Revue d'études benthamiennes最新文献

{"title":"Bentham’s Universal Jurisprudence and Theory of Legal Transplant","authors":"Michihiro Kaino","doi":"10.4000/etudes-benthamiennes.10870","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10870","url":null,"abstract":"In her influential book of A Turn to Empire, J. Pitts argues that Bentham’s project was very different from later British liberal aspiration to civilize the backward countries. On the other hand, Pitts appears to struggle how to treat Bentham’s such description, for instance, of Islamic countries as a region of incurable barbarity and ignorance. I would like to argue that there was no such contradiction as suggested by Pitts in Bentham’s theory. I will firstly (in section 2) discuss Bentham’s 'Place and Time,' and show that, unlike Pitt’s interpretation, Bentham tried to change the religions, traditions and customs of non-Western countries, which are at odds with his principle of utility. However, this was based on Bentham’s conception of universal human nature. In section 3, I will examine Bentham’s enterprise of universal jurisprudence to elucidate Bentham’s conception of the universal human nature. I will then discuss that Bentham consistently tried to disseminate this conception around the civilized as well as non-civilized countries, which would make him a non-imperial theorist.","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tim Causer, Margot Finn, et Philip Schofield, dirs., Jeremy Bentham and Australia: Convicts, utility and empire","authors":"Emmanuelle de Champs","doi":"10.4000/etudes-benthamiennes.10968","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10968","url":null,"abstract":"","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055911","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adam Ferguson on Trade and Empire","authors":"Craig Smith","doi":"10.4000/etudes-benthamiennes.10850","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10850","url":null,"abstract":"Adam Ferguson (1723-1816) was a leading member of the Scottish Enlightenment. He is often considered to be more sceptical about commercial modernity than his friend Adam Smith. This paper examines Ferguson’s views on trade and empire with particular reference to the British North American Empire. By contrasting Ferguson’s analysis with that of Smith, it shows that, while Smith’s discussion sees an economic analysis drive his political recommendations, in the case of Adam Ferguson a political analysis predominates over economic concerns in his view on the dispute with the American colonists.","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Richard M. Hare, Le langage de la morale","authors":"Jean-Pierre Cléro","doi":"10.4000/etudes-benthamiennes.10963","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10963","url":null,"abstract":"","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Frederic Rogers, Oxford Movement Ecclesiology, and British Imperial Thought","authors":"L. M. Ratnapalan","doi":"10.4000/etudes-benthamiennes.10899","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10899","url":null,"abstract":"The article aims to show the value of taking ecclesiology – the theology of the church – into account in the study of British imperial ideology by describing how Anglican intra-ecclesiological debates shaped mid-nineteenth-century discourse about the British Empire. It highlights the impact of the Oxford Movement on the mind of the British colonial administrator Sir Frederic Rogers, Lord Blachford (1811-1889), by revealing the connections between his imperial thought and concepts arising from Tractarian ecclesiology. In particular, it argues that Rogers’ understanding of British colonial development builds on Tractarian ideas of balance and consistency. By retaining a sense of the importance of the historic connection with the colonies of settlement while respecting their right to be free, Rogers constituted the imperial relationship as a via media.","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bentham’s Search for ‘Effective Benevolence’ in Libya and Greece","authors":"Lorenzo Cello","doi":"10.4000/etudes-benthamiennes.10830","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10830","url":null,"abstract":"According to Bentham's utilitarian mode of reasoning, the legitimacy of an intervention was not to be valued on the grounds of the underlying intentions or the means employed, but rather in light of its (expected) consequences. What at first would seem as incoherent, arbitrary or ambivalent attitudes towards intervention were in fact consistent with his situational and pragmatic mode of reasoning. Rather than a disjuncture between ideal theory and practical reasoning, his positions on intervention reflected the inevitably local nature of his principled 'moral casuistry', characterised by the attempt to reconcile self-regarding interests with extra-regarding interests. The key to this move resided in Bentham's concept of 'effective benevolence'. The 'business of the Deontologist' - and the essence of his principled moral casuistry - was that of exposing the dictates of 'effective benevolence' wherever possible, and Bentham himself took up this challenge in his writings on Tripoli and Greece. Bentham's plans for legal reform in Tripoli are an apt illustration of the benefits he saw in constitutional government and representative democracy, while his unsent letters to Quincy Adams offer the best example of Bentham's attempt to marry the dictates of self-regarding prudence and other-regarding benevolence in a single argument for US military intervention in Tripoli.","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Sources of Wealth and Future of the Constitution in The Spirit of the Laws: The Implicit Contrast Between