British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law II
نویسندگان
چکیده
Abstract What are the legal principles of British utilitarianism in long nineteenth century; and what conception(s) international law do they offer? The celebrated founder utilitarian school is Jeremy Bentham, who categorically rejects all metaphysical natural thinking by insisting that positive ought to be adopted a legislature. But absence world legislature, did this mean for positivity normativity law? Surprisingly, Bentham second generation thinkers can affirm legally binding nature law; yet with John Austin, radical ‘sovereigntist’ critique subsequently casts doubt over as ‘properly so called’. This infamous scepticism would have profound impact on thought twentieth century, ideas third-generation became more prominent: liberal philosophy Stuart Mill. Mill’s ‘relativist’ ‘civilisational’ conception thereby gave project specifically imperialist dimension will analysed, both its utilitarian-philosophical practical-legal dimensions. article however also explores two other legacies utilitarianism, namely: rise codification emergence private during century.
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ژورنال
عنوان ژورنال: Journal of The History of International Law
سال: 2023
ISSN: ['1388-199X', '1571-8050']
DOI: https://doi.org/10.1163/15718050-bja10090