
Contents
-
-
-
-
A. Blackstone’s Law of Nations A. Blackstone’s Law of Nations
-
B. Bentham’s International Law B. Bentham’s International Law
-
C. Bentham, Austin, and the Law-like Quality of International Law C. Bentham, Austin, and the Law-like Quality of International Law
-
D. Bentham and the Ideal of International Law D. Bentham and the Ideal of International Law
-
E. The Law of Nations, International Law, and Transnational Law: The Uneasy Equivalence E. The Law of Nations, International Law, and Transnational Law: The Uneasy Equivalence
-
-
-
-
-
-
-
-
-
-
-
-
-
1 Blackstone and Bentham: The Law of Nations and International Law
Get access-
Published:February 2010
Cite
Abstract
English jurist, William Blackstone's Commentaries, published between 1765 and 1769, transmitted the common law's traditional perception of the law of nations to American lawyers who would declare national independence, structure a government, and lead a New Republic. English philosopher Jeremy Bentham, displeased with Blackstone's law of nations, fashioned a new and lasting term international law in 1789, notably also the first year of US Constitutional government, Washington's inaugural term as President, and the French Revolution. Although Americans happily conflate the two terms, they have long struggled to reconcile Blackstone's and Bentham's competing notions about the nature of the discipline, however it be named. This chapter begins with Blackstone's use and understanding of the traditional concept of the law of nations. It moves on to the creation of Bentham's new term, international law, then to Bentham's reconciliation of international law with his views about law in general, contrasting Bentham's perceptions with those of his disciple, John Austin. I0074 presents Bentham's notions about the possible role of international law in a universal and perpetual peace. Finally, the chapter offers an analysis of some of the implications of Bentham's posited and widely accepted equivalence of international law and the law of nations. By understanding the important differences between Blackstone's classical concept of the law of nations and Bentham's influential conception of international law, we put ourselves in a better position to comprehend and appraise some of the conflicts among subsequent American approaches to the discipline. The general aim is to help explain how Americans have gotten to where they are with this discipline.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 1 |
November 2022 | 4 |
December 2022 | 8 |
January 2023 | 6 |
February 2023 | 5 |
March 2023 | 1 |
April 2023 | 10 |
May 2023 | 9 |
July 2023 | 2 |
August 2023 | 6 |
September 2023 | 7 |
October 2023 | 6 |
November 2023 | 19 |
December 2023 | 11 |
January 2024 | 9 |
February 2024 | 6 |
March 2024 | 5 |
April 2024 | 8 |
May 2024 | 4 |
June 2024 | 1 |
July 2024 | 7 |
August 2024 | 12 |
September 2024 | 14 |
October 2024 | 14 |
November 2024 | 4 |
December 2024 | 13 |
January 2025 | 5 |
February 2025 | 2 |
March 2025 | 5 |
April 2025 | 1 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.