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Drawing upon original manuscripts and The Collected Works of Jeremy
Bentham, this collection represents the latest scholarship on
Bentham's late and mature thought on constitutional law. The
contributions cover a diverse range of major topics, from official
aptitude or competency to the interests of women, and explore
Bentham's writings on courts, codification, and cosmopolitanism.
Together, its chapters challenge the received notion, based on
early jurisprudential writings, that Bentham's constitutional
thought is authoritarian, and show that Bentham, as a
constitutional theorist, offers a distinctive liberal perspective.
Freeing Bentham's theories from their long sentences and unfamiliar
terminology, these essays make accessible Bentham's subtle and
important ideas on liberal democracy. By shining a light on
Bentham's mature thought, this volume offers a refreshingly
comprehensive, detailed, and authentic account of Bentham's theory
of democracy.
This collection represents the latest research from leading
scholars whose work has helped to frame our understanding of
Bentham since the publication of H. L. A. Hart's Essays on Bentham.
The authors explore fundamental areas of Bentham's thought,
including the relationship between the rule of law and public
opinion; law and popular prejudices or manipulated tastes;
Bentham's methodology versus Hart's; sovereignty and codification;
and the language of natural rights. Drawing on original manuscripts
and volumes in The Collected Works of Jeremy Bentham, the chapters
combine philosophical and historical approaches and offer new and
more faithful interpretations of Bentham's legal philosophy and its
development. As a coherent whole, the book challenges the dominant
understandings of Bentham among legal philosophers and rescues him
from some famous mischaracterizations.
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