边沁的法学家身份辨析

An Investigation and Argumentation of Jeremy Bentham' Status of Jurist

在英语界边沁是第一个对功利主义与法律实证主义进行了详细的阐释和辩护,并将这两个纲领精密的结合在一起,他是英格兰历史上第一个对法律进行理论思辩的法学家,是分析实证主义法学鼻祖。此外,在边沁的整个身份体系中,其法学家地位仅次于其社会改革家的地位。

This thesis gives a comparison and an argumentation about Bentham＇ s achievement in jurisprudence and his achievements in other fields , thereby locating his status of being jurist among the whole of himself and confirming his position as the originator of analytical legal positivism ; and goes on to gives an argumentation about Bentham＇ s influence and his position in the whole of the history of jurisprudence until now and a cautious confirmation of his position as the greatest legal philosopher.