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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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In the Interest of the Governed 2nd ed

David LyonsSusan Linn Sage Professor of Philosophy and Professor of Law, Cornell University, USA

ISBN13: 9780198239642
ISBN: 0198239645
Published: November 1991
Publisher: Oxford University Press
Format: Hardback
Price: £112.50

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Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Jeremy Bentham today is infrequently read but often caricatured. Based on a study of Bentham's most important works, this volume offers a reinterpretation of Bentham's main philosophical doctrines, his principle of utility and his analysis of law. The evidence indicates that Bentham was no universalist in morals, but embraced a dual standard - in politics the community's interest, in private ethics the agent's interest - which may in turn be based on the idea that government should serve the interests of those who are governed.;The arguments presented in this text challenge many common assumptions about Bentham's view of human nature and of political institutions. A new reading is also given to his theory of law, which suggests Bentham's insight, originality and continued interest for philosophers and legal theorists.;This revised edition of the text contains a new preface, a revised bibliography, and two new indexes, one of names and one of subjects, which together replace the original index.

Introduction: The need for re-examination.
Part 1 Bentham's utilitarianism: a differential interpretation; the consistency of the dual standard; the convergence of interests; the development of Bentham's position.
Part 2 Bentham on the nature of law: the imperational theory of law; motivation and control.