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The Merits & Excesses of Bentham’s Critique of Blackstone’s Commentaries on the Laws of England

ByHenry Willoughby

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The Merits & Excesses of Bentham's Critique of Blackstone's Commentaries on the Laws of England is a short book giving a critical purview of Bentham's strictures on Blackstone's work. In his work A Fragment of Government ('Fragment') Bentham sought to undermine the authority of Blackstone, by critiquing Blackstone's work of The Commentaries on the Laws of England ('The Commentaries'). Bentham vehemently opposes Blackstone's mere recounting of the 'law as it is'. Bentham launches an attack on Blackstone's work from a moral utilitarian standpoint. Bentham claims that legal scholarship should not be confined to mere 'epositor' but rather also mandates the need for 'censure'. This book analyses such a polemic on Blackstone from a political and psychological perspective, giving a level-headed perspective free from the hyperbole of Bentham (his excesses), but acknowledging the merit of Bentham's worthy attempt of making a science of utilitarian legal scholarship. This is a good read to grasp, critically, Bentham's argumentation, as well as giving prescription on the need to further and frame legal scholarship as a cooperative team sport - with no opposition!

Details

Publication Date
Jan 16, 2021
Language
English
ISBN
9781716224058
Category
Law
Copyright
All Rights Reserved - Standard Copyright License
Contributors
By (author): Henry Willoughby

Specifications

Pages
22
Binding
Saddle Stitch
Interior Color
Color
Dimensions
A4 (8.27 x 11.69 in / 210 x 297 mm)

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