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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 becomesjustifiable; 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.
This volume, first published in 1988, offers a comprehensive and
authoritative account of the history of a complex and varied body
of ideas over a period of more than a thousand years. A work of
both synthesis and assessment, The Cambridge History of Medieval
Political Thought presents the results of several decades of
critical scholarship in the field, and reflects in its breadth of
enquiry precisely that diversity of focus which characterised the
medieval sense of the 'political', preoccupied with universality at
some levels, and with almost minute particularity at others. Thus
among the vital questions explored by the distinguished team of
contributors are the nature of authority, of justice, of property;
the problem of legitimacy, of allegiance, of resistance to the
powers that be; the character and function of law, and the role of
custom in sustaining a social structure. While the predominant
emphasis of the volume is necessarily upon those ideas that
developed within Latin Christendom, full weight is also given to
the impact of Byzantine, Jewish, and Islamic thought, and the whole
comprises a unique distillation of knowledge upon a multi-faceted
screen.
This is a study of the ideology of monarchy in late medieval
Europe. In the fifteenth and early sixteenth centuries, European
monarchies faced a series of crises and conflicts, which gave rise
to intense debate as to the nature and authority of monarchy in its
various forms. From such debates and polemics emerged many of the
ideas that were to sustain the later confrontation between
"absolutism" and "constitutionalism." Burns examines the ideas
generated by various "crisis of monarchy" in France, England, the
Spanish kingdoms, and what still claimed to be the "universal"
monarchies of Empire and Papacy. This is a lucid and stimulating
exploration of a major and previously neglected topic in the
history of political thought by one of its leading historians.
'Fear God, honour the king.' Sixteenth-century people were supposed
to do both. But what was the king entitled to command? And what if
he ordered one thing and God's law said another? In this
fascinating and original study, James Burns examines these
questions by focusing on a neglected area of study: the Scottish
experience. The sixteenth century in Scotland was a time of intense
political and religious conflict, which generated a substantial
literature of political debate. This debate was of such intensity
that James VI, the first king to rule over Scotland and England,
wrote his own book on the subject: 'The True Lawe of Free
Monarchies'. Some of the substantial literature of political debate
has long been recognized as important in the wider history of
European political thought. Knox and Buchanan as exponents of
'resistance theory', Blackwood and Barclay as defenders of
'absolute' monarchy, have had that recognition. James VI, uniquely
expounding 'divine right' principles from the throne, has likewise
had his place. More recently, the significance of the
late-scholastic theory of John Mair has been increasingly
acknowledged. This book, however, is the first attempt to bring
together systematically these and less familiar elements in a rich
and varied body of political thought. The Scottish response to
monarchical government not only provides a microcosmic view of
European thinking on the subject, it also contributes substantially
to our understanding of the Scottish element in the new 'British'
polity which was emerging at the end of the period.
The companion volume to the highly successful Cambridge History of Medieval Political Thought, this book presents a comprehensive account of the development of European political thinking through the Renaissance and the Reformation to the "scientific revolution" and political upheavals of the seventeenth century. Recent decades have seen intensive historical investigation and reappraisal in this field. Many established perspectives have changed; and while it would still be generally accepted that something distinctly "modern" took shape in the political thought of the sixteenth and seventeenth centuries, there have been important changes in our understanding of what is "medieval" and what is "modern" and of the relationship between these concepts. A highly distinguished team of contributors present a unique, authoritative guide to these developments. Full bibliographical and biographical information is provided for those wishing to pursue specific topics in greater detail.
Almost on the eve of the sixteenth-century Reformation, the long-running debate over the respective authority of popes and councils in the Catholic Church was vigorously resumed. This book offers the first English translation of four major contributions to that debate. These complex arguments are fundamental for any society under government, whether church or state, and even on the threshold of the twenty-first century the concerns that underlie and animate these scholastic disputations continue to retain their force.
Almost on the eve of the sixteenth-century Reformation, the
long-running debate over the respective authority of popes and
councils in the Catholic Church was vigorously resumed. In this
collection the editors bring together the first English translation
of four major contributions to that debate. In these texts, complex
arguments derived from Scripture, theology, and canon law are
deployed. The issues that emerge, however, prove to have a broader
significance. What is foreshadowed here is the confrontation
between 'absolutism' and 'constitutionalism' which was to be a
dominant theme in the politics of early-modern Europe and beyond.
