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Research Handbook on Law and Utilitarianism
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 current legal debates.
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Critical Acclaim
Contents
More Information
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 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.
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 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.
Critical Acclaim
‘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.’
– Michael Quinn, Catholic University of Lille, France
‘Like Bentham, Tusseau conceives of utilitarianism as a public philosophy aimed at social and political reform, viewing law as its primary tool. This Research 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.’
– Gerald J. Postema, Professor Emeritus, University of North Carolina at Chapel Hill, US
‘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.’
– Eric Millard, Paris Nanterre University, France
– Michael Quinn, Catholic University of Lille, France
‘Like Bentham, Tusseau conceives of utilitarianism as a public philosophy aimed at social and political reform, viewing law as its primary tool. This Research 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.’
– Gerald J. Postema, Professor Emeritus, University of North Carolina at Chapel Hill, US
‘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.’
– Eric Millard, Paris Nanterre University, France
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
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
