Suchergebnisse

Three important legal & political theorists operant during the transformation of legal theory from natural law to utilitarianism are examined, namely those of David Hume, Adam Smith, & Jeremy Bentham. All stressed the role of "fictions" in law & understand their theories as an answer to "fictitious" ideas of their opponents, so that their theories could be understood as an attempt to come to terms with "fictivity" of natural law theories. While Hume & Smith developed the idea of unintended consequences of human actions as an explanation for the functioning of modern society, Bentham's frontal critique of common law as existing legal practice laid foundations for utilitarian theory of law & modern legal positivism. Adapted from the source document.

Often seen as cornerstones of modern liberty, the concepts of social contract & public opinion have long played an important role in the political self-perception of European societies. Indeed, questions about the political organization of contemporary Europe can scarcely be formulated today without being articulated in terms of -- or at least with recourse to -- these two terms. A crucial stage in their development, the era of enlightenment, is examined. After analyzing the significance of Immanuel Kant's distinction between uses of reason in the public & private spheres, remarks critical of Kantian notions of rationalism, jurisprudence, liberty, & public opinion made by Edmund Burke, Jeremy Bentham, & Benjamin Constant are reviewed. M. Maguire

The ambiguities of Immanuel Kant's political philosophy, particularly his social contract theory, are discussed. In large part, Kant's political philosophy stemmed from his attitudes toward the Englightenment & the French Revolution, & his theory of social contract served as a foundation for enlightened absolutism. Comparison of Kant's thought with Thomas Hobbes's theory, particularly the right to disobedience & revolt, & with John Locke's theory of social contract & the development & context of the right to revolt, illuminates some key difficulties in Kant's political, moral, & legal theory. Adapted from the source document.