Postema and the Common Law Tradition

Lobban, Michael (2022) Postema and the Common Law Tradition. Ratio Juris, 35 (1). 71 - 91. ISSN 0952-1917

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Abstract

First published in 1986, Gerald Postema’s pathbreaking and influential Bentham and the Common Law Tradition offered a controversial interpretation of how Bentham sought to combine the certainty of a code with flexibility in adjudication. A second edition of the work came out in 2019, with a significant new Afterword in which Postema addresses some of the criticisms of his interpretation. This article revisits some of Postema’s arguments in the book, assesses the Afterword, and considers how his arguments might have been modified in view of other work he has done on the common law mind.

Item Type:	Article
Official URL:	https://onlinelibrary.wiley.com/journal/14679337
Additional Information:	© 2022 The Author
Divisions:	Law
Subjects:	K Law > K Law (General)
Date Deposited:	15 Mar 2022 12:06
Last Modified:	09 Nov 2024 17:03
URI:	http://eprints.lse.ac.uk/id/eprint/114360

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