Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Collective Litigation: A Practical Guide

Collective Litigation: A Practical Guide

Dorothea Antzoulatos, Rodger Burnett, Amr El Sawaf
Price: £250.00

More Information

Planning Law:
A Practitioner's
Handbook 2nd ed




 William Webster, Robert Weatherley


Welcome to Wildys

Watch


Corporate Insolvency Practice:
Litigation, Procedure
and Precedents 3rd ed




 Mark Watson-Gandy


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


August bank holiday

We will be closed from 5pm BST on Friday 28th August 2026 for the late summer bank holiday, re-opening at 8.30am BST on Tuesday 1st September. Any orders placed during this period will be processed when we re-open.

Hide this message

Bentham and the Common Law Tradition 2nd ed

Gerald J. Postema

ISBN13: 9780198793052
Previous Edition ISBN: 0198256515
Published: July 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £155.00



Usually despatched in 1 to 3 weeks.

The debate between Bentham and classical common law theory is philosophically fundamental and has shaped contemporary conceptions of the nature, tasks, and limits of law and adjudication. This book offers a philosophical interpretation of this historical debate. The author draws on the full range of Bentham's published and unpublished writings, and explores the philosophical foundations of Common Law theory especially in the writings of Sir Matthew Hale and David Hume.

This second edition includes a postscript that builds upon, revises, and brodens the 'revisionist' reading of Bentham's legal theory advanced in the 1986 publication.

Subjects:
Jurisprudence
Contents:
Part I: Law, Custom, and Reason
1. Elements of Classical Common Law Theory
2. Law, Social Union, and Collective Rationality
3. Hume's Jurisprudence: Law, Justice, and Human Nature
4. Hume's Jurisprudence: Common Law Conventionalism

Part II Bentham's Critique of Common Law: The Roots of Positivism
5. Utilitarian Justice and the Tasks of Law
6. Bentham as a Common Law Revisionist
7. Custom, Rules, and Sovereignty
8. Plucking Off the Mask of Mystery
9. Utilitarian Positivism

Part III: Law, Utility, and Adjudication
10. The Judge as Paterfamilias
11. Judicial Virtues and the Sanctions of Public Opinion
12. Utilitarian Adjudication within the Shadow of the Code
13. The Coherence of Bentham's Theory of Law

Series: Clarendon Law

Cover of Trusts: A Modern Analysis
Trusts: A Modern Analysis
Robert Chambers
ISBN 9780199272594
To be published March 2999
Oxford University Press
£24.99
Cover of Trusts: A Modern Analysis
Trusts: A Modern Analysis
Robert Chambers
ISBN 9780199236459
To be published March 2999
Oxford University Press
£50.00
Cover of Judging
Judging
Ross Cranston
ISBN 9780198987987
Published October 2025
Oxford University Press
£45.99
Cover of Judging
Judging
Ross Cranston
ISBN 9780198858881
Published October 2025
Oxford University Press
£110.00
Cover of Judging (eBook)
Judging (eBook)
Ross Cranston
ISBN 9780192602640
Published October 2025
Oxford University Press
£58.33

Due to a technical issue some ebooks are not available to order.

Cover of The Conflict of Laws (eBook)
The Conflict of Laws 5th ed (eBook)
Adrian Briggs
ISBN 9780198895589
Published March 2024
Oxford University Press
£34.99

Due to a technical issue some ebooks are not available to order.

Cover of The Conflict of Laws
The Conflict of Laws 5th ed
Adrian Briggs
ISBN 9780198895565
Published March 2024
Oxford University Press
£49.99
Cover of The Conflict of Laws
The Conflict of Laws 5th ed
Adrian Briggs
ISBN 9780198895527
Published March 2024
Oxford University Press
£120.00
Cover of Discrimination Law
Discrimination Law 3rd ed
Sandra Fredman
ISBN 9780198859277
Published March 2023
Oxford University Press
£57.00
Cover of Discrimination Law (eBook)
Discrimination Law 3rd ed (eBook)
Sandra Fredman
ISBN 9780192603036
Published March 2023
Oxford University Press
£39.99

Due to a technical issue some ebooks are not available to order.

