J. H. Burns – författare

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.

This is a study of the ideology of monarchy in late medieval Europe. In the fifteenth and early sixteenth centuries, European monarchies faced a series of crises and conflicts, which gave rise to intense debate as to the nature and authority of monarchy in its various forms. From such debates and polemics emerged many of the ideas that were to sustain the later confrontation between `absolutism' and `constitutionalism'. In this book J. H. Burns examines the ideas generated by various `crises of monarchy' in France, England, the Spanish kingdoms, and what still claimed to be the `universal' monarchies of Empire and Papacy. This is a lucid and stimulating new exploration of a major topic in the history of political thought by one of its leading historians.

`Fear God, honour the king'. Sixteenth-century people were supposed to do both. But what was the king entitled to command? And what if he ordered one thing and God's law said another? In this fascinating and original study, James Burns examines these questions by focusing on a neglected area of study: the Scottish experience. Sixteenth-century Scots lived through intense political and religious conflict, which generated a substantial literature of political debate. This debate was of such an intensity that James VI, the first king to rule over Scotland and England, wrote his own book on the subject: The True Lawe of Free Monarchies Some of the substantial literature of political debate has long been recognized as important in the wider history of European political thought. Knox and Buchanan as exponents of 'resistance theory', Blackwood and Barclay as defenders of 'absolute' monarchy, have had that recognition. James VI uniquely expounding 'divine right' principles from the throne, has likewise had his place. More recently, the significance of the late-scholastic theory of John Mair has been increasingly acknowledged. This book, however, is the first attempt to bring together systematically these and less familiar elements in a rich and varied body of political thought. The Scottish response to monarchical government not only provides a microcosmic view of European thinking on the subject, it also contributes substantially to our understanding of the Scottish element in the new `British' polity which was emerging at the end of the period.

The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill.

This volume, first published in 1988, offers a comprehensive and authoritative account of the history of a complex and varied body of ideas over a period of more than a thousand years. A work of both synthesis and assessment, The Cambridge History of Medieval Political Thought presents the results of several decades of critical scholarship in the field, and reflects in its breadth of enquiry precisely that diversity of focus which characterised the medieval sense of the 'political', preoccupied with universality at some levels, and with almost minute particularity at others. Thus among the vital questions explored by the distinguished team of contributors are the nature of authority, of justice, of property; the problem of legitimacy, of allegiance, of resistance to the powers that be; the character and function of law, and the role of custom in sustaining a social structure. While the predominant emphasis of the volume is necessarily upon those ideas that developed within Latin Christendom, full weight is also given to the impact of Byzantine, Jewish, and Islamic thought, and the whole comprises a unique distillation of knowledge upon a multi-faceted screen.

This book, first published in 1992, presents a comprehensive scholarly account of the development of European political thinking through the Renaissance and the reformation to the 'scientific revolution' and political upheavals of the seventeenth century. It is written by a highly distinguished team of contributors.

This volume, first published in 1988, offers a comprehensive and authoritative account of the history of a complex and varied body of ideas over a period of more than a thousand years. A work of both synthesis and assessment, The Cambridge History of Medieval Political Thought presents the results of several decades of critical scholarship in the field, and reflects in its breadth of enquiry precisely that diversity of focus which characterised the medieval sense of the 'political', preoccupied with universality at some levels, and with almost minute particularity at others. Thus among the vital questions explored by the distinguished team of contributors are the nature of authority, of justice, of property; the problem of legitimacy, of allegiance, of resistance to the powers that be; the character and function of law, and the role of custom in sustaining a social structure. While the predominant emphasis of the volume is necessarily upon those ideas that developed within Latin Christendom, full weight is also given to the impact of Byzantine, Jewish, and Islamic thought, and the whole comprises a unique distillation of knowledge upon a multi-faceted screen.

Almost on the eve of the sixteenth-century Reformation, the long-running debate over the respective authority of popes and councils in the Catholic Church was vigorously resumed. In this collection the editors bring together the first English translation of four major contributions to that debate. In these texts, complex arguments derived from Scripture, theology, and canon law are deployed. The issues that emerge, however, prove to have a broader significance. What is foreshadowed here is the confrontation between 'absolutism' and 'constitutionalism' which was to be a dominant theme in the politics of early-modern Europe and beyond. Even on the threshold of the twenty-first century the concerns that underlie and animate the scholastic disputations in these pages retain their force. This 1997 volume includes introductory material which elucidates the context of the debate, as well as a comprehensive bibliography.

Almost on the eve of the sixteenth-century Reformation, the long-running debate over the respective authority of popes and councils in the Catholic Church was vigorously resumed. In this collection the editors bring together the first English translation of four major contributions to that debate. In these texts, complex arguments derived from Scripture, theology, and canon law are deployed. The issues that emerge, however, prove to have a broader significance. What is foreshadowed here is the confrontation between 'absolutism' and 'constitutionalism' which was to be a dominant theme in the politics of early-modern Europe and beyond. Even on the threshold of the twenty-first century the concerns that underlie and animate the scholastic disputations in these pages retain their force. This 1997 volume includes introductory material which elucidates the context of the debate, as well as a comprehensive bibliography.