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  1. J. S. Mill's Liberal Utilitarian Assessment of Capitalism Versus Socialism.Jonathan Riley - 1996 - Utilitas 8 (1):39-71.
    John Stuart Mill argued, in hisPrinciples of Political Economy(1848, 7th edn., 1871), that existing laws and customs of private property ought to be reformed to promote a far more egalitarian form of capitalism than hitherto observed anywhere. He went on to suggest that such an ideal capitalism might evolve spontaneously into a decentralized socialism involving a market system of competing worker co-operatives. That possibility of market socialism emerged only as the working classes gradually developed the intellectual and moral qualities required (...)
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  • Time in Law's Domain.Gerald J. Postema - 2018 - Ratio Juris 31 (2):160-182.
    Law bends the past of a community's common life towards its future. Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and (...)
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  • Bentham on the Public Character of Law.Gerald J. Postema - 1989 - Utilitas 1 (1):41-61.
    Bentham belongs to a long tradition of reflection on law according to which the nature of law can best be understood in terms of its distinctive contribution to the solution of certain deep and pervasive problems of collective action or collective rationality. I propose to take a critical look at Bentham's unique and penetrating contribution to this tradition. For this purpose I will rely on the interpretation of the main lines of Bentham's jurisprudence and its philosophical motivations which I have (...)
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  • Law as justice.Michael S. Moore - 2001 - Social Philosophy and Policy 18 (1):115-145.
    A perennial question of jurisprudence has been whether there is a relationship between law and morality. Those who believe that there is no such relationship are known as while those who hold that some such relationship exists are usually tagged with the label Unfortunately, the latter phrase has been used in quite divergent senses. Sometimes it is used to designate any objectivist position about morality; as often, it labels the view that human nature determines what is objectively good or right; (...)
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  • The Traditionality of Statutes.Martin Krygier - 1988 - Ratio Juris 1 (1):20-39.
    The author begins by sketching the characteristics or elements of every tradition. Some reasons are then suggested for the propensity of so many authors to contrast statutes with other, allegedly more traditional kinds of law. However, it is argued that statutes are deeply embedded, along with customary and judge‐made law, in the highly traditional practices of law and that this matters much more than is commonly suspected. The thesis being defended here is not merely that law includes traditions along with (...)
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  • Utilitarianism and Distributive Justice: The Civil Law and the Foundations of Bentham's Economic Thought*: P. J. Kelly.P. J. Kelly - 1989 - Utilitas 1 (1):62-81.
    Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of Nations, he (...)
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  • Hobbes, Holmes, and Dewey: Pragmatism and the Problem of Order.Frederic R. Kellogg - 2010 - Contemporary Pragmatism 7 (2):1-14.
    Civil wars in England and America were catalysts in forming the jurisprudential views of Thomas Hobbes and Oliver Wendell Holmes Jr. Holmes's pragmatism advances a fundamentally distinct view of order from Hobbes's analytical theory. Holmes replaced the Hobbesian analytical model of law with an endogenous model that assimilates conflict in a process of formal but communal inquiry into discrete types of dispute. Holmes rejected the analytical boundary around law in favor of a holistic fallibilism, which like Dewey's encompasses all inquiry, (...)
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  • Resources for Research on Analogy: A Multi-disciplinary Guide.Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan - 2009 - Informal Logic 29 (2):84-197.
    Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...)
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  • The Legitimacy of Law: A Response to Critics.David Dyzenhaus - 1994 - Ratio Juris 7 (1):80-94.
    In this paper, the author responds to the claim that his critique of legal positivism, based on an account of adjudication in South Ahica, misses its target because it ignores, first, the positivist thesis of judicial discretion and, secondly, the fact that positivism offers no account of judicial obligation. He argues that these theses expose a tension in positivism between its commitments to liberal individualism and to the supremacy of positive law, a tension which can be resolved only by situating (...)
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  • Towards a theory of criminal law?R. A. Duff - 2010 - Aristotelian Society Supplementary Volume 84 (1):1-28.
    After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...)
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  • Adjudication under Bentham's Pannomion: J. R. Dinwiddy.J. R. Dinwiddy - 1989 - Utilitas 1 (2):283-289.
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  • A theory of legislation from a systems perspective.Peter Harrison - unknown
    In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...)
     
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