商品簡介
The debate between Bentham and classical common law theory is philosophically fundamental and has shaped contemporary conceptions of the nature, tasks, and limits of law and adjudication. This book offers a philosophical interpretation of this historical debate. The author draws on the full range of Bentham's published and unpublished writings, and explores the philosophical foundations of Common Law theory especially in the writings of Sir Matthew Hale and David Hume.
This second edition includes a postscript that builds upon, revises, and brodens the 'revisionist' reading of Bentham's legal theory advanced in the 1986 publication.
`Scholars have much to thank Professor Postema for, in mapping out so clearly the relationship between Bentham's thoughts on substantive law and procedure, and for placing it so firmly in the context of eighteenth century common law thought. It is rare to find a book which changes the way one thinks about great jurists: this is one such book.'
The Cambridge Law Journal
作者簡介
Gerald Postema, Cary C. Boshamer Professor of Philosophy and Professor of Law, UNC School of Law
Gerald J. Postema is the Cary C. Boshamer Professor of Philosophy and Professor of Law at the University of North Carolina at Chapel Hill. He is a Fellow of Corpus Christi College, Cambridge; a Guggenheim Fellow (2005-6); a Rockefeller Fellow, Bellagio (2001); and a Fellow of the Netherland Institute for Advanced Studies (1996-7). He has held visiting posts at the University of Cambridge, the European University Institute (Florence), the University of Athens, Yale University, and the University of California, Berkeley.
