The Growth of Philosophic Radicalism

By Elie Halévy; Mary Morris | Go to book overview

CHAPTER II
BENTHAM'S PHILOSOPHY OF LAW

IT was to the reform of the science of law that Bentham devoted his life. In his Introduction to the Principles of Morals and Legislation he based a theory of punishment and a classification of crimes on the mental and moral pathology which has been outlined in the preceding pages. But already, before the publication of the Introduction, he had worked out a complete theory of law, which was not published until many years later, at the beginning of the nineteenth century, when it became known to the public through the Traités de Législation Civile et Pénale and the Théorie des Peines et des Récompenses.

At the time when Bentham was first beginning to. think and to write, an attempt had just been made to systematise English law1 Blackstone, the famous author of the Commentaries on the Laws of England, had been Bentham's tutor at Oxford in the years 1763 and 1764. Bentham, however, boasted that even then he was not taken in by Blackstone's formulae2 Even though both took up a systematic point of view, they did not both adopt the same method in forming their juridical theory3 Blackstone adopted the method of exposition, and taught law as it was; Bentham the method of censure, teaching law' as it should be'4 Blackstone's is perhaps the best method that has so far been discovered of arranging juridical matter, but it is none the less a 'technical' method; that is to say, it is founded on a knowledge of the traditional rules of the legal profession,5 as opposed to the 'natural' method which is founded on a knowledge of the general laws of human nature. The science of law as set forth by Blackstone is not a science of reasoning but a science of learning, or,

____________________
1
Blackstone, i. Comm. 4.
2
Bowring, vol. i. p. 249; vol. x. p. 45.
3
Bentham claimed to be the 'anti-Blackstone' from the time when he wrote the Fragment on Government until four years before his death when he was still engaged in refuting Blackstone.
4
Bowring, vol. i. p. 229.
5
Ibid. p. 237.

-35-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Growth of Philosophic Radicalism
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 554

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.