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Jeremy Bentham's democratic liberal constitutionalism: Philip Schofield and Xiaobo Zhai (eds.): Bentham on democracy, courts, and codification. Cambridge: Cambridge University Press, 2022, 390 pp, $110.00 HB.

Authors :
Collins, Kristen R.
Source :
Metascience. Jul2023, Vol. 32 Issue 2, p211-214. 4p.
Publication Year :
2023

Abstract

Additionally, while Zhai does not compare Bentham with Hayek, Bentham's account of the importance of the division of power in English history resembles Hayek's. The execution exemplified the constitutional power possessed and expressed by the body of the people, which Bentham conceptualized as an informal institution called the Public Opinion Tribunal, which included people excluded from formal political rights, like women, children, and members of colonies (209; Bentham [1], 57-58, 123). When it comes to his arguments concerning the judicial system, Bentham argued for replacing the traditional jury with a "quasi-jury" that would not issue the judgment but assess the conduct of the judge (266-267). [Extracted from the article]

Details

Language :
English
ISSN :
08150796
Volume :
32
Issue :
2
Database :
Academic Search Index
Journal :
Metascience
Publication Type :
Academic Journal
Accession number :
164818224
Full Text :
https://doi.org/10.1007/s11016-023-00874-5