Even on the threshold of the twenty-first century the concerns that
underlie and animate the scholastic disputations in these pages
retain their force. This 1997 volume includes introductory material
which elucidates the context of the debate, as well as a
comprehensive bibliography.
One of the earliest and best-known of Bentham's works, the Introduction to the Principles of Morals and Legislation sets out a profound and innovative philosophical argument. This definitive edition includes both the late H. L. A. Hart's classic essay on the work and a new introduction by F. Rosen.
This volume offers a comprehensive and authoritative account of the history of a complex and varied body of ideas over a period of more than one thousand years. A work of both synthesis and assessment, The Cambridge History of Medieval Political Thought presents the results of several decades of critical scholarship in the field, and reflects in its breadth of enquiry precisely that diversity of focus that characterized the medieval sense of the "political," preoccupied with universality at some levels, and with almost minute particularity at others. Among the vital questions explored by the distinguished team of contributors are the nature of authority, of justice, of property; the problem of legitimacy, of allegiance, of resistance to the powers that be; the character and functions of law, and the role of custom in maintaining a social structure.
The companion volume to the highly successful Cambridge History of Medieval Political Thought, this book presents a comprehensive account of the development of European political thinking through the Renaissance and the Reformation to the "scientific revolution" and political upheavals of the seventeenth century. Recent decades have seen intensive historical investigation and reappraisal in this field. Many established perspectives have changed; and while it would still be generally accepted that something distinctly "modern" took shape in the political thought of the sixteenth and seventeenth centuries, there have been important changes in our understanding of what is "medieval" and what is "modern" and of the relationship between these concepts. A highly distinguished team of contributors present a unique, authoritative guide to these developments. Full bibliographical and biographical information is provided for those wishing to pursue specific topics in greater detail.
IV eine Rattenzucht enthalten muBte, verzichtet. Denjenigen, die
auf diesem Gebiete arbeiten, sei das Buch meiner Kollegin Dr.
KATHARINE H. COWARD empfohlen, das demnachst erscheinen wird. Beim
Schreiben dieses Buches war mil' die Hille meiner Kollegin Dr.
EDITH BULBRING sehr wertvoll; sie hat die Ubersetzung in die
deutsche Sprache besorgt und dabei viele Vorschlage zur besseren
Eill teilung des Stoffes und Weglassung unwichtiger Einzelheiten
gemacht. Ich bin auch Prof. GAD DUM fUr die Durchsicht des Entwurfs
zu Ka pitel III zu Dank verpflichtet, Dr. A. S. PARKES fur
Bemerkungen zu den Kapiteln uber Sexualhormone, H. P. l\'lARKS fur
Bemerkungen zur Insulinauswertung und Dr. K. H. COWARD fiir das
Durchlesen del' Kapitel uber Vitamine. Fiir die Uberlassung von
Abbildungen bin ich dem Controller of H. M. Stationery Office, den
Herausgebern del' Proceedings of the Rooya. } Society, des Journal
of Physiology, des Bio chemical Journal, des Quarterly Journal of
Pharmacy and Pharmacology, des Archivs fUr experimentelle
Pathologie und Pharmakologie, del' Zeit schrift fur Physiologische
Chemie und dem Secretary of the Health Organisation, League of
Nations, zu Dank verpflichtet. Anhang II ist mit Genehmigung des
Verlags Oliver and Boyd aus "Statistical Methods for Research
Workers" von R. A. FISHER entnommen. London, W. C. 1, Mai 1937. The
College of the Pharmaceutical Society. J. H. BURN. Vorwort zur
deutschen Ausgabe. Die Ubersetzung dieses Buches geschah noch
wahrend es geschrieben wurde; und durch die enge Zusammenarbeit mit
dem Verfasser waren die Bedingungen fur eine getreue Wiedergabe
besonders giinstig. Dr."
This Is A New Release Of The Original 1909 Edition.
This Is A New Release Of The Original 1909 Edition.
This Is A New Release Of The Original 1902 Edition.
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone!
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone!
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