From Bentham to Kanger
In the analytical tradition established by Jeremy Bentham and John Austin, and continued in the twentieth century by W. N. Hohfeld and others, much attention has been given to legal concepts which are common to different systems of law and different parts of individual systems. For Bentham, the explication of such concepts fell within what he called universal jurisprudence (1970a, p. 294), and Austin adopted a similar term, general jurisprudence, understanding by it “the science concerned with the exposition of the principles, notions, and distinctions which are common to systems of law” (1863, III, p. 351). Hohfeld’s best known work, Some Fundamental Legal Conceptions as Applied in Judicial Reasoning, considers “as of chief concern, the basic conceptions of the law—the legal elements that enter into all types of jural interests” (1923, p. 27).
KeywordsBasic Type Atomic Type Simple Type Deontic Logic Legal Position
Unable to display preview. Download preview PDF.