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Books > Law > Jurisprudence & general issues > Legal history
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Of the Limits of the Penal Branch of Jurisprudence (Hardcover, New)
Loot Price: R4,444
Discovery Miles 44 440
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Of the Limits of the Penal Branch of Jurisprudence (Hardcover, New)
Series: The Collected Works of Jeremy Bentham
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Of the Limits of the Penal Branch of Jurisprudence, written in
1780-2, is the continuation of An Introduction to the Principles of
Morals and Legislation, and thus part of the introduction to the
projected penal code on which Bentham worked in the late 1770s and
early 1780s. The work emerged from Bentham's attempt to distinguish
between civil and penal law, which led him into an exposition of
the nature and scope of an individual law and an analysis of such
key legal terms as power, duty, right, property, contract, and
conveyance. Bentham addresses the relationship between different
'aspects' of the legislator's will, such as command, prohibition,
and permission, and in so doing develops a 'logic of the will'
which anticipates modern deontic logic. He explains that the
disposition of the people to obey constitutes the basis of
political and legal power, and distinguishes between law addressed
to the sovereign and law addressed to the people. Dealing with some
of the most fundamental problems in jurisprudence and the theory of
human action, Of the Limits of the Penal Branch of Jurisprudence is
a work of outstanding originality and seminal importance in the
field of legal philosophy. The volume contains an Editorial
Introduction which explains the provenance of the text, and the
method of presentation. The text is fully annotated with textual
and historical notes, and the volume is completed with detailed
subject and name indices. This edition of Of the Limits of the
Penal Branch of Jurisprudence supersedes Of Laws in General, edited
by H.L.A. Hart and published by the Athlone Press in 1970, as a
volume in The Collected Works of Jeremy Bentham.
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