Eighteenth-Century England and t","authors":"Ryo Sadamori","doi":"10.4000/etudes-benthamiennes.10954","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10954","url":null,"abstract":"The most famous chapter of Montesquieu’s The Spirit of the Laws (1748), Book XI, Chapter 6, 'On the constitution of England,' was an important inspiration to the creators of modern constitutions, to which they often referred. However, as a result of scholarly focus on the political institutions discussed in this book, Montesquieu’s economic analysis has been woefully neglected. In order to correct this scholarly imbalance, this paper will elucidate the essential significance of Montesquieu’s comparison between the constitution of modern England and that of ancient Rome in Book XI of The Spirit of the Laws; inextricable relationship between military and political institutions on the one hand, and the transfer and distribution of wealth on the other. To argue this point, this paper will focus on Montesquieu’s other writings in the same year and shortly after the publication of The Spirit of the Laws: the revised edition in 1748 of The Considerations on the Causes of the Greatness of the Romans and their Decline (1734), for example, included substantial additions to the first edition, much of which was centered on the sources and distribution of wealth in ancient Rome. Secondly, an important letter to William Domville, a friend of Montesquieu in England, drafted in 1749 but never sent, contrasts the military despotism of late republican Rome with the freedom of 18th century England, attributing much of the differences to the two nations’ sources of wealth. By referring to these two writings, we can understand that unlike the political system of republican Rome, which was finally transformed into a military despotism, Montesquieu believes that the main reason why the English had been able to maintain their liberty and the rule of law resides in the way they acquired wealth. The source of the Romans' wealth was the plunder and taxation of conquered nations, and the resulting extreme inequality of wealth caused the collapse of their republican regime. The English, on the other hand, sought their sources of wealth in their proper industry and commerce, without recourse to military force, and by accumulating small profits over a long term, created a 'middle class' which became the bearers of both political freedom and the rule of law in the country. From the above analysis, this paper reveals the broader context in which Montesquieu’s views of political economy in The Spirit of the Laws, must be seen: i.e., the distribution of political power and the distribution of wealth are discussed as inseparable.","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Autour de l'éthique et la théorie des jeux","authors":"Jean-Pierre Cléro","doi":"10.4000/etudes-benthamiennes.10988","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10988","url":null,"abstract":"","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135054795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adam Smith's Colonial Thought on South America","authors":"Shinji Nohara","doi":"10.4000/etudes-benthamiennes.10881","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10881","url":null,"abstract":"More attention needs to be given to Adam Smith's view of South America. Although scholars have elucidated Smith's view of colonization, these studies have not fully clarified how Smith was influenced by the depiction of societies in South America from travel books. Though he read travel books on South America, Smith does not necessarily follow their original description of the societies found there. Instead, he sometimes distorted the original in consideration of the effects of colonization. To evaluate the impact of colonization, he supposed that societies in South America were not civilized, so colonized societies could be seen as part of the process of civilization. However, he did not belittle precolonial societies. He emphasized the moral quality of the so-called savage people. As I argue in this paper, he had at least two criteria in evaluating society. In addition to economic development, Smith also recognized moral degradation as part of social development. Smith evaluated societies according not only to their degree of economic growth but also to that of moral quality. While he saw civilization as prospering, he thought of it as morally degraded. Smith, as a moralist, was concerned about the moral consequences of civilization. Its processes for Smith denote both progress and degradation.","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction: The Law of Nations and the Intellectual History of Empires","authors":"Hiroki Ueno","doi":"10.4000/etudes-benthamiennes.10990","DOIUrl":"https://doi.org/10.4000/etudes-benthamiennes.10990","url":null,"abstract":"This special issue of the Revue d’études benthamiennes, entitled the 'International and Colonial Thought of the British Empire', aims to broaden recent debates on global intellectual history and imperial history. While this subject has been extensively studied in current scholarship, the issue attempts to approach several relatively under-examined figures, including Adam Ferguson, Josiah Tucker, and Frederic Rogers, as well as classical thinkers such as Jeremy Bentham and Adam Smith, from new perspectives. In this Introduction, we describe a pan-European intellectual setting wherein these thinkers’ international and imperial thought should partly be situated, with a focus on the idea of international law, cosmopolitanism, and colonialism.","PeriodicalId":471246,"journal":{"name":"Revue d'études benthamiennes","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055319","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}