In this essay we compare Bentham’s theory with the two movements commonly labelled «Legal Realism»; American Legal Realism and Scandinavian Legal Realism. As is well known, it is still debated in which respects, if any, these two movements resemble each other. Recently, Torben Spaak has argued that the two movements share the same philosophical outlook, i.e., a commitment to naturalism. Following Spaak, we will try to show that Bentham’s philosophy is also committed to naturalism, so that, from this point of view, Bentham can also be considered a legal realist.
A Commitment to Naturalism. Bentham and the Legal Realists / F. Ferraro, F. Poggi - In: The Legal Philosophy and Influence of Jeremy Bentham / [a cura di] G. Tusseau. - New York : Routledge, 2014. - ISBN 9781138020573. - pp. 224-255 (( Intervento presentato al 1. convegno International Symposium Bentham’s Limits of the Penal Branch of Jurisprudence tenutosi a Paris nel 2011 [10.4324/9781315767871].
A Commitment to Naturalism. Bentham and the Legal Realists
F. FerraroPrimo
;F. PoggiUltimo
2014
Abstract
In this essay we compare Bentham’s theory with the two movements commonly labelled «Legal Realism»; American Legal Realism and Scandinavian Legal Realism. As is well known, it is still debated in which respects, if any, these two movements resemble each other. Recently, Torben Spaak has argued that the two movements share the same philosophical outlook, i.e., a commitment to naturalism. Following Spaak, we will try to show that Bentham’s philosophy is also committed to naturalism, so that, from this point of view, Bentham can also be considered a legal realist.
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