Theory of Legislation

Hence it follows that the most striking peculiarity of his writings is their perfect correspondence. Among Dumont's first publications from the manuscripts of Bentham, was the treatise of which these volumes contain a translation.

Author: Jeremy Bentham

Publisher:

ISBN: RMS:RMS34IST000010682$$$Z

Category: Civil law

Page: 472

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"Whatever may be thought of the Principle of Utility, when considered as the foundation of morals, no one now-a-days will undertake to deny that it is the only safe rule of legislation. To establish and illustrate this proposition, and to show how it ought to be, and might be carried into practice, was the aim and end of Bentham's life and writings. Bacon derives his fame from the fact that he was the first who fully appreciated and formally laid down the proposition, now familiar to everybody, that experiment and observation are the only solid bases of the physical sciences. In the moral sciences, and especially in legislation, the principle of utility is the only certain guide; and, in the estimation of an impartial posterity, Bentham will rank with Bacon, as an original genius of the first order. During a long life, devoted solely and assiduously to the study of jurisprudence, besides his occasional publications, he produced an immense mass of manuscripts, containing a fund of most valuable ideas, but unshaped, unarranged, and in a state quite unfit for publication. Fortunately for the cause of science, these materials were not left to perish; an interpreter, a compiler, a spokesman was found, every way worthy of the task he assumed. Dumont, a citizen of Geneva, whom political troubles had driven from his own country, after a residence of some years at St. Petersburg, where he gained a high reputation as a preacher of the Reformed Church, came to London under the patronage of the Lansdowne family, and there made Bentham's acquaintance. He became his friend and disciple, was permitted to examine and to study his manuscript treatises; and, having discovered the value of this hidden treasure, he solicited the task of arranging, condensing, filling out, compiling, and translating into the French language. As soon as Bentham had discovered the great divisions, the great classifications of laws, he embraced legislation as a whole, and formed the vast project of treating it in all its parts. He considered it not as composed of detached works, but as forming a single work. He had before his eyes the general chart of the science, and after that model he framed particular charts of all its departments. Hence it follows that the most striking peculiarity of his writings is their perfect correspondence. Among Dumont's first publications from the manuscripts of Bentham, was the treatise of which these volumes contain a translation. He afterwards brought out several other works compiled in the same way, and from the same sources; and it is only in these compilations that we find anything like a clear and complete development of the ideas of Bentham, or a full exposition of his system of legislation. Public attention in America is every day more and more attracted to the subject of Legal Reform; and the translator flatters himself that he will have performed a useful and acceptable service, in restoring to its native English tongue the following treatise. It includes a vast field, never before surveyed upon any regular plan, and least of all according to such principles as Bentham has laid down. In the application of those principles he has, doubtless, made some mistakes; for mistakes are of necessity incident to a first attempt. But he has himself furnished us with the means of detecting those mistakes and of correcting them. He asks us to receive nothing on his mere authority. He subjects everything to the test of General Utility." (PsycINFO Database Record (c) 2010 APA, all rights reserved).

The Theory of Legislation

The body of this work consists of Hildreth's well-known translation of parts of Dumont's Traites. Ogden has added an introduction, which deals with Bentham's position as a philosophical thinker.

Author: Jeremy Bentham

Publisher: Fred B Rothman & Company

ISBN: 083771947X

Category: Philosophy

Page: 555

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The body of this work consists of Hildreth's well-known translation of parts of Dumont's Traites. Ogden has added an introduction, which deals with Bentham's position as a philosophical thinker. An Appendix has also been added which contain's Bentham's views of how legislators should handle sexual offences.

Analysis of Jeremy Bentham s Theory of Legislation By G W A Fletcher

Still , as it is an universal disposition of the heart to hold in affection that which
benefits , and in aversion that which injures us , this principle will often coincide
with utility , and in fact morality and legislation under its influence have often
been ...

Author: Jeremy Bentham

Publisher:

ISBN: BL:A0017710396

Category:

Page: 86

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The Theory and Practice of Legislation

The evolution of economic thinking about legislation and the legislative process
has undergone several phases. In the first phase, which was dominant until the
1970s, the prevailing economic theory of legislation was the public-interest
theory.

Author: Luc J. Wintgens

Publisher: Routledge

ISBN: 9781351881265

Category: Law

Page: 368

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This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.

Bentham s Theory of Legislation

OF THE LIMITS WHICH SEPARATE MORALS FROM LEGISLATION . SPEAKING
in general terms , Morals , or Ethics , is the art of Aim of Legislation , directing
men's actions to the production of the greatest possible quantity of happiness ;
and ...

