Jeremy Bentham was an English philosopher of the 18th century. He founded the branch of the utilitarian philosophy. His main work is Introduction to Principles of Morals and Legislation. His aim is to found a philosophy which ensures a maximum happiness for maximum people. According to Bentham, individuals view their interests accordingly to pleasure and pain.
The simple pleasures of the eye; independent of association. Health is the absence of pleaeure, and consequently of all those kinds of pain which Benthem pain pleasure pleassure the symptoms of disease. Bentham recognised that neither the individual nor the legislator could strictly follow the process he described. Victorian Minds. This allows both for an objective determination of an activity or state and for a comparison with others. These essays attacked waste and corruption in government and were later reissued, with other previously published essays, in Official Aptitude Maximized, Expense Minimizedthe overall aim of which was to optimize the Benthem pain pleasure of public Closeted gay man while reducing government expenditure. Southwood Smith's experimental efforts at mummification, based on practices of the indigenous people of New Zealand ppeasure involving placing the head under an air pump over sulfuric acid and drawing off the fluids, although technically successful, left the head looking distastefully macabre, with dried and darkened skin stretched tautly over the skull.
Free game hentai play. Academic Tools
Bentham explains Law professor Benthem pain pleasure Dershowitz has quoted Bentham to argue that torture should sometimes be permitted. At best, such a "right" may tell Models perfer what we ought to do; it cannot serve as a legal restriction on what we can or cannot do. All for Nothing: Hamlet's Negativity. Schofield provides an overview of some new directions in Bentham studies, including in the arts and literary studies. Twining, William He wrote in The Principles paih Morals and Legislation :. Fecundity: What is the probability that the pleasure will lead to other pleasures 6. Bentham did not object to medical experiments on animals, providing that the experiments had in mind a particular goal of benefit to humanity, and had Benthem pain pleasure reasonable chance of achieving that goal. He returned briefly to Oxford in —64 to attend lectures given Enemas inflation William Blackstone, the first Vinerian Professor of English Law, which were published in four celebrated volumes as Commentaries on the Laws of England — For Bentham, morals and legislation can be described scientifically, but such a description requires an pani of human nature. This philosophy of utilitarianism took for its "fundamental axiom", it is the greatest happiness of the greatest number that is the measure of right Benthem pain pleasure wrong ".
The design, in pursuance of which they were written, was not so extensive as that announced by the present title.
- Jeremy Bentham was an English philosopher and political radical.
- Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong.
- Thats another one to add to my reading list.
- How we change what others think, feel, believe and do.
- Jeremy Bentham, jurist and political reformer, is the philosopher whose name is most closely associated with the foundational era of the modern utilitarian tradition.
Jeremy Bentham was an English philosopher of the 18th century. He founded the branch of the utilitarian philosophy. His main work is Introduction to Principles of Morals and Legislation. His aim is to found a philosophy which ensures a maximum happiness for maximum people.
According to Bentham, individuals view their interests accordingly to pleasure and pain. Indded, individuals are making an hedonistic calculus. Every action has negative and positive effects, so individuals are looking to achieve those who bring the most happiness. Of course the philosophers who share this vision of the utilitarian philosophy, some have a very different opinion on how best to achieve it politically.
In the words of Aristotle, it is commonly accepted that happiness is the goal, but the disagreement is considerable, as to what constitutes happiness. For Bentham the answer is simple: happiness is just fun and no pain. The purpose of morality is to promote the good happiness of society.
A moral principle is ideal if and only if it complies maximize universal happiness good company. The principle of utility is the moral ideal. On the one hand the standard of right and wrong, on the chain of the Other causes and effects, are fastened to Their throne. Theys Govern us in all we do, in all we say, in all we think: every effort we make to throw off Can our subjection, Will Demonstrate to serve purpose and confirm it. The Principles of utility Recognise this subjection, and covered any of it for the foundation That system, the object of Which is to rear the fabric of felicity by the hands of reason and of law.
