The Influence of Bentham in the Civil Codification History of Portugal via Cardoso da Costa This article aims to examine how Jeremy Bentham played a role in the important historical turning point of Portuguese civil codification. In the late18th century, riding the wave of the Age of Enlightenment, the movement of ‘de-romanization’ in Portuguese law finally denied the absolute authority of Roman law. Therefore, the Portuguese codification movement promoted by the Portuguese Liberals was in urgent need of new rational support. At this time, the legislative theory of Jeremy Bentham, who had long been well-known among liberal jurists and had even recommended himself to the new Portuguese political power many times, became an option. Under the scrutiny of Cardoso da Costa, a Portuguese liberal jurist, Bentham’s doctrine became the starting point for reflection. Some of Bentham’s thoughts were accepted while some were abandoned. His reflection on Bentham’s legislative theory touched on many fundamental ideas of his legislative system, including Utilitarianism, ‘natural order’, justice, basic categories of a code, shortcomings of the Roman legal system, and relationship between Civil Code and Criminal Code. This resulted in a Portuguese Civil Code so unique that any similar legislation could not be found among the first batch of codes in the European codification movement.

The Influence of Bentham in the Civil Codification History of Portugal via Cardoso da Costa

17.07.2025 07:27 — 👍 0    🔁 0    💬 0    📌 0

Law and Philosophy Law and Philosophy serves as a forum for the publication of work in law and philosophy that is of common interest to individuals in the disciplines of ...

link.springer.com/journal/1098...

16.07.2025 05:52 — 👍 0    🔁 0    💬 0    📌 0

A conversation between Joseph Raz, Deng Zhenglai, and Zhu Zhen: fll.um.edu.mo/wp-content/u...

25.06.2025 07:42 — 👍 3    🔁 0    💬 0    📌 0

Bentham on Laws in principem, Judicial Review, and the Public Opinion Tribunal: A Critique of Hart’s and Postema’s Criticisms - Law and Philosophy Hart thinks that Bentham believes that judicial review achieves legally limited sovereignty, but he argues that Bentham fails to account for it. He criticises that Bentham’s discussion of laws in prin...

Now available: Xiaobo Zhai's article, 'Bentham on Laws in principem, Judicial Review, and the Public Opinion Tribunal: A Critique of Hart’s and Postema’s Criticisms', in Law and Philosophy. 🎉📝

link.springer.com/article/10.1...

For the other part of his study, please visit doi.org/10.1017/S095....

19.05.2025 11:49 — 👍 1    🔁 1    💬 1    📌 0

Thank you, Chris. 🙏

19.05.2025 12:00 — 👍 1    🔁 0    💬 0    📌 0

Now available in Utilitas: 📝👇

Xiaobo Zhai, 'Bentham’s Laws in Principem and his Command Theory: a Critique of Hart’s Criticisms'.

shorturl.at/YDrX1 (doi:10.1017/S0953820825000081)

18.04.2025 10:48 — 👍 1    🔁 2    💬 0    📌 0