Journal of Bentham Studies
ISSN / EISSN : 2045757X / 2045757X
Current Publisher: UCL Press (10.14324)
Total articles ≅ 48
Latest articles in this journal
Journal of Bentham Studies; doi:10.14324/111.2045-757x.047
Abstract:Bentham’s massive writings on evidence, procedure and judicial organisation (EPJ) survive in over 13,000 pages of manuscript in addition to 15–20 published works, for some of which full manuscripts no longer survive. These are all quite closely linked. In order to start to understand the Rationale of Judicial Evidence it is useful to consider it in three broad contexts: Bentham’s other works in addition to those on EPJ, especially those works on the pannomion and the constitutional writings; attempts to construct a ‘theory of (judicial) evidence’ in the Anglo-American tradition of common law, especially those of J. B. Thayer and J. H. Wigmore; and recent efforts at UCL and elsewhere to develop evidence as a distinct multi-disciplinary field.
Journal of Bentham Studies; doi:10.14324/111.2045-757x.046
Abstract:Bentham’s Utilitarianism transforms earlier free speech doctrine in the service of the pursuit of truth and the control of government, preserving the distinction between statements of opinion and of fact and awarding the latter a lesser degree of protection. The work of James Mill and the early writings of John Stuart Mill retain this distinction, but their accounts are weighed down by the problems of a direct Utilitarian approach, in their consequentialist balancing of different values against each other, and in their dependence on a majoritarian epistemology and their commitment to a naive progressive optimism. Mill goes on in On Liberty to address and resolve these problems on the basis of a new justification for free speech as free deliberative thought. I argue that, contrary to most interpretations, his new justification leaves untouched the basic distinction between absolutely protected expressions of opinion and only functionally and contingently protected assertions of fact, leaving room for restrictions on factual statements, especially when untrue.
Journal of Bentham Studies, Volume 17, pp 1-18; doi:10.14324/111.2045-757x.007
Abstract:The hedonistic theories of Jeremy Bentham and John Stuart Mill are both widely known. Hedonism before Bentham, however, is much less known and, hitherto, no systematic presentation of hedonism’s early history has been written. In this paper I seek to fill this gap in the literature by providing an overview of hedonism in early Indian and ancient Greek thought (Sections 1-4), in Roman and Medieval thought (Section 5), and from the Renaissance until the Enlightenment (Section 6).
Journal of Bentham Studies, Volume 17, pp 1-11; doi:10.14324/111.2045-757x.006
Journal of Bentham Studies; doi:10.14324/111.2045-757x
Journal of Bentham Studies, Volume 16, pp 1-16; doi:10.14324/111.2045-757x.003
Abstract:In line with Bentham, who states that no one deserves punishment, not even the offender, this article argues for the development goal of criminal justice systems genuinely to achieve ‘justice’ for the greatest good of society and the offender. To this end, this article offers an ‘opportunistic interpretation’ of Bentham’s Panopticon writings.
Journal of Bentham Studies, Volume 16, pp 1-35; doi:10.14324/111.2045-757x.004
Abstract:This paper examines the relationship between Jeremy Bentham and José Cecilio del Valle, one of the most important leaders of Central America’s independence process. Since this relationship has received little attention from those studying the links between Bentham and Spanish American politicians, with the exception of Miriam Williford 1 , we consider that is very important to explore the influence of the utilitarian philosophy in Central America. With this purpose in mind, we will examine the ideas expressed in some of Valle´s writings and government projects throughout his political career dated between 1810 and 1834 in Guatemala.
Journal of Bentham Studies, Volume 16, pp 1-3; doi:10.14324/111.2045-757x.005
Journal of Bentham Studies, Volume 15, pp 1-5; doi:10.14324/111.2045-757x.001
Journal of Bentham Studies, Volume 15, pp 1-3; doi:10.14324/111.2045-757x.002