Cover of War
War
Andrew Clapham
ISBN 9780198810476
Published July 2021
Oxford University Press
£37.99
Cover of War (eBook)
War (eBook)
Andrew Clapham
ISBN 9780192538444
Published July 2021
Oxford University Press
£26.99

Due to a technical issue some ebooks are not available to order.

Cover of Land Law (eBook)
Land Law 3rd ed (eBook)
Elizabeth Cooke
ISBN 9780192639523
Published September 2020
Oxford University Press
£78.99

Due to a technical issue some ebooks are not available to order.

Cover of Land Law
Land Law 3rd ed
Elizabeth Cooke
ISBN 9780198854067
Published September 2020
Oxford University Press
£112.50
Cover of Competition Law and Antitrust
Competition Law and Antitrust
David Gerber
ISBN 9780198727484
Published August 2020
Oxford University Press
£43.99
Cover of Competition Law and Antitrust (eBook)
Competition Law and Antitrust (eBook)
David Gerber
ISBN 9780191040931
Published August 2020
Oxford University Press
£28.99

Due to a technical issue some ebooks are not available to order.

Cover of An Introduction to Company Law (eBook)
An Introduction to Company Law 3rd ed (eBook)
Paul Davies
ISBN 9780192597151
Published February 2020
Oxford University Press
£40.99

Due to a technical issue some ebooks are not available to order.

Cover of An Introduction to Company Law
An Introduction to Company Law 3rd ed
Paul Davies
ISBN 9780198854920
Published February 2020
Oxford University Press
£61.00
Cover of The Conflict of Laws
The Conflict of Laws 4th ed
Adrian Briggs
ISBN 9780198845232
Published October 2019
Oxford University Press
Out of print
Cover of The Conflict of Laws
The Conflict of Laws 4th ed
Adrian Briggs
ISBN 9780198838500
Published October 2019
Oxford University Press
Out of print
Cover of Law and Values in the European Union
Law and Values in the European Union
Stephen Weatherill
ISBN 9780199557271
Published June 2016
Oxford University Press
£55.00
Cover of Law and Values in the European Union
Law and Values in the European Union
Stephen Weatherill
ISBN 9780199557264
Published June 2016
Oxford University Press
£155.00
Cover of Personal Property Law
Personal Property Law 4th ed
Michael Bridge
ISBN 9780198743088
Published April 2015
Oxford University Press
£53.00
Cover of Personal Property Law (eBook)
Personal Property Law 4th ed (eBook)
Michael Bridge
ISBN 9780191060816
Published April 2015
Oxford University Press
£36.99

Due to a technical issue some ebooks are not available to order.

Cover of Personal Property Law
Personal Property Law 4th ed
Michael Bridge
ISBN 9780198743071
Published April 2015
Oxford University Press
£135.00
Cover of Anthropology of Law
Anthropology of Law
Fernanda Pirie
ISBN 9780199696840
Published November 2013
Oxford University Press
£142.50
Cover of Anthropology of Law (eBook)
Anthropology of Law (eBook)
Fernanda Pirie
ISBN 9780191650673
Published November 2013
Oxford University Press
£37.99

Due to a technical issue some ebooks are not available to order.

Cover of The Idea of Arbitration
The Idea of Arbitration
Jan Paulsson
ISBN 9780199564170
Published November 2013
Oxford University Press
£70.00
Cover of The Idea of Arbitration
The Idea of Arbitration
Jan Paulsson
ISBN 9780199564163
Published November 2013
Oxford University Press
£170.00
Cover of The Idea of Arbitration (eBook)
The Idea of Arbitration (eBook)
Jan Paulsson
ISBN 9780191620935
Published November 2013
Oxford University Press
£48.99

Due to a technical issue some ebooks are not available to order.

Cover of The Anthropology of Law
The Anthropology of Law
Fernanda Pirie
ISBN 9780199696857
Published November 2013
Oxford University Press
£54.00
Cover of Law and Gender (eBook)
Law and Gender (eBook)
Joanne Conaghan
ISBN 9780191651595
Published October 2013
Oxford University Press
£38.99

Due to a technical issue some ebooks are not available to order.

