Bentham on Democracy, Courts, and Codification

by Philip Schofield (Editor), Xiaobo Zhai (Editor)

Overview

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.

Product Details

ISBN-13:	9781316516041
Publisher:	Cambridge University Press
Publication date:	09/01/2022
Pages:	278
Product dimensions:	6.26(w) x 9.25(h) x 1.02(d)

About the Author

Philip Schofield is Director of the Bentham Project, Faculty of Laws, University College London, and General Editor of the new authoritative edition of The Collected Works of Jeremy Bentham. He is the author of Utility and Democracy: The Political Thought of Jeremy Bentham (2006) and Bentham: A Guide for the Perplexed (2009).

Xiaobo Zhai is Associate Professor, Faculty of Law, University of Macau. He is the co-editor of Bentham's Theory of Law and Public Opinion (2014) and Bentham Around the World (2021). He also writes on legal philosophy, constitutional theory, and Chinese law.

Table of Contents

Introduction; Part I. Democracy: 1. Intellectual Aptitude and the General Interest in Bentham's Democratic Thought Philip Schofield; 2. Bentham, Democracy, Free Government, and the Relationship Between Rulers and Ruled Michael Quinn; 3. The Interests of Women in Bentham's Late Constitutional Thought Emmanuelle de Champs; 4. Religion and Judgment in Bentham's Political Thought Tsin Yen Koh; 5. Organising the Utilitarian State: the Official Aptitude of Functionaries Malik Bozzo-Rey; 6. Bentham on the Corruption of Democracy Brian Chien-Kang Chen; 7. The People's 'Greatest Misfortune' and 'All the Chance the People Have': Bentham on the Separation of Powers Xiaobo Zhai; Part II. Law and the Courts: 8. Between Constructivism and Immanentism: Bentham's Unsettled Conception of Constitutional Law Guillaume Tusseau; 9. A Genius for Legislation Bentham's 'Art and Science' of Legislation and Modern Legisprudence Francesco Ferraro; 10. Indirect Legislation in Bentham's Late Constitutional Writings Anne Brunon-Ernst; 11. Bentham, Courts and Democracy David Lieberman; Part III. Codification: 12. Ending at the Beginning: Law and Political Theory in 'Pannomial Fragments' Stephen Engelmann; 13. Bentham's Constitutional Code and his Pannomion Michihiro Kaino; 14. Bentham's Cosmopolitan Constitutionalism Peter Niesen; Bibliography; Index.

Editorial Reviews

‘… a testament to the rigor and vibrancy of Bentham scholarship today. Each contribution, as well as the editors’ introduction, helpfully advance complex and careful visions of Bentham’s ideas while clarifying his many neologisms and unique concepts. Consequently, the collected volume will facilitate not just new understandings of Bentham’s reputation but also revivals and refutations of his democratic liberalism.’ Kristen R. Collins, Metascience

From the Publisher