Close
Enter your search into one or more of the boxes below:
You can refine your search by selecting from any of the options below:
Search
A Comment on the Commentaries and A Fragment on Government
Foyalty 495

A Comment on the Commentaries and A Fragment on Government (Hardback)

£172.50
£165.00
4%
Usually despatched within 3 weeks.

Synopsis

In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). In 'Comment on the Commentaries', on which Bentham began work in 1774, he exposes the fallacies which he claims to have detected in Blackstone, and criticizes the theory of the Common Law. He goes on to provide important reflections on the nature of law, and more particularly on the nature of customary and of

statute law, and on judicial interpretation.



A Fragment on Government, which was published in 1776, was detached from the 'Comment on the Commentaries'. Concentrating on a passage of five or six pages in which Blackstone discusses the origin of society and government, Bentham offers three main criticisms. First, he criticizes Blackstone's methodology for failing to distinguish between the role of the expositor and the role of the censor, and thereby confusing the question of what the law is with the question of what the law ought

to be. Second, he criticizes Blackstone's assumption that the theory of the social contract represents an adequate justification of the obligation to obey government. Third, he criticizes Blackstone's theory of sovereignty, which claims that in every state there must exist some absolute, undivided power,

whose commands are law. Bentham points to the existence of states where sovereign power is both divided and limited.



In these two works, published by OUP for the first time, Bentham outlines a number of themes which he goes on to develop in his later works: the principle of utility; the importance of a 'natural arrangement' for a legal system; the point at which resistance to government becomes justifiable; the exposition of legal terms; and much more.



The volume also contains Bentham's 'Preface' intended for, but not published in, the second edition of A Fragment on Government, which appeared in 1823. Having by this committed himself to political radicalism, Bentham uses this occasion to reflect on the text and the circumstances in which it was produced.



The text has been edited by H.L.A. Hart and J.H. Burns, whose reputations in their respective fields of legal theory and history of political thought are unsurpassed. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The texts are fully annotated with textual and historical notes, and the volume is completed with a detailed subject index, based on a methodology devised by Hart.

More books by J.H. Burns

More books by H.L.A Hart

More books by Philip Schofield

Leave Review

Delivery

Delivery Options

All delivery times quoted are the average, and cannot be guaranteed. These should be added to the availability message time, to determine when the goods will arrive. During checkout we will give you a cumulative estimated date for delivery.
 

Location 1st Book Each additional book Average Delivery Time
Free UK Standard Delivery on Orders Over £25 (2nd Class)     3-5 Days
UK Standard Delivery (2nd Class) £2.99 £0.00 3-5 Days
UK 1st Class Delivery £3.99 £0.00 1-2 Days
Click and Collect / 
Delivery to a Foyles Bookshop
Free Free From 2 hours - Individual item delivery times given at checkout
UK Courier* £7.95 £0.00 1 Working Day
Western Europe**Airmail £9.00 £1.00 7-8 Days
Rest of World Airmail £12.50 £1.00 7-10 Days

* For courier service please contact the Charing Cross Road store

** Includes Austria, Belgium, Denmark, France, Germany, Greece, Iceland, Irish Republic, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and Switzerland.

Click and Collect is available for all our shops; collection times will vary depending on availability of items. Individual despatch times for each item will be given at checkout.

Delivery Help & FAQs
 

A Year of Books Subscription Packages 

Delivery is free for the UK. Western Europe costs £60 for each 12 month subscription package purchased. For the Rest of the World the cost is £100 for each package purchased. All delivery costs are charged in advance at time of purchase. For more information please visit the A Year of Books page.
 

Returns Information

If you are not completely satisfied with your purchase*, you may return it to us in its original condition with in 30 days of receiving your delivery or collection notification email for a refund. Except for damaged items or delivery issues the cost of return postage is borne by the buyer. Your statutory rights are not affected.

* For Exclusions and terms on damaged or delivery issues see Returns Help & FAQs

You might also like

Road to Rose Street: A Friendship ...
(Hardback)
Alan Taylor
 
 
£12.99
 
A Quick Ting On The Black British...
(Hardback)
Chante Joseph
 
 
£9.99
 
Six Queens: The Wives of Henry VIII
(Hardback)
Suzannah Lipscomb
 
 
£16.99
 
© W&G Foyle Ltd
Foyles uses cookies to help ensure your experience on our site is the best possible. Click here if you’d like to find out more about the types of cookies we use.
Accept and Close