Bentham's Deontic Logic
TUSSEAU, Guillaume (ed.) (2014). The Legal Philosophy and Influence of Jeremy Bentham. Essays on Of the Limits of the Penal Branch of Jurisprudence. London: Routledge, pp. 71-80
12 Pages Posted: 17 Apr 2015
Date Written: August 4, 2011
Abstract
In this paper, I shall deal with Bentham’s deontic logic. Firstly, I shall present the main ideas on Bentham’s deontic logic and their interpretation. Secondly, Bentham’s theory on the relationship between rules and exceptions will be addressed. Finally, I shall consider the Benthamite account of the mechanism of derogation and its relationship with legal permissions. It is intended to show that Bentham’s ideas on deontic logic, the logic of legal defeasibility (the important role played by the mechanism of rule-exception in the law) and the logic of derogation represented very illuminating contributions to the theory of law.
Keywords: Jeremy Bentham, deontic logic, legal exceptions, legal permissions, derogation
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