Use of this chapter. Circumstances to Be taken Into account in the Estimating the value of a pleasure or bread Considered with references to a single person, by and for itself. Its purity, or the chance of it HAS not Being Followed by feelings of opposite kind: that is: bread, if it be a pleasure, pleasures, if it be a pain.
Two last thesis, however, are in strictness scarcely to Be Deemed and properties of the pleasure or the pain Itself, They Are not, Therefore, in strictness to Be taken Into the account of the value of gold That pleasure That bread.
They Are Deemed to Be in strictness only in properties of the act, event or Other, by Which Such pleasure or Produced bread has-been, and accordingly are only to Be taken Into the account of the Tendency of Such Such act or event.
Where laissez-faire does not produce the best result, however, the legislator must act in other direct and indirect ways to produce the optimal outcome. Get custom essay sample written according to your requirements. London: sold by R. As the hedonic calculus shows "expectation utilities" to be much higher than natural ones, it follows that Bentham does not favour the sacrifice of a few to the benefit of the many. Farnham: Ashgate. Draper, T. Kelly, P.
Benthem pain pleasure. Academic Tools
In the last four months my experience with pain has been problematic. Neuropathic pain is difficult to manage and poorly understood. My threshold for pain is exceptionally high--a physical trait that came in handy as a morbidly sick kid and a paralyzed adult. I am quite capable of putting the pain I experience out of my mind on a daily basis. If I concentrate on something intellectually stimulating during the work day I can work effectively. The key here is to be active physically or intellectually at every moment.
The problem arises when the work day is over and I am physically and intellectually spent. This is when I struggle. I have had some very long nights in recent months. For me the pain is largely in my hips and feels like an unrelenting burning sensation. Usually I can fall asleep but am woken by the pain between 2am and 3am. Sleep after pain wakes me up is elusive. There is no doubt I am very lucky. Many people with neuropathic pain truly suffer.
No medications I am aware truly eliminate neuropathic pain. Clouding the mind with narcotics is out of the question. THC found in recreational marijuana provides some relief but I do not like the high associated with it. Cardiologists frown upon alcohol so I drink in strict moderation. No more rum and coke for me. CBD oil and creams are something I have started to explore. None have been effective to date. In short, pain relief is illusive. Middle of the night pain sucks.
Again, I am lucky. I rest and read. Lately I have been reading on my phone. There is an amazing amount of high quality classic scholarship readily available. Lately I have been reading work by Jeremy Bentham. In all these areas he made major contributions that continue to feature in discussions of utilitarianism, notably its moral, legal, economic and political forms. Jeremy Bentham was born on 15 February and died on 6 June in London. He was the elder son of an attorney, Jeremiah Bentham —92 and his first wife, Alicia Whitehorn d.
He viewed the Oxbridge colleges as seats of privilege, prejudice and idleness, and his Oxford experience left him with a deep distrust of oaths and sparked a general antipathy toward the Anglican establishment , 35— There he heard cases argued before Lord Mansfield, including the proceedings against the radical journalist and politician John Wilkes. He returned briefly to Oxford in —64 to attend lectures given by William Blackstone, the first Vinerian Professor of English Law, which were published in four celebrated volumes as Commentaries on the Laws of England — Bentham was called to the Bar in , but his legal career lasted only one brief.
Bentham launched his career as a legal theorist in with the anonymously published A Fragment on Government. This slim volume is an offshoot of a larger critique of Blackstone that was not published until the twentieth century, and is now known as A Comment on the Commentaries. Bentham would give these basic postulates exposition, argumentative support, and further refinement in the decades following, but it was the operationalization of the utility principle that absorbed most of his energy and time during a long and highly productive working life.
The first two volumes on civil and penal law were later re-translated into English by the American utilitarian Richard Hildreth and published as The Theory of Legislation , a text that remained at the centre of utilitarian studies in the English-speaking world through to the middle of the twentieth century.
The volume later received high praise from J. It received its widest audience in America, where it was reprinted on many occasions and frequently cited in the debates over the usury laws. Upon his return from Russia, Bentham was encouraged by Shelburne to turn his attentions to foreign policy and international law.
