벤담의 법개념과 입법론에 대한 소고

• 영문명: The Study on the Concept of Law and the Theory Legislation
• 발행기관: 세계헌법학회 한국학회
• 저자명: 이상영(Lee Sang Young)
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第13卷 第2號, 149~194쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.01

영문 초록

  In this paper, I introduce the concept of law and the theory of legislation of Bentham along with his intellectual history, and propose that he has the right to deserve well of the frontier in the modern jurisprudence and the modern legislative argumentation. Bentham established a utilitarian movement and he did more than any other early utilitarian to elaborate their creed into a general theory of very wide application. Over an extraordinarily productive career of more than 60 years, he pushed his principle of utility th every corner of social life, especially in Jurisprudence and the legislative theory.
  Bentham wrote steadily and feverishly on an extremely wide range of politics, economics, religion, law and philosophy from the early 1770s until his death in 1832. However, much of this work was not published during his lifetime and still remains un published. Thus, much of Bentham"s most important and revolutionary work, especially in the philosophy of law and theory of legislation, was not generally available until the twentieth century. Moreover in Korea the thought and works of Bentham were little introduced and interpreted by this time. Thus, in Korea, studies, interpretation, and argumentation of Bentham"s thought were kept unexplored and left on a unaccessible thing. This paper has a small hope that through this paper academic explorer might have a map to be able to enter in huge and complex labyrinthine world of Bentham.

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ABSTRACT

키워드

제레미 벤담 공리성 법 개념 입법 사회생활 Jeremy Bentham utility concept of law Legislation social life