Cover of Law and Gender
Law and Gender
Joanne Conaghan
ISBN 9780199592937
Published October 2013
Oxford University Press
£55.00
Cover of Law and Gender
Law and Gender
Joanne Conaghan
ISBN 9780199592920
Published September 2013
Oxford University Press
£135.00
Cover of The Concept of Law (eBook)
The Concept of Law 3rd ed (eBook)
H.L.A. Hart, Leslie Green
ISBN 9780191630064
Published November 2012
Oxford University Press
Out of print
Cover of The Concept of Law (eBook)
The Concept of Law 3rd ed (eBook)
H.L.A. Hart, Leslie Green
ISBN 9780191630071
Published November 2012
Oxford University Press
£35.99

Due to a technical issue some ebooks are not available to order.

Cover of The Concept of Law
The Concept of Law 3rd ed
H.L.A. Hart, Leslie Green
ISBN 9780199644704
Published November 2012
Oxford University Press
£51.00
Cover of Land Law
Land Law 2nd ed
Elizabeth Cooke
ISBN 9780199653225
Published July 2012
Oxford University Press
Out of print
Cover of Land Law (eBook)
Land Law 2nd ed (eBook)
Elizabeth Cooke
ISBN 9780191633645
Published June 2012
Oxford University Press
Out of print
Cover of Land Law
Land Law 2nd ed
Elizabeth Cooke
ISBN 9780199653232
Published June 2012
Oxford University Press
Out of print
Cover of The Concept of Law
The Concept of Law 3rd ed
H.L.A. Hart, Leslie Green
ISBN 9780199644698
Published June 2012
Oxford University Press
£145.00
Cover of An Introduction to Administrative Law
An Introduction to Administrative Law 5th ed
Peter Cane
ISBN 9780199692330
Published July 2011
Oxford University Press
£57.00
Cover of Discrimination Law
Discrimination Law 2nd ed
Sandra Fredman
ISBN 9780199584437
Published May 2011
Oxford University Press
Out of print
Cover of An Introduction to the Law of Trusts
An Introduction to the Law of Trusts 3rd ed
Simon Gardner
ISBN 9780199545759
Published May 2011
Oxford University Press
£57.00
Cover of Natural Law and Natural Rights
Natural Law and Natural Rights 2nd ed
John Finnis
ISBN 9780199599141
Published April 2011
Oxford University Press
£49.99
Cover of Employment Law
Employment Law 2nd ed
Hugh Collins
ISBN 9780199566556
Published June 2010
Oxford University Press
£55.00
Cover of International Law
International Law
Vaughan Lowe
ISBN 9780199268849
Published September 2007
Oxford University Press
£53.00
Cover of International Law (eBook)
International Law (eBook)
Vaughan Lowe
ISBN 9780191027284
Published September 2007
Oxford University Press
£36.99

Due to a technical issue some ebooks are not available to order.

Cover of Intellectual Property
Intellectual Property
Michael Spence
ISBN 9780198765011
Published August 2007
Oxford University Press
£51.00
Cover of Intellectual Property (eBook)
Intellectual Property (eBook)
Michael Spence
ISBN 9780191018800
Published August 2007
Oxford University Press
£35.99

Due to a technical issue some ebooks are not available to order.

Cover of International Law
International Law
Vaughan Lowe
ISBN 9780199230839
Published August 2007
Oxford University Press
£135.00
Cover of Civil Liberties
Civil Liberties
Conor Gearty
ISBN 9780199283002
Published August 2007
Oxford University Press
£59.00
Cover of Intellectual Property
Intellectual Property
Michael Spence
ISBN 9780198765028
Published August 2007
Oxford University Press
Price on Application
Cover of Policies and Perceptions of Insurance Law in the Twenty First Century
Policies and Perceptions of Insurance Law in the Twenty First Century
Malcolm Clarke
ISBN 9780199227648
Published May 2007
Oxford University Press
£36.99
Cover of Philosophy of Private Law
Philosophy of Private Law
William Lucy
ISBN 9780198700685
Published December 2006
Oxford University Press
£58.00
Cover of Law in Modern Society (eBook)
Law in Modern Society (eBook)
Denis Galligan
ISBN 9780191018862
Published September 2006
Oxford University Press
£35.99

Due to a technical issue some ebooks are not available to order.

