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Showing 11 to 15 of 15 (0.02 seconds)Spelling suggestions: "subject:"[een] JEREMY BENTHAM"" "subject:"[enn] JEREMY BENTHAM""
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Surveillance in Nineteen Eighty-Four : The Dismantling of Privacy in Oceania / Övervakning i 1984 : Nedmonteringen av privatliv i OceaniaBerggren, Amalia January 2016 (has links)
The purpose of this essay is to analyze how certain elements of panopticism manage to dismantle the notion of privacy in George Orwell’s novel Nineteen Eighty-Four. By reading the text through a lens of panopticism, a theory introduced by Jeremy Bentham, I give examples on how the surveillance methods used by the Party share similarities with the system of surveillance within a Panoptic prison, but also in what ways that they differ. In the end, it is obvious that the society of Oceania cannot be considered to be a complete Panopticon, although several elements of panopticism are present within the text and that they dismantle the aspect of privacy in the novel.
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The Economic Analysis of Law on current Adultery : the Legislative Protection Model of Family Right in the ConstitutionLi, I-Chun 15 June 2011 (has links)
The existence or abolishment of adultery has been a dispute in academic circles for a long time. Though, it is permissible under the Constitution, according to the Constitutional Interpretation 554. However, many domestic law scholars and feminists argue that adultery should allow to be decriminalized from the perspectives of proportional principle, balance of criminal law¡¦s interest and comparative legal institution.
This dissertation analyses the crime of adultery in current days via a newly emerging research approach, namely legal economics. To begin with, I clarify and confirm the legal interests in which marriage and family institutions are involved, that is to say the right of family, whom the crime of adultery in criminal law protects. Taking them as a analysis benchmark, and apply them to be the criterion on the assessment of crime of adultery thereafter. Then, use the concepts of demand, cost and benefit as tools, analyze the feasors and victim of adultery comparatively on the basis of the practice of current prosecution and judgement. The analysis shows that the norms of current crime of adultery couldn¡¦t objectively prevent it from happening. Moreover, it is a burden for the victim wife to start a lawsuit. The advantages obtained from criminal lawsuit could simply be retrieved from claim right in civil code. Besides, lawsuit started by victim wife always lead to family disharmony which at the same time contradicts the benefit of family right entitled by the crime itself. It infers that the crime of adultery should be discriminalized. During the research process, I also analyze the philosophical essence and theory of legal economics, which affirm the legitimate application of economics on law research.
Will it lack protection on marriage and family institution after crime of adultery being discriminalized? The article considers this in a view of basic rights protection in the Constitution. How could we fullfil the protection through the law of a lower-level after the crime of adultery being recognized as the protection of family right, which at the same time the basic right the Constitution protects? After summarizing perspectives of theory and practice could be divided to the one that involves the conclusion of marriage, the termination of freedom and monogamy as a narrow interpretation of family right, and nurturing teenagers and protecting family members as broad interpretation on the other. Thus, the way of legalization should be different due to the distinction of broad and narrow family right. As to the narrow family right, it should focus on protection of the right of freedom. In addition, according to the rigidity of criminal law, especially being reviewed by proportional principle, there should be no need to limit the execution of freedom right, when it involves adultery, a stronger behavior in ethical level. Therefore, the existence of crime of adultery is unnecessary. There is a necessity that the Constitution Interpretation 554 needs to be reviewed. However, as far as the broad interpretation of family right is concerned, the criminal law couldn¡¦t force people to accomplish certain do¡¦s and don¡¦ts if it makes great damages to human dignity or jeopardizes the continuity of personality and family.
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Benthamite reviewing the first twelve years of the Westminster review, 1824-1836,Nesbitt, George Lyman, January 1900 (has links)
Originally presented as the author's thesis, Columbia University, 1934. / "Identification of authorship": p. [177]-183. "Notes": p. [185]-195. Bibliography: p. [197]-201.
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Jeremy Bentham: como medir os prazeres e as dores cálculo da felicidadeOtaviani, Márcia Cristina 20 May 2008 (has links)
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Previous issue date: 2008-05-20 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / Jeremy Bentham (1748-1832) was na English philosopher who wrote about how human actions should be treated.
He believed only two sovereign masters should govern us all. Pleasure and pain should tell us what is right and what is wrong.
Bentham thought that every man seeks actions to maximize pleasure and diminish pain.
The author believed that human actions could be treated in a scientific fashion. To his objective, he proposed a moral science and, as a criteria to measure the masters which manage human actions Bentham developed a theory to quantify pleasure and pain.
Such calculus will be presented in this paper in a manner to verify its characteristics. Hereby, we will demonstrate how science and art were understood by the author, as well as, his thoughts regarding logic, language and how knowledge has been perceived by man / Jeremy Bentham (1748-1832) foi um filósofo inglês que viveu durante os séculos XVIII e XIX e escreveu sobre como as ações humanas deveriam ser tratadas. Ele acreditava que somente duas forças deveriam dizer o que devemos ou não fazer. Essas forças, segundo o autor eram: o prazer e a dor.
Todo homem, para Bentham, busca ações que maximizem o prazer ou diminuam a dor.
O autor acreditava que as ações humanas podiam ser tratadas de maneira cientifica. Para alcançar tal objetivo ele propôs uma ciência da moral e, como critério para medir as forças que governam as ações humanas, Bentham desenvolveu um modo de mensurar o prazer e a dor.
Iremos nesse trabalho expor como o autor propôs tal cálculo, buscando verificar quais eram suas características. Para isso, faremos uma apresentação de como o autor entendia ciência e arte e das suas idéias acerca da lógica, da linguagem e de como o autor acreditava que o conhecimento seria adquirido pelo homem
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A Pragmatic Standard of Legal ValidityTyler, John 2012 May 1900 (has links)
American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law.
These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism.
In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method.
This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior.
The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent.
The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will.
Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil.
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