He drafted short papers on several topics that were later published under the general title Principles of International Law. The political upheaval in France provided Bentham with an opportunity to put certain of his ideas into practice and also the context in which he first developed the utilitarian logic of democracy based on the identification of interests between the ruler and the ruled.
He nevertheless stopped short of publicly advocating parliamentary reform in Britain and at this stage was very far from the republicanism he adopted in later life Dinwiddy ; Crimmins ; Schofield Over the years he devoted considerable sums of his own money to the project, and published further material comparing the merits of the panopticon with the disadvantages of the system of transporting convicts to penal colonies —43, IV, — The essays on poor law reform from —98 , a were partly stimulated by rising food prices and the resultant debate about the treatment of the poor.
The writings on monetary matters, in particular, contain original and innovative solutions to practical financial and currency difficulties. After ruminating on the subject for several years, Bentham took up the reform of judicial administration in Scotch Reform , while the voluminous manuscripts on evidence from this time were later edited and published by J.
Mill as Rationale of Judicial Evidence In courts open to the public, judges were to be charged with following basic principles that would allow for the most complete and accurate testimony available Twining , 42, 70; Schofield , —31; Resnick The overriding consideration was the subordination of the judge to the lawmaker, though the judge may if empowered suspend the execution of the law where utility demanded, pending a final decision by the legislature Dinwiddy a.
This insight served to draw Bentham into an open engagement with parliamentary reform. A further catalyst came from his association with James Mill, whom he met in late , and who for many years thereafter acted as his philosophical and political aide-de-camp. The drafts he wrote in —10 provided the outlines for his first public statement in support of representative democracy in Plan of Parliamentary Reform in the Form of a Catechism with Reasons for Each Article These included: the elimination of royal patronage, a substantial extension of the franchise, annual elections by secret ballot, the election of intellectually qualified and independent members of parliament with a system of fines to ensure regular attendance, and the accurate and regular publication of parliamentary debates.
Without these reforms Bentham believed Britain risked revolution. From this point on he became widely recognised as the foremost philosophical voice of political radicalism. Other political writings from this time include Defence of Economy against the Right Honourable Edmund Burke and Defence of Economy against the Right Honourable George Rose , both written in but not published until , 39— These essays attacked waste and corruption in government and were later reissued, with other previously published essays, in Official Aptitude Maximized, Expense Minimized , the overall aim of which was to optimize the competence of public servants while reducing government expenditure.
In , his Book of Fallacies appeared, in which he employed a humorous vein of barbs to lay bare the fallacious reasoning frequently used to bolster sinister interests and stymie proposals for reform In these works he brought to bear with telling scepticism his reasoning on logic, language and ontology from the same period —43, VIII, —; Crimmins At about the same time, he also wrote at length on private ethics in Deontology , published posthumously in two volumes in In Church—of—Englandism he was highly critical of the education offered in the schools run by the National Society for Promoting the Education of the Poor in the Principles of the Established Church.
In the years following, Bentham produced draft upon draft of elements of the Constitutional Code , only the first of three volumes of which was published during his lifetime.
In these writings he unequivocally pinned his colors to the republican cause, but also demonstrated an acute sense of the growing importance of the administrative functions of the modern state Rosenblum ; Hume ; Rosen In December he provided funds to start the Westminster Review , a periodical dedicated to radical views.
He also assumed a leadership role in the movement for law reform and political reform, maintained regular contact with similarly inclined reformers, publishers and intellectuals at home and abroad, and was surrounded by disciples who acted as secretaries, collaborators, and editorial assistants. Bentham never married, and died in the company of friends on the eve of the signing of the Great Reform Act.
In preparation for this final act, in an unpublished pamphlet written in the year before his death, Auto-Icon; or Farther Uses of the Dead to the Living printed , but not then published , he proposed the display of auto-iconized bodies and heads as a means to public instruction.
