Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-06T10:42:21.421Z Has data issue: false hasContentIssue false

9 - A Genius for Legislation

Bentham’s ‘Art and Science’ of Legislation and Modern Legisprudence

from Part II - Law and the Courts

Published online by Cambridge University Press:  25 August 2022

Philip Schofield
Affiliation:
University College London
Xiaobo Zhai
Affiliation:
Universidade de Macau
Get access

Summary

The neologism ‘legisprudence’ refers to ‘the name for the branch of legal theory that deals with legislation from a theoretical and a practical perspective’.1 In what follows, I will present an analysis of Bentham’s ‘art and science’ of legislation and try to show the relevance of his theory for modern legisprudential concerns. A fundamental problem with this field of study concerns its boundaries and its place within the domain of legal science. This is closely related to the question of whether, and possibly how, legal scholars can contribute to legisprudence rather than leaving it (for instance) to sociologists, political scientists, and other experts. I will try to show that, for Bentham, the ‘art and science of legislation’ was a branch of normative ethics that constituted a completely legitimate and indeed crucial field of research for legal scholars. I will then focus on how Bentham treated the problem of rational law-making and legislative reason-giving, which is central to legisprudence as a ‘rational theory of legislation’.2 Lastly, I confront Bentham’s theory with some of the problems that current legisprudence is addressing and examine – including in light of his late constitutional theory – the kinds of answers, if any, he would provide.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×