| Status | 已發表Published |
| Bentham’s Natural Arrangement Versus Hart’s Morally Neutral Description | |
Zhai, X. 
| |
| 2012-02-01 | |
| Source Publication | Revue d’études Benthamiennes
 |
| ISSN | 1760-7507 |
| Pages | 1-19 |
| Abstract | In his statement of the nature of his own theory and his exposition of Bentham’s Universal Expository Jurisprudence (hereafter UEJ), Hart clearly considers Bentham’s UEJ as the same as his morally neutral description. My question in this paper is: is Hart’s interpretation correct? My conclusion is: Bentham’s UEJ is not any kind of Hartian ‘morally neutral description’. Bentham’s UEJ is utilitarian by telling in natural language all the interesting properties of real legal materials. ‘Neutral vocabulary’ is very important for Bentham’s UEJ, but it is by no means ‘the healthy centre’ of Bentham’s UEJ. This glorious title belongs to natural arrangement. If Hart were the archetype of legal positivism, and if neutral vocabulary or morally neutral description, as Hart believes, were the healthy centre of legal positivism, then Bentham is not a legal positivist. If Bentham, as conventionally interpreted, is the founder and prime exponent of the tradition of legal positivism, then this tradition cannot accept Hart and his contemporary followers. |
| Keyword | Bentham expository jurisprudence Hart legal positivism morally neutral description natural arrangement utility |
| URL | View the original |
| Language | 英語English |
| The Source to Article | PB_Publication |
| PUB ID | 38156 |
| Document Type | Journal article |
| Collection | DEPARTMENT OF GLOBAL LEGAL STUDIES |
| Corresponding Author | Zhai, X. |
| Recommended Citation GB/T 7714 | Zhai, X.. Bentham’s Natural Arrangement Versus Hart’s Morally Neutral Description[J]. Revue d’études Benthamiennes, 2012, 1-19. |
| APA | Zhai, X..(2012). Bentham’s Natural Arrangement Versus Hart’s Morally Neutral Description. Revue d’études Benthamiennes, 1-19. |
| MLA | Zhai, X.."Bentham’s Natural Arrangement Versus Hart’s Morally Neutral Description".Revue d’études Benthamiennes (2012):1-19. |
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