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This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

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CHOICE Review

Postema's book on Bentham should become a standard in the literature on utilitarian and positivistic jurisprudence. This work will appeal to a wide academic audience, as its focus is historical and expository; indeed, Postema informs us that the critical and philosophical piece, for which this book is a prelude, will follow. The book is divided into three parts. Part 1 defines the nature, scope, and theory of common law, and closes with an analysis of Hume's theory of justice and law. Hume, as Postema notes, is critical to understanding the theoretical backdrop against which Bentham is operating. Part 2 examines Bentham's critique of common law, and ends with a challenging defense of Bentham's efforts to fuse utilitarianism and positivism. Part 3 examines Bentham's general theory of law, which includes an analysis of a theory of laws and a theory of adjudication. Postema's presentation is clear, objective, coherent, and exciting. He dutifully notes differences of interpretation with other scholars, leaving the reader to judge the merits of argumentation. Anyone interested in Bentham, legal theory, utilitarianism and social policy, or the common law tradition should read this book. Footnotes, bibliography, and index are excellent. Highly recommended. Upper-division and graduate students.-M.A. Foley, Marywood College