Author: Jeremy Bentham

Publisher:

ISBN: UOM:35112104220498

Category: Civil law

Page:

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Theory of Legislation

This Elibron Classics title is a reprint of the original edition published by Kegan Paul, Trench, Trübner & Co., Ltd. in London, 1896.

Author: Jeremy Bentham

Publisher:

ISBN: 9781402170348

Category:

Page: 492

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This Elibron Classics title is a reprint of the original edition published by Kegan Paul, Trench, Trübner & Co., Ltd. in London, 1896.

Symbolic Legislation Theory and Developments in Biolaw

A pluralist account of legal interactionism. Farnham: Ashgate. Van der Burg,
Wibren. 2016. The emerging interactionist paradigm and the ideals of democracy
and rule of law. In Symbolic legislation theory and new developments in biolaw,
ed.

Author: Bart van Klink

Publisher: Springer

ISBN: 9783319333656

Category: Law

Page: 301

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This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society?

The Rationality and Justification of Legislation

updated in order to recover a dedicated space to study legislation within the field
of legal philosophy and legal theory. Over the last 15 years, Wintgens' attempt to
refund the theory of legislation has been followed by a wealth of what might be ...

Author: Luc J. Wintgens

Publisher: Springer Science & Business Media

ISBN: 9783319000626

Category: Law

Page: 186

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The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.​

The Dignity of Legislation

Jeremy Waldron, Chichele Professor of Social and Political Theory Jeremy
Waldron. Introduction I shall not say much by way of introduction to this volume or
elaboration of my title . I believe that legislation and legislatures have a bad
name in ...

Author: Jeremy Waldron

Publisher: Cambridge University Press

ISBN: 0521658837

Category: Philosophy

Page: 206

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A lucid, concise and original examination of the importance of legislation.

Jurisprudence

CHAPTER 7 LEGISLATION AND SOVEREIGNTY—JOHN AUSTIN'S THEORY1 I
Is Austin's Theory a Theory of Law? II Utility III Territorial Sovereignty IV Sanctions
and Metaphysics V Criticisms So far we have seen that in the search for rules ...

Author:

Publisher: Manchester University Press

ISBN:

Category: Domestic animals

Page: 30

View: 498

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Subjects include law of domestic animals, rules of the road, and veterinary surgeons and the law.

Jurisprudence

CHAPTER 7 LEGISLATION AND SOVEREIGNTY - JOHN AUSTIN ' S THEORY1 I
Is Austin ' s Theory a Theory of Law ? II Utility III Territorial Sovereignty IV
Sanctions and Metaphysics V Criticisms So far we have seen that in the search
for ...

Author: Ben Atkinson Wortley

Publisher: Manchester University Press

ISBN:

Category: Jurisprudence

Page: 473

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History of Political Theory An Introduction

We will concentrate on a broader theme, a certain approach to liberal political
theory, rooted in utilitarianism. ... The Theory of Legislation, An Introduction to the
Principles of Morals and Legislation, and Handbook of Political Fallacies; these ...

Author: George Klosko

Publisher: Oxford University Press

ISBN: 9780199695447

Category: Philosophy

Page: 570

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History of Political Theory: An Introduction is an engaging introduction to the main figures in the history of Western Political Theory and their most important works. The second volume traces the origin and development of liberal political theory, and so the foundations for contemporary views.

The EU Timescape

This finding is especially relevant for legislation adopted under the co-decision
procedure. The 'procedural cartel theory' of Cox and McCubbins (2005)
combined with the 'economic theory of legislation' provide the theoretical basis
that may ...

Author: Klaus H. Goetz

Publisher: Routledge

ISBN: 9781135756123

Category: Political Science

Page: 166

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The manner in which time is institutionalized is critical to how a political system works. Terms, time budgets and time horizons of collective and individual political actors; rights over timing, sequencing and speed in decision-making; and the temporal properties of policy matter to the distribution of power; efficiency and effectiveness of policy-making; and democratic legitimacy. This book makes a case for the systematic study of political time in the European Union (EU) - both as an independent and a dependent variable - and highlights the analytical value-added of a time-centred analysis. The book discusses previous scholarship on the institutionalization of political time and its consequences along the dimensions of polity, politics and policy; reviews dominant perspectives on political time, which centre on power, system performance and legitimacy; and presents case studies that illustrate the importance of time in the governance of the EU. This book was original published as a special issue of Journal of European Public Policy.

