Research Handbook on Law and Utilitarianism
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Research Handbook on Law and Utilitarianism: (Research Handbooks in Legal Theory series)

Research Handbook on Law and Utilitarianism: (Research Handbooks in Legal Theory series)


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About the Book

The Research Handbook on Law and Utilitarianism sheds light on contemporary legal culture and the ways in which it interacts with theories of justice. Guillaume Tusseau brings together an interdisciplinary range of scholars to analyse the utilitarian standpoint on legal disciplines and legal governance, as well as the contribution of utilitarian arguments to legal debates. The Research Handbook addresses the practical contribution of utilitarian thinkers and politics on the development and reform of specific branches of law, including private, criminal, constitutional, administrative, procedural and human rights. Chapters also assess the importance of utilitarianism in emerging legal debates on topics such as LGBT rights, feminism, transhumanism, migration, public health and environmental law. Ultimately, the authors critically analyse the relevance of utilitarianism in contemporary legal culture, providing an intellectual and path-breaking strategy to debate legal governance and legal ideology. Addressing crucial jurisprudential controversies, this innovative Research Handbook is vital for students and scholars of legal philosophy, law and society, and political theory. It will also appeal to legal practitioners interested in the ethics of law, as well as specialists on deontological issues.

Table of Contents:
Contents 1 Introduction: Putting critical jurisprudence to task 1 Guillaume Tusseau PART I MAPPING THE LEGAL LANDSCAPE AND STRUCTURING LEGAL GOVERNANCE 2 Analytic jurisprudence 48 Pierluigi Chiassoni 3 A utilitarian theory of private law 67 Craig Purshouse 4 The rise of utilitarianism in criminal justice 82 Malcolm Thorburn 5 Jeremy Bentham, J.S. Mill, and the utilitarian constitution 97 Xiaobo Zhai 6 Bentham and administrative law 120 Thomas Perroud 7 Utilitarian legal procedures 134 Francesco Ferraro 8 Utilitarianism and the law of evidence 152 Olivier Leclerc 9 Utilitarian business ethics and company law 170 Andrew Gustafson 10 Jeremy Bentham and the genesis of law and economics: an alternative narrative 188 Dina I. Waked 11 Nudge and utilitarianism: a matter of preferences 206 Malik Bozzo-Rey 12 Bentham, Rawls and Sen on Law, Justice and Rights 225 Sterling Harwood and Don A. Habibi PART II UNSETTLING THE LEGAL LANDSCAPE AND DEBATING LEGAL GOVERNANCE 13 Utilitarianism and LGBT rights 240 Benoît Basse 14 Social order, cooperation, and the way out: a feminist reading of Jeremy Bentham, William Thompson and Anna Wheeler 257 Paola Rudan 15 Utilitarianism and reproductive rights 274 Sarah Conly 16 Utilitarianism and killing 287 Tatjana Višak 17 Health crises from a utilitarian perspective 302 Xavier Bioy 18 Medical ethics and utilitarianism 316 Alicia Dorothy Mornington and David Smadja 19 Transhumanism, politics, ethics and utilitarianism 332 Jean-Yves Goffi 20 A utilitarian approach to copyright law and generative artificial intelligence 349 Ryan Abbott and Elizabeth Rothman 21 Utilitarianism and panopticism 368 Anne Brunon-Ernst 22 Utilitarianism and religion 382 Jean-Pierre Cléro 23 Utilitarianism and migration 395 Isabella Luisa Mariani 24 Legal utilitarianism in environmental law: a critique of the critique 412 Clément Lacombe 25 Animal law through a utilitarian lens 428 Régis Bismuth 26 Fictions and legal ideology 444 Claire Wrobel

About the Author :
Edited by Guillaume Tusseau, Professor of Public Law, Sciences Po Law School, Member of the Institut Universitaire de France and of the Centre Bentham, France

Review :
‘This collection of essays discusses what utilitarianism may contribute to legal issues. The content is varied, covering topics as diverse as commerce, crime, migration, animal law, and AI. [...] This is a genuinely interesting work – especially the chapters on killing and healthcare, which feel incredibly topical.’ ‘Tusseau brings together new research from an international group of scholars on a wide range of legal, philosophical and ethical issues, ranging from legal theory through philosophy to political science and business ethics. Topics addressed using contrasting disciplinary perspectives extend from issues in legal theory proper, including intellectual property, to broader issues of urgent social concern including nudge theory, artificial intelligence, animal rights and reproductive rights. This book provides an excellent overview and assessment of current utilitarian thinking on issues central to the evaluation of public policy.’ ‘Like Bentham, Tusseau conceives of utilitarianism as a public philosophy aimed at social and political reform viewing law as its primary tool. This Handbook sets the standard for research in the nexus between utilitarianism, law, and contemporary public affairs. Its comprehensive scope of topics is addressed by skilled scholars.’ ‘This excellent volume offers a unique combination of theoretical and practical perspectives to shed light on utilitarianism's decisive and multifaceted influence on legal issues. It should be considered essential reading for anyone interested in legal theory and legal practice.’


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Product Details
  • ISBN-13: 9781789901719
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 244 mm
  • No of Pages: 486
  • Width: 169 mm
  • ISBN-10: 1789901715
  • Publisher Date: 29 Oct 2024
  • Binding: Hardback
  • Language: English
  • Series Title: Research Handbooks in Legal Theory series


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