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Assignment of solutions to cases: Comments on Bentham and the formal theory of legislative action

Lindahl, Lars LU (2013) In The legal philosophy and influence of Jeremy Bentham p.266-290
Abstract
The chapter starts from Bentham’s idea of an ideal code to be constructed ab origine, grounded on natural and universal principles. Lindahl maintains that Bentham had great confidence in the future role of logic, but that deontic logic is too narrow to do justice to the richness of Bentham’s ideas. The paper outlines how a formal theory of legislative action can be constructed for a rational “Bentham legislator”. The paper deals with the construction of general norms with so-called “limitations”, how the theory of legislative action can be harmonized with the logic of imperation, the use of “declarative” sentences for imperation and for report of imperation, and with the role of complex legal concepts (for example, “ownership”,... (More)
The chapter starts from Bentham’s idea of an ideal code to be constructed ab origine, grounded on natural and universal principles. Lindahl maintains that Bentham had great confidence in the future role of logic, but that deontic logic is too narrow to do justice to the richness of Bentham’s ideas. The paper outlines how a formal theory of legislative action can be constructed for a rational “Bentham legislator”. The paper deals with the construction of general norms with so-called “limitations”, how the theory of legislative action can be harmonized with the logic of imperation, the use of “declarative” sentences for imperation and for report of imperation, and with the role of complex legal concepts (for example, “ownership”, “obligation”) within a Bentham code. (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
allmän rättslära, jurisprudence
in
The legal philosophy and influence of Jeremy Bentham
editor
Tusseau, Guillaume
pages
266 - 290
publisher
Routledge
language
English
LU publication?
yes
id
5eb58adf-dd2c-4ae2-a407-9cecdbe3f736 (old id 4537010)
date added to LUP
2014-08-04 16:17:26
date last changed
2016-04-16 08:22:34
@inbook{5eb58adf-dd2c-4ae2-a407-9cecdbe3f736,
  abstract     = {The chapter starts from Bentham’s idea of an ideal code to be constructed ab origine, grounded on natural and universal principles. Lindahl maintains that Bentham had great confidence in the future role of logic, but that deontic logic is too narrow to do justice to the richness of Bentham’s ideas. The paper outlines how a formal theory of legislative action can be constructed for a rational “Bentham legislator”. The paper deals with the construction of general norms with so-called “limitations”, how the theory of legislative action can be harmonized with the logic of imperation, the use of “declarative” sentences for imperation and for report of imperation, and with the role of complex legal concepts (for example, “ownership”, “obligation”) within a Bentham code.},
  author       = {Lindahl, Lars},
  editor       = {Tusseau, Guillaume},
  keyword      = {allmän rättslära,jurisprudence},
  language     = {eng},
  pages        = {266--290},
  publisher    = {Routledge},
  series       = {The legal philosophy and influence of Jeremy Bentham},
  title        = {Assignment of solutions to cases: Comments on Bentham and the formal theory of legislative action},
  year         = {2013},
}