He requested that his own mummified head and skeleton, dressed in his habitual garments, be displayed, and it can still be viewed today at University College London. In these and other early writings we see Bentham striving to emulate in the moral world the great advances made in physical science. In the process he consciously allied himself with the more progressive elements of the Enlightenment and made plain the intellectual influences that shaped his thought, notably Bacon, Locke, Hume, and the French philosophes.
Influenced by the empiricism of Bacon and Locke, Bentham held that all knowledge is derived from sensation: the intellect has no material to work with apart from that obtained by the senses. In the second half of the 17 th century, the Royal Society had emphasized the role of experiment and generally empiricist epistemology in the development of the natural sciences. Suitably impressed by the progress made in this department of knowledge, Bentham carried over into moral science the basic principle that people can only know, in any certain or scientific sense of that term, that which can be observed and verified.
He rejected all forms of idealism in philosophy and insisted that in principle all matter is quantifiable in mathematical terms, and this extends to the pains and pleasures that we experience—the ultimate phenomena to which all human activity and social concepts, such as rights, obligation, and duty could be reduced and explained.
Some fictitious entities are necessary for human discourse, but their meaning can only be revealed through their connection to real entities , n; b, —88, —18 ; if a fictitious entity proves impervious to this paraphrastic technique it is shown to be a meaningless abstraction unrelated to demonstrable reality. All are dismissed on the grounds that they are merely empty phrases that express nothing beyond the sentiment of the person who advocates them.
Not representing verifiable reality, such phrases could not be considered useful. At the beginning of IPML Bentham offered the famous declamation that underscores the primacy of pains and pleasures in utilitarian theory:. There are two forms of hedonism expressed in this seminal passage: 1 psychological hedonism, which states that all motives of action are grounded in the apprehension of pain or the desire for pleasure; and 2 ethical hedonism, which holds that pleasure is the only good and actions are right in so far as they tend to produce pleasure or avoid pain.
As such, pain and pleasure are the final cause of individual action and the efficient cause and means to individual happiness. Nor, can they talk? But, can they suffer? But how is the legislator to influence individual actions and gain conformity to his decisions? In effect, there is no such thing as a good or bad motive.
When deciding whether to act or which act to undertake, a person must calculate as best as he can the pains and pleasures that may reasonably be expected to accrue to the persons including himself affected by the acts under consideration.
A similar calculation should guide the legislator in formulating laws. However, Bentham recognised that it was not normally feasible for an individual to engage in such a calculation as a preliminary to undertaking every act. For this reason he spoke of the general tendencies of actions to enhance happiness suggested by past experience as a sufficient guide in most situations.
To this end he developed rules to guide the lawmaker in the construction of a penal code, including the elements involved in the calculation of the mischief caused by offences and the appropriate punishments. In general he followed Adam Smith in believing the individual to be the best judge of his or her own interests, but the simplicity of this proposition is deceptive see Engelmann This involves the individual in imagining what will occur if she were to act in a certain manner. For Bentham, the most important elements of the external environment in which a person imagines outcomes are the penalties and rewards laid down by law and those deriving from other educative and moral institutional arrangements and practices, including the sanction exercised by public opinion.
In this sense, law and other agencies may be used to construct interests by providing individuals with the motives to pursue courses of action beneficial to the community.
It is the individual who then must correctly perceive where her interests lie; she must imagine the expected outcomes the legislator has determined. Second, Bentham recognised that explaining action in terms of interest is potentially circular. If we mean, acting to pursue our interest in the widest sense, then the statement is tautological b, 93n. Bentham recognised the possibility of altruistic actions, and frequently alluded to his own philanthropy when recommending schemes to further the public good.
However, if not all action is motivated by self-interest in the narrow or strict meaning of the term, then how far can the self-preference principle be considered a reliable guide for the legislator in constructing motives? While it is not true that everyone always acts in his or her self-interest, it is best that the legislator design institutions and law as if this were in fact true. Self-interested acts are the norm; altruism is the exception.
