Tukalov Vladislav Leonidovich (post-graduate student, Perm State University)
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Understanding legal sovereignty, i.e. legislatively fixed power, as sovereignty J. Bentham also used this concept concerning the power of people for restriction or control of the state and state officials, speaking about political or people's sovereignty. Bentham’s theory of the state sovereignty has been developed into the theory of sovereignty of law. Thus, the legal or standard theory of the state sovereignty was identical to theory of sovereignty of the state and legal institutes, and law. At the same time, the state in standard sense had sovereignty only in degree of a sovereignty of the law personifying this sovereignty. The international legal understanding of Bentham’s sovereignty projected on the current development of the European integration shows theoretical adequacy of the "true" European integrative idea.
Development of problems of sovereignty of the people (their will to disobedience) which in a peace form came down to continuous constitutional checking (monitoring) of the power of the sovereign became a valuable contribution of J. Bentham. In this sense "submission and obedience to the people" (people's sovereignty) acts as "the constitutional reason" of sovereignty. J. Bentham, trying to prove harmonious system of laws based on the principle of usefulness was beyond purely command model of the right, then his followers have brought this model to logical completeness, applied to the conditions of Modern times. Bentham's works in the sphere of sovereignty are urgent and today.
Keywords:sovereignty, Jeremiah Bentham, legal philosophy, utilitarianism, international law, happiness.
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Citation link:
Tukalov V. L. The concept of sovereignty in Benthamism // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2018. -№04. -С. 177-180 |
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