Book contents
- Bentham on Democracy, Courts, and Codification
- Bentham on Democracy, Courts, and Codification
- Copyright page
- Contents
- Contributors
- Introduction
- Part I Democracy
- Part II Law and the Courts
- 8 Between Constructivism and Immanentism
- 9 A Genius for Legislation
- 10 Indirect Legislation in Bentham’s Late Constitutional Writings
- 11 Bentham, Courts, and Democracy
- Part III Codification
- Bibliography
- Index
10 - Indirect Legislation in Bentham’s Late Constitutional Writings
from Part II - Law and the Courts
Published online by Cambridge University Press: 25 August 2022
Book contents
- Bentham on Democracy, Courts, and Codification
- Bentham on Democracy, Courts, and Codification
- Copyright page
- Contents
- Contributors
- Introduction
- Part I Democracy
- Part II Law and the Courts
- 8 Between Constructivism and Immanentism
- 9 A Genius for Legislation
- 10 Indirect Legislation in Bentham’s Late Constitutional Writings
- 11 Bentham, Courts, and Democracy
- Part III Codification
- Bibliography
- Index
Summary
This chapter2 is one of the first attempts to investigate the use of indirect legislation in Bentham’s later constitutional writings. However, the epigraph serves as a disclaimer. Bentham acknowledges that his divisions into three categories (civil, penal, and constitutional) might not be as watertight as other parts of his theory.3 This is a reminder that the explorations of indirect constitutional law presented in the present chapter need to be handled with critical caution as the mechanisms labelled ‘indirect’ might have shifting boundaries.
- Type
- Chapter
- Information
- Bentham on Democracy, Courts, and Codification , pp. 237 - 257Publisher: Cambridge University PressPrint publication year: 2022