Third, although individuals may in general be the best judges of their own interests, they may not always judge wisely. But if people incorrectly perceive their interests, then the legislator may be misled in constructing the appropriate motivation.
This means that assessing the value of the constituent elements of interest pains and pleasures is a tricky business for the legislator; he must accurately observe the ways people behave, deduce the motives behind their actions, and encompass this knowledge in the sanctions of law. The aim is to tell individuals what they should not do, but also to provide them with motives pains and pleasures in prospect sufficient to divert their desires into channels best designed to serve the public interest.
In this way government could educate its citizens to make more effective choices, or at least guide them into more appropriate paths to achieve their real interests —43, I, Bentham recognised that neither the individual nor the legislator could strictly follow the process he described.
As is well known, while adhering to the basic Benthamic analysis of motives, in Utilitarianism J. This tended to undermine the aggregative dimension of the theory laid down by Bentham. Bentham occasionally suggested that pains and pleasures might be evaluated in relation to income or wealth, but he was aware of the limitations of this approach.
It is in the nature of the case that the amount of increase in happiness will not be as great as the increase in wealth; the addition of equal increments of money will eventually bring successively less of an increase in happiness. One of its practical consequences for a utilitarian such as Bentham is that, where choices present themselves between giving an additional increment to a rich man or to a poor man, more happiness will result from giving it to the poorer of the two.
Also, the analysis underscores why money cannot be a direct measure of utility, since the utility represented by a particular sum of money will vary depending on the relative wealth of the person who receives it. Moreover, it is evident that diminishing marginal utility is also a feature of the additional increments of pleasure a person may experience beyond a certain point; equal increments of pleasure will not necessarily add to the stockpile of happiness if a person has reached a saturation point.
For Bentham, the unhappiness created by the loss of something will usually have a greater impact on a person than the happiness brought about by its gain to someone else —43, I, —7. Of course, if the loser is a wealthy person and the gainer a poor man, this will not hold. But in the normal run of things, this is why Bentham gave a higher priority to the protection of property by law and why he held that the alleviation of suffering demands more immediate attention than plans to produce wealth —54, III, , Raising public funds through taxation for vital services would be justified by the principle, as would emergency expropriation of property in times of war or famine, usually with compensation paid to the property owner.
For Bentham, the significance of this principle as a practical guide could hardly be overstated. He came to see that such a principle could justify inordinate sacrifices by a minority, however that minority might be composed, in the interest of enhancing the happiness of a majority.
He considered this a false conclusion, but one that needed to be addressed. The less the numerical difference between the minority and majority, the more obvious the deficiency in aggregate happiness will be a, Logically, then, the closer we approximate the happiness of all the members of the community, the greater the aggregate of happiness. The universal interest relates to interests that are shared by everyone, and only when it is impossible for government to contrive policies to achieve this end is a distribution of happiness less than universal or less than equal justified b, However, the number of decisions made by governments that are genuinely of universal reach are relatively few and may be limited to national defence and the framework of individual rights securities.
Beyond that, redistributive policies invariably involve unequal sacrifices and benefits. This means that the legislator must employ a utilitarian calculation in which the pain experienced by the few is reduced to the minimum necessary to produce benefits for the many; only on this basis may pleasures be summed and pains subtracted in order to produce the rationale to justify the best policy.
Related to this conception of the universal interest is the egalitarian commitment that in arriving at the appropriate law or policy the interests of each and all must count, and count equally , I, This does not mean that optimal utility is not the goal, but simply stresses that optimal utility will be more likely achieved where there is an approximate equality in the distribution of the basic requirements of happiness Postema Green forward, argue that calculations of total utility fail to respect the distinctiveness of persons and thereby place their interests at perpetual risk Rawls , 22—27; Nozick , 28—35; see the discussions in Ten , 13—37; Rosen , Chs.
If deterrence can be achieved by punishing an innocent bystander when the real culprit cannot be caught or brought to justice, then why should the bystander not be punished?
