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The “Real” Bentham : Naturalism in Bentham and the Legal Realists

Authors: F. Ferraro; F. Poggi;

The “Real” Bentham : Naturalism in Bentham and the Legal Realists

Abstract

In this essay we compare Bentham’s theory with the two movements commonly labelled «Legal Realism»; American Legal Realism and Scandinavian Legal Realism. We claim that Bentham shares with both Scandinavian and American Legal Realists a commitment to ontological, semantic and methodological naturalism. This means that for him, as for the Legal Realists, 1) there is one and only one «natural» spatio-temporal framework; 2) all meaningful legal concepts must be directly analyzable in empirical terms or must be understood as functions referring to empirical phenomena; 3) the methods of jurisprudence must be continuous with those of natural sciences. The differences between Bentham and the Legal Realists are mainly due to the former’s attempt to redefine legal concepts in order to make utilitarian legal reform, and most of all codification of law, possible.

Country
Italy
Related Organizations
Keywords

Bentham ; Legal Realism ; Naturalism ; Legal Science

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
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