Pharmaceutical Economics and Public Policy

THEORIES OF THE EFFECTS OF PUBLIC POLICY INITIATIVES Broadly
speaking , there are two contrasting theories of legislation and regulation . The
first theory that had been widely held in the political science literature in the past
is often ...

Author: Ronald Vogel

Publisher: CRC Press

ISBN: 1439801347

Category: Medical

Page: 274

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Get a comprehensive explanation of the key economic concepts on how the pharmaceutical market functions The pharmaceutical industry has come under intense public scrutiny for the perception of product prices being too high and for concerns about research and development spending. Pharmaceutical Economics and Public Policy carefully explains the fundamentals of pharmaceutical economics while examining spending, costs, rates of return, and policies affecting the industry. This text provides a comprehensive economic analysis of the most important dimensions of the pharmaceutical market with easy-to-understand analysis of the implications of public policy. Key economic concepts necessary for understanding how the pharmaceutical market functions are clearly explained in detail. Though it is a manufacturing industry, the pharmaceutical industry has several economic aspects that make it fundamentally different from any other. Pharmaceutical Economics and Public Policy takes these sometimes confusing and difficult economic aspects within this unique industry and makes them understandable. The book is carefully referenced and includes numerous figures and tables to clearly present data. Topics in Pharmaceutical Economics and Public Policy include: policymaking—self-interest vs. public interest a pharmaceutical market overview empirical data on cost effectiveness of pharmaceutical use the economics and politics of the regulatory process the economics of patent policies pharmaceutical cost structure why price discrimination occurs in patented pharmaceuticals governmental price controls R&D expenditures sales and marketing expenditures rates of profitability in the pharmaceutical industry mergers and acquisitions and the connection to higher risk levels the future of the pharmaceutical industry Pharmaceutical Economics and Public Policy is an invaluable resource for educators, graduate students, policymakers, legislators, policy analysts, government agencies, and trade associations involved with pharmaceuticals.

Judging Statutes

57. have opened a second front in pressing their constitutional objections to the
authority of legislative history— ... See, e.g., Peter H. Aronson, Ernest Gellhorn &
Glen O. Robinson, A Theory of Legislation Delegation, 68 CORNELL L. REV.

Author: Robert A. Katzmann

Publisher: Oxford University Press

ISBN: 9780199362158

Category: Law

Page: 256

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In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

A Fragment on Government

But they remain available as lasting refutations £>f legislative error. The work
which ... The study of the theory of legislation led him, indeed, to undertake
researches in many other branches of political and moral science. It is hardly
possible to ...

Author: Jeremy Bentham

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584771661

Category: History

Page: 241

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Bentham, Jeremy. A Fragment on Government. Edited with an Introduction by F.C. Montague. Oxford: The Clarendon Press, 1891. xii, 241 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-166-6. Cloth. $65. * Bentham's first published work, an essay on sovereignty that criticizes Blackstone's Commentaries and attacks contemporary views on politics and law. This edition includes F.C. Montague's scholarly introduction that shows the significance of the Fragment and includes a biography of Bentham [1748-1832] and a discussion of his role in the history of jurisprudence. "The Fragment on Government is primarily a criticism. If it were nothing more, it would have no interest for later generations, which do not regard Blackstone as an authority upon speculative questions of politics or history, and therefore do not need to have Blackstone's theories corrected or disproved. But in criticizing Blackstone's views, Bentham necessarily expounds his own. As Bentham is one of the few English writers of mark upon the theory of political institutions, and as his doctrine forms a link in the chain of English political philosophy, we still read the Fragment of Government in order to see, not how far Blackstone was wrong, but how far Bentham was right.": Introduction 59.

The Police Power

Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest Upon
the Legislative Power of the States of the American Union 704 n.1 (6th ed. 1890).
29. ... Jeremy Bentham, The Theory of Legislation 242 (C.K. Ogden ed. 1931).

Author: Markus Dirk Dubber

Publisher: Columbia University Press

ISBN: 9780231506953

Category: Political Science

Page: 288

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Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police—the most expansive and least limitable of governmental powers—by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.

Knowledge and Politics

The major part of modern political philosophy is the theory of legislation, and the
core of modern jurisprudence the theory of adjudication. The most effective
critique of liberal political doctrine would therefore be one which showed that
theories ...

Author: Roberto Mangabeira Unger

Publisher: Simon and Schuster

ISBN: 9780029328705

Category: Philosophy

Page: 352

View: 495

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