Cover of Law in Modern Society
Law in Modern Society
Denis Galligan
ISBN 9780199269785
Published September 2006
Oxford University Press
£51.00
Cover of An Introduction to Tort Law
An Introduction to Tort Law 2nd ed
Tony Weir
ISBN 9780199290376
Published September 2006
Oxford University Press
£48.99
Cover of Land Law
Land Law
Elizabeth Cooke
ISBN 9780199268993
Published September 2006
Oxford University Press
Out of print
Cover of Equity
Equity 2nd ed
Sarah Worthington
ISBN 9780199290505
Published July 2006
Oxford University Press
£52.00
Cover of Equity (eBook)
Equity 2nd ed (eBook)
Sarah Worthington
ISBN 9780191018619
Published July 2006
Oxford University Press
£35.99

Due to a technical issue some ebooks are not available to order.

Cover of Atiyah's Introduction to the Law of Contract (eBook)
Atiyah's Introduction to the Law of Contract 6th ed (eBook)
Stephen A. SmithAssociate Professor of Law, McGill University, Montreal, USA, Atiyah
ISBN 9780191018244
Published February 2006
Oxford University Press
£49.99

Due to a technical issue some ebooks are not available to order.

Cover of Atiyah's Introduction to the Law of Contract
Atiyah's Introduction to the Law of Contract 6th ed
Stephen A. SmithAssociate Professor of Law, McGill University, Montreal, USA, Atiyah
ISBN 9780199249411
Published February 2006
Oxford University Press
£68.00
Cover of Unjust Enrichment (eBook)
Unjust Enrichment 2nd ed (eBook)
Peter Birks
ISBN 9780191018855
Published January 2005
Oxford University Press
£49.99

Due to a technical issue some ebooks are not available to order.

Cover of Unjust Enrichment
Unjust Enrichment 2nd ed
Peter Birks
ISBN 9780199276981
Published January 2005
Oxford University Press
£72.00
Cover of An Introduction to Family Law
An Introduction to Family Law 2nd ed
Gillian Douglas
ISBN 9780199270941
Published October 2004
Oxford University Press
£30.99
Cover of Criminal Justice
Criminal Justice
Lucia Zedner
ISBN 9780198763666
Published August 2004
Oxford University Press
£48.99
Cover of Contract Theory
Contract Theory
Stephen A. Smith
ISBN 9780198765615
Published March 2004
Oxford University Press
£65.00
Cover of Contract Theory (eBook)
Contract Theory (eBook)
Stephen A. Smith
ISBN 9780191018817
Published March 2004
Oxford University Press
£47.99

Due to a technical issue some ebooks are not available to order.

Cover of Public Law (eBook)
Public Law (eBook)
Adam Tomkins
ISBN 9780191018602
Published May 2003
Oxford University Press
£40.99

Due to a technical issue some ebooks are not available to order.

Cover of Public Law
Public Law
Adam Tomkins
ISBN 9780199260775
Published May 2003
Oxford University Press
£61.00
Cover of The Law of Property
The Law of Property 3rd ed
F.H. Lawson, Bernard Rudden
ISBN 9780198299936
Published February 2003
Oxford University Press
£59.00
Cover of An Introduction to Constitutional Law
An Introduction to Constitutional Law
Eric BarendtGoodman Professor of Media Law, University College, London
ISBN 9780198762546
Published June 2000
Oxford University Press
£53.00
Cover of Resulting Trusts
Resulting Trusts
Robert Chambers
ISBN 9780198764441
Published March 1998
Oxford University Press
£187.50
Policies and Perceptions of Insurance: An Introduction to Insurance Law
Malcolm Clarke
ISBN 9780198763413
Published October 1997
Oxford University Press
Out of print
Cover of Legal Reasoning and Legal Theory (eBook)
Legal Reasoning and Legal Theory (eBook)
Neil MacCormick
ISBN 9780191018596
Published August 1994
Oxford University Press
£49.99

Due to a technical issue some ebooks are not available to order.