Because public utility would be maximised by making an example of an innocent bystander just as much as by punishing the person who was actually guilty of the offence but who has not been apprehended, it seems the utilitarian ought to support the punishment.
But this is not only intuitively wrong, it is also wrong because there is a real danger that violations of security would lead to other such violations, with no principled basis to cease inflicting them. Basic securities must be afforded to each and every member of the community, and violations of these vital interests are not justified, whether they be perpetrated by other individuals or government, since they contravene the distributive elements of utilitarian theory.
From early on in his utilitarian theorizing, Bentham understood that the achievement of utilitarian objectives in practice required the translation of the utility principle into elements amenable to implementation in ways that the philosophically abstract principle itself could not be.
Concrete manifestations of happiness, for example, could be found in personal security and reduced crime rates, enhanced health and declining death rates, broader opportunities for education, the reduction of diseases caused by sewage pollution, and so on.
This deficiency did not, however, prevent him from developing the theoretical apparatus to direct the formulation of such laws.
This was more than the Humean observation that utility is embedded in customary rules that have evolved over time. Where the jurist detects deficiencies, new rules and precepts must be developed that demonstrably accord with the utility principle.
The greatest happiness principle sets the over-arching objective and is the critical standard against which existing practices are to be judged. As such, it stands ever ready to be summoned forth whenever new guidelines are needed, subordinate ends conflict, or existing laws require amendment, refinement, or further elaboration.
However, in practice it is the secondary elements of the theory that do the work of producing beneficial outcomes. In this way, they give practical concreteness to the philosophically abstract end of the greatest happiness. The subordinate ends of civil law are security, subsistence, abundance, and equality, in this order of priority.
This is entirely consistent with the view that, properly understood, the utility principle entails a presumption in favour of an equal distribution, unless there is compelling empirical evidence that utility would not be served by such a policy. However, he refused to countenance the idea that policies to redistribute wealth at the cost of security would be beneficial either to social prosperity or individual wellbeing. Bentham believed that facilitating individuals in the pursuit of their interests in a free market is what government should do, because this is the proven best way to maximise the public good.
Where laissez-faire does not produce the best result, however, the legislator must act in other direct and indirect ways to produce the optimal outcome. But radical schemes for property re-distribution are ruled out; the axiomatic requirement that each be treated equally, that the happiness of each be counted, justified policies to equalize the distribution of goods only where this could be achieved without disappointing legitimate expectations.
Just as the primary purpose of civil law is economic security and national prosperity, so it draws powerful support from the protection afforded persons, property and expectations by the threat of punishment —43, III, To this end, utilitarian penal law is framed in terms of the principal objective of deterrence, but it also embraces the secondary ends of disablement, moral reformation, and compensation see Crimmins b.
The effectiveness of the theory in practice depends on two additional features: offences must be classified solely on the basis of the harm perpetrated, and there must be an appropriate proportion between crimes and punishments. It is because of its failure to satisfy the first feature that Bentham rejected the prevailing criminalization of consensual sexual acts, and developed the first systematic defence of sexual liberty in the English language. In settling the required proportions of punishment, Bentham recognised he had burdened the legislator with a vastly complex task—the calculation of the correct quantity and type of pain needed to achieve the desired ends, in particular the objective of deterrence.
Bentham first examined the utility of the death penalty in the s when he delineated the principles of penal law —43, I, —50; see also , Ch. In sum, it is a special application of his utilitarian theory of punishment. The framework of analysis is presented as an objective, neutral exercise, by which the benefits and costs of the death penalty in cases of murder are assessed in comparison with life imprisonment with hard labour.
All things considered, Bentham believed the weight of the calculation worked against the death penalty on the grounds of deterrence, the fact that it is inequable in its application, falling mainly on the shoulders of the poor, and because it is a form of punishment that is irremissible in the face of judicial error.
By , however, he abandoned the exceptions and argued that no offence warranted capital punishment UC cvii. Subordinate ends are also evident in the design and management of the panopticon prison: security and economy are foremost, but tempered by humanity and accountability.
