three main criticisms. First, he criticizes Blackstone's methodology for failing to distinguish between the role of the expositor and the role of the censor, and thereby confusing the question of what the law is with the question of what the law ought to be. Second, he criticizes Blackstone's assumption that the theory of the social contract represents an adequate justification of the obligation to obey government. Third, he criticizes Blackstone's theory of sovereignty, which claims that in every state there must exist some absolute, undivided power, whose commands are law. Bentham points to the existence of states where sovereign power is both divided and limited. In these two works, published by OUP for the first time, Bentham outlines a number of themes which he goes on to develop in his later works: the principle of utility; the importance of a 'natural arrangement' for a legal system; the point at which resistance to government becomes justifiable; the exposition of legal terms; and much more. The volume also contains Bentham's 'Preface' intended for, but not published in, the second edition of A Fragment on Government, which appeared in 1823. Having by this committed himself to political radicalism, Bentham uses this occasion to reflect on the text and the circumstances in which it was produced. The text has been edited by H.L.A. Hart and J.H. Burns, whose reputations in their respective fields of legal theory and history of political thought are unsurpassed. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The texts are fully annotated with textual and historical notes, and the volume is completed with a detailed subject index, based on a methodology devised by Hart.
A Comment on the Commentaries and A Fragment on Government
Language: en
Pages: 630
Authors: Philip Schofield
Categories: History
Type: BOOK - Published: 2008-11-20 - Publisher: Clarendon Press
In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). In 'Comment on the Commentaries', on which Bentham began work in 1774, he exposes the fallacies which he claims to have detected in Blackstone, and criticizes the
A Comment on the Commentaries and A Fragment on Government
Language: en
Pages: 576
Authors: Jeremy Bentham, J.H. Burns, H.L.A Hart
Categories: History
Type: BOOK - Published: 2008-11-20 - Publisher: Oxford University Press on Demand
In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). He provides important refelctions on the nature of law, and more particularly on the nature of customary and statute law, and on judicial interpretation.
A Fragment on Government; Or, a Comment on the Commentaries:
Language: en
Pages: 143
Authors: Jeremy Bentham
Categories: Electronic book
Type: BOOK - Published: 1823 - Publisher:
Books about A Fragment on Government; Or, a Comment on the Commentaries:
A Comment on the Commentaries and A Fragment on Government
Language: en
Pages: 576
Authors: James Henderson Burns, Herbert Lionel Adolphus Hart
Categories: Great Britain
Type: BOOK - Published: 1977 - Publisher:
Books about A Comment on the Commentaries and A Fragment on Government
A Fragment on Government; Or, A Comment on the Commentaries: Being an Examination of ... Sir William Blackstone's Commentaries ...
Language: en
Pages: 143
Authors: Jeremy Bentham
Categories: Political science
Type: BOOK - Published: 1823 - Publisher:
Books about A Fragment on Government; Or, A Comment on the Commentaries: Being an Examination of ... Sir William Blackstone's Commentaries ...
A Comment on the Commentaries and A Fragment on Government
Language: en
Pages: 576
Authors: Jeremy Bentham
Categories: Law
Type: BOOK - Published: 1977 - Publisher:
Books about A Comment on the Commentaries and A Fragment on Government
A Fragment on Government, Or, a Comment on the Commentaries
Language: en
Pages: 218
Authors: Jeremy Bentham
Categories: Law
Type: BOOK - Published: 2017-09-08 - Publisher: Trieste Publishing
Trieste Publishing has a massive catalogue of classic book titles. Our aim is to provide readers with the highest quality reproductions of fiction and non-fiction literature that has stood the test of time. The many thousands of books in our collection have been sourced from libraries and private collections around
A Fragment on Government Or a Comment on the Commentaries
Language: en
Pages: 208
Authors: Jeremy Bentham
Categories: History
Type: BOOK - Published: 2019-02-25 - Publisher: Wentworth Press
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references,
A Fragment on Government; Or, A Comment on the Commentaries; Being an Examination of what is Delivered on the Subject of Government in General, in the Introduction to Sir William Blackstone's Commentaries: with a Preface, in which is Given a Critique on the Work at Large by Jeremy Bentham
Language: en
Pages: 146
Authors: Jeremy BENTHAM
Categories: History
Type: BOOK - Published: 1823 - Publisher:
Books about A Fragment on Government; Or, A Comment on the Commentaries; Being an Examination of what is Delivered on the Subject of Government in General, in the Introduction to Sir William Blackstone's Commentaries: with a Preface, in which is Given a Critique on the Work at Large by Jeremy
A Fragment on Government Or a Comment on the Commentaries - Scholar's Choice Edition
Language: en
Pages: 210
Authors: Jeremy Bentham
Categories: History
Type: BOOK - Published: 2015-02-18 - Publisher:
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references,