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Conceptions and Misconceptions of Legislation
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around t...
Languages of the Law
Law can be seen as a motley of different languages deployed in the legal domain. The authors of the chapters share interest in what determines the scope of the vocabulary of these languages as well as in the way they are used. Thus, both the linguistic and pragmatic turns occurring in the philosophy of language are explored as exercising not mere ripple effects on legal scholarship, but rather as having a huge impact on jurisprudence. The chapters in this volume tackle three broad problem areas to offer a coherent picture of languages of the law. The first section is devoted to legal language at large, including reflections on its nature and some distinct functions it performs in the legal domain. The second section of the book focuses on the distinctly legal and pragmatic dimensions of some fragments of vocabulary, used either in legal texts or in legal scholarship. In the third section of the volume, authors research specific questions regarding legal language and legal reasoning.
Bentham and the Common Law Tradition
This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of...
