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P/L/52. Dissertation. Anti-Nomian theory of Jeremy Bentham and its influence on the legal system.
- WORDS:
- 12000
- DATE:
- 2004
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- 129.99 GBP
The aim of the dissertation is to study the impact of Jeremy Bentham's works on legal theory. The objectives are to analyse the contribution of Bentham's anti-nomian (?anti-law?) theory to the operation of law, and to defend it form criticism. The paper gives a review of Benthan's work Rationale of Judicial Evidence ? a guide for judges envisaging a complete system of dealing with judicial evidence. In Benthan's opinion, formal strict rules that govern the law of judicial proof, often lead to misdecision and ought to be replaced by flexible principles of irrelevance, superfluity, etc. that do not bind the will of the judge. The methods used in the research are based on the review of literature covering the works by Postema, Lobban, Schauer, Meyer, Hart, Raz, Twining, etc. that show a significant divergence in opinions about Bentham's theory ranging from 'classical' to 'modern' reconceptions, and touch upon the ideas of defeasibility, asymmetry of authority, indeterminacy, incorporationism, etc. The anti-nomian theory, the paper concludes, presents the realists arguments against the determinacy of legal rules and suggests the rationale for getting rid of current rules rather than reforming them.
KEYWORDS: l, dissertation, anti-nomian, theory, jeremy, bentham, influence, legal, system,
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