‘Prevention of evil, production of good’: Jeremy Bentham’s indirect legislation and its contribution to a new theory of prevention

History of European Ideas 43 (1):83-105 (2017)
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Abstract

ABSTRACTThis paper critically analyses current depictions of prevention and tries to offer a new theoretical reflection on the concept by reconstructing it on the basis of Jeremy Bentham’s writings on indirect legislation. It is my aim not only to explore Bentham’s concept of indirect legislation as an outstanding example of enlightened social/public policy, but also to show to what extent his thoughts might be a fruitful contribution to a necessary reconceptualization of current conceptions of prevention, which are heavily criticized by many scholars.

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Angela Marciniak
Universität Lüneburg

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References found in this work

A Fragment on Government.Jeremy Bentham - 1891 - Union, N.J.: Lawbook Exchange. Edited by F. C. Montague.
Nudges, Agency, and Abstraction: A Reply to Critics.Cass R. Sunstein - 2015 - Review of Philosophy and Psychology 6 (3):511-529.
The precautionary principle: A dialectical reconsideration.H. Tristram Engelhardt & Fabrice Jotterand - 2004 - Journal of Medicine and Philosophy 29 (3):301 – 312.
Preparatory Principles.Jeremy Bentham (ed.) - 2016 - Oxford: Oxford University Press UK.

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