LEADER 05068nam 22006731 450 001 9910824132203321 005 20050112114115.0 010 $a1-4725-6220-8 010 $a1-280-80761-X 010 $a9786610807611 010 $a1-84731-016-8 024 7 $a10.5040/9781472562203 035 $a(CKB)1000000000338593 035 $a(EBL)270687 035 $a(OCoLC)476004770 035 $a(SSID)ssj0000129205 035 $a(PQKBManifestationID)12035593 035 $a(PQKBTitleCode)TC0000129205 035 $a(PQKBWorkID)10079042 035 $a(PQKB)10941666 035 $a(Au-PeEL)EBL1750683 035 $a(CaPaEBR)ebr10275966 035 $a(CaONFJC)MIL80761 035 $a(OCoLC)893331473 035 $a(OCoLC)1057389946 035 $a(UtOrBLW)bpp09256501 035 $a(Au-PeEL)EBL270687 035 $a(OCoLC)216930983 035 $a(MiAaPQ)EBC1750683 035 $a(EXLCZ)991000000000338593 100 $a20140929d2000 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aConstitutional limits and the public sphere $ea critical study of Bentham's contitutionalism /$fOren Ben-Dor 205 $a1st ed. 210 1$aOxford ;$aPortland, Oregon :$cHart Publishing,$d2000. 215 $a1 online resource (350 p.) 300 $aDescription based upon print version of record. 311 $a9781841131113 311 $a1-84113-111-3 320 $aIncludes bibliographical references (pages [313]-325) and index. 327 $aChapter 1. Introduction -- Part 1. A Reconstruction of Bentham's Constitutionalism. Chapter 2. Sovereignty and the Nature of the Normativity of Law ; Chapter 3. The Relativity and Plurality of Sovereignty ; Chapter 4. The Role of the People in determining Constitutional Limits I ; Chapter 5. The Role of the People in determining Constitutional Limits II ; Chapter 6. The Public Opinion Tribunal - an Analysis of Consensus Formation and the Evolution of Communities -- Part 2. Utility, Indeterminacy and Harm. Chapter 7. The Dynamic Connection between Ethics and Politics ; Chapter 8. Contemporary Attempts to Bridge the Gap between Ethics and Politics. 330 $a"The place of utility as a critical theory of human existence has been largely discredited and its potential undermined in the course of modern debates in ethical, political and legal theory. The central intuition that guides the argument of this book is that both the technical and reductionist methodology associated with utilitarianism do not do justice to the theory which identifies the maximisation of pleasure as the most fundamental self-interest of man. Enlarging upon this intuition, the book is mainly concerned with critical constitutionalism. Based on a close reading of Bentham's unpublished and recently published texts, the argument in the first part shows that a critical analysis of constitutionally limited government formed a central theme of Bentham's utilitarian enterprise. The theme of the author's reconstruction is that, for Bentham, constitutional limits signified socially dynamic relationships within the public sphere and between this sphere and a centralised coercive authority. Because this relationship is socially dynamic, the ever-changing communal-based conception of harm constantly transforms the relationship between law and the community which it governs. This feature reappears in many layers of Bentham's thought, such as his theory of sovereignty, the duty to obey the law, and the motivational basis for forming and transforming a conception of harm within the public sphere. Even the most revisionist of Bentham scholars fail to capture this central unifying theme in Bentham's writings. The second part of the book further develops this reconstruction. It argues that an underdeveloped insight of critical importance characterised Bentham's utilitarianism. This insight helps to elucidate the transient and dynamic connection of ethics to politics. In critically reviewing five contemporary accounts of this connection, utility is shown to have closer affinities with communitarianism. However as a critical theory, utility has more in common with the Habermasian notion of communication and inter-subjectivity than with Humean conventionalism. The utilitarian critic is in a position to transcend not only the simple hedonism with which utilitarianism has always been associated, but also the historically-ridden perspectives which potentially dogmatise the range of human possibilities under a received conception of harm."--Bloomsbury Publishing. 606 $aConstitutional law$xPhilosophy 606 $aUtilitarianism 606 $2Jurisprudence & philosophy of law 615 0$aConstitutional law$xPhilosophy. 615 0$aUtilitarianism. 676 $a342/.001 700 $aBen-Dor$b Oren$01611380 801 0$bUtOrBLW 801 1$bUtOrBLW 906 $aBOOK 912 $a9910824132203321 996 $aConstitutional limits and the public sphere$94064718 997 $aUNINA