Bentham’s Universal Jurisprudence and Theory of Legal Transplant

Revue D’Études Benthamiennes 24 (2023)
  Copy   BIBTEX

Abstract

In her influential book of _ A Turn to Empire _, J. Pitts argues that Bentham’s project was very different from later British liberal aspiration to civilize the backward countries. On the other hand, Pitts appears to struggle how to treat Bentham’s such description, for instance, of Islamic countries as a region of incurable barbarity and ignorance. I would like to argue that there was no such contradiction as suggested by Pitts in Bentham’s theory. I will firstly (in section 2) discuss Bentham’s 'Place and Time,' and show that, unlike Pitt’s interpretation, Bentham tried to change the religions, traditions and customs of non-Western countries, which are at odds with his principle of utility. However, this was based on Bentham’s conception of universal human nature. In section 3, I will examine Bentham’s enterprise of universal jurisprudence to elucidate Bentham’s conception of the universal human nature. I will then discuss that Bentham consistently tried to disseminate this conception...

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,227

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Law and language.Timothy A. O. Endicott - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford: Oxford University Press. pp. 935-968.
U.C.L. Jurisprudence Review 1995.Frederick Foo & Yu'jin Tay - 1996 - University College London, Faculty of Laws.
Of the limits of the penal branch of jurisprudence.Jeremy Bentham - 2010 - New York, N.Y.: Clarendon Press. Edited by Philip Schofield.
Preparatory Principles.Jeremy Bentham (ed.) - 2016 - Oxford: Oxford University Press UK.
Bentham's Theory of Law and Public Opinion.Xiaobo Zhai & Michael Quinn (eds.) - 2014 - New York, NY: Cambridge University Press.
An Introduction to the Principles of Morals and Legislation.Jeremy Bentham - 1780 - New York: Dover Publications. Edited by J. H. Burns & H. L. A. Hart.
U.C.L. Jurisprudence Review 1994.Stephen Mavroghenis, Guest & Rachel Westoby - 1994 - University College London, Faculty of Laws.
Globalizing Jeremy Bentham.David Armitage - 2011 - History of Political Thought 32 (1):63-82.

Analytics

Added to PP
2023-10-26

Downloads
11 (#1,142,538)

6 months
7 (#439,760)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references