Cover of Legal Reasoning and Legal Theory
Legal Reasoning and Legal Theory
Neil MacCormick
ISBN 9780198763840
Published August 1994
Oxford University Press
£68.00
Cover of Playing by the Rules: A Philosophical Examination of Rule-based Decision-making in Law and in Life (eBook)
Playing by the Rules: A Philosophical Examination of Rule-based Decision-making in Law and in Life (eBook)
Frederick SchauerFrank Stanton Professor of the First Amendment, Harvard University, Massachusetts, USA
ISBN 9780191018749
Published November 1993
Oxford University Press
£56.99

Due to a technical issue some ebooks are not available to order.

Cover of Playing by the Rules: A Philosophical Examination of Rule-based Decision-making in Law and in Life
Playing by the Rules: A Philosophical Examination of Rule-based Decision-making in Law and in Life
Frederick SchauerFrank Stanton Professor of the First Amendment, Harvard University, Massachusetts, USA
ISBN 9780198258315
Published November 1993
Oxford University Press
£78.00
Cover of Labour Legislation and Public Policy
Labour Legislation and Public Policy
Paul Davies, Mark Freedland
ISBN 9780198762881
Published July 1993
Oxford University Press
Out of print
Cover of Labour Legislation and Public Policy: A Contemporary History
Labour Legislation and Public Policy: A Contemporary History
P.L. Davies, M.R. Freedland
ISBN 9780198760603
Published May 1993
Oxford University Press
£140.00
Cover of The Philosophical Origins of Modern Contract Doctrine
The Philosophical Origins of Modern Contract Doctrine
James Gordley
ISBN 9780198258308
Published February 1993
Oxford University Press
£69.00
Cover of Norm and Nature
Norm and Nature
Roger ShinerProfessor of Philosophy, University of Alberta, Canada
ISBN 9780198257196
Published September 1992
Oxford University Press
£115.00
Cover of Precedent in English Law
Precedent in English Law 4th ed
Rupert Cross, J.W. Harris
ISBN 9780198761631
Published June 1991
Oxford University Press
£80.00
Cover of Precedent in English Law (eBook)
Precedent in English Law 4th ed (eBook)
Rupert Cross, J.W. Harris
ISBN 9780191024443
Published June 1991
Oxford University Press
£55.99

Due to a technical issue some ebooks are not available to order.

Cover of Public Law and Democracy in the United Kingdom and the United States of America
Public Law and Democracy in the United Kingdom and the United States of America
Paul Craig
ISBN 9780198256373
Published January 1991
Oxford University Press
£162.50
Cover of The Principles of Criminal Evidence
The Principles of Criminal Evidence
A.A.S. Zuckerman
ISBN 9780198762348
Published June 1989
Oxford University Press
Out of print
Cover of Conflicts of Law and Morality
Conflicts of Law and Morality
Kent Greenawalt
ISBN 9780195058246
Published May 1989
Oxford University Press
£84.00
Cover of Bentham and the Common Law Tradition
Bentham and the Common Law Tradition
Gerald J. Postema
ISBN 9780198256519
Published January 1989
Oxford University Press
Out of print
Cover of Natural Law and Natural Rights
Natural Law and Natural Rights
John Finnis
ISBN 9780198761105
Published April 1979
Oxford University Press
Out of print
Cover of An Introduction to Roman Law
An Introduction to Roman Law
Barry Nicholas, Ernest Metzger
ISBN 9780198760634
Published February 1975
Oxford University Press
£47.99
Cover of Constitutional Theory
Constitutional Theory
Geoffrey Marshall
ISBN 9780198760221
Published October 1971
Oxford University Press
Out of print
Cover of Administrative Law 2nd ed
Administrative Law 2nd ed
H.W.R. Wade
ISBN 004548
Published October 1967
Oxford University Press
Out of print
Cover of Administrative Law
Administrative Law 1st ed
H.W.R. Wade
ISBN 004423
Published April 1961
Oxford University Press
Out of print