This view of the panopticon has opened up some interesting lines of discourse on the encroaching methods of control and surveillance in contemporary liberal societies Brunon-Ernst The end of economy determined that the panopticon prison should be a private self-sustaining operation not requiring financial assistance from the public purse.
Security determined that the community be protected from convicted criminals, and severity in punishment was to serve the ends of deterrence and reformation. But security also required that the inmate be protected from cruel treatment, and humanity determined that prisoners should be deprived only of liberty not health or life.
Prisoners were to be kept clean and their labour made productive and profitable, including the development of skills that might be useful to them when released. In support of these objectives, Bentham invoked several devices to effect transparency and accountability in prison government.
And, just as the panopticon was to be monitored by the publication of regular reports, so reports of government activity were required to keep the democratic polity informed and facilitate the accountability of public officials.
When Bentham turned his thoughts to constitutional law in earnest in the s, partly inspired by constitution-making in parts of southern Europe, it was with the conviction that all states in which the institutions of representative democracy already existed or in which they could be introduced were fertile soil for the utilitarian pannomion.
The administrative, electoral and legislative details of this project occupied much of the last decade of his life, with its core ideas discussed in the pages of a variety of works in addition to the Code , such as Securities Against Misrule , First Principles Preparatory to Constitutional Code , and Official Aptitude Maximized; Expense Minimized. The subsidiary principles of accountability, efficiency, and economy underpinned the institutional design and procedural operations elaborated in these writings.
It is imperative, therefore, to devise mechanisms that will ensure that only by acting in the public interest could they promote their own interests. Given the extensive powers Bentham envisaged the thirteen ministries of the reformed government would possess—far more power in the areas of public health, education, and relief of the poor and indigent than existed at the time—further safeguards would be required. Intellectual and active aptitude were to be tested through an examination process, though this would come to naught if the appointed official did not possess the appropriate moral aptitude —43, IX, Other devices designed to ensure, encourage, and test the required aptitude of public officials include: 1 the precise definition of responsibilities attached to each office, against which the actions of officials could be judged by either a superordinate official or the public; 2 the principle of subordination, according to which every official was subordinate to another who could punish him for inefficiency in the performance of his tasks; 3 complete exposure to legal prosecution of all officials for wrong-doing; 4 the elimination of the practice of handing out unwarranted titles of honour to party supporters and other favourites; 5 complete publicity of government business and the elimination of secrecy; and 6 freedom of the press, speech and association see Rosen , Ch.
In the first sense of the term it is seemingly impossible for there to be a law that deliberately functions contrary to the will of the legislature. However, Bentham also held that all political authority, no matter what form it takes, is necessarily limited by its capacity to compel obedience from the people. And in Of the Limits of the Penal Branch of Jurisprudence he explained that this implies two volitions, both of which are necessary components of a complete theory of sovereignty: on the one hand, the enactments of a legislature and, on the other, the will of the people to obey those enactments.
The POT would scrutinize the actions of elected representatives, public and judicial officials, prosecuting charges where they are found remiss in their responsibilities, censoring misrule and imposing penalties when applicable.
In these terms, the POT would be the leading security against the misuse and abuse of power , Vital to the functioning of the POT is the dissemination of information. In the first instance this would require the establishment of a public archive of government actions and activities containing records of law, policy, legislative debate, and statistics, which the government would be constitutionally required to make available to the public by a freedom of information provision in the constitutional code to ensure transparency.
Secondly, it would require an unshackled press to ensure widespread publicity and the freedom to criticize unimpeded by censorship or gagging orders. Here Bentham drew upon his essay On the Liberty of the Press, and Public Discussion to point out the dangers of laws designed to limit these liberties. Bentham did not consider that the effectiveness of the POT as a check on misrule could be undermined by secret government methods to limit the flow of information, nor did it occur to him that a press dominated by the views of one class could subvert the veracity of the information it disseminated.
He pinned his faith on transparency and publicity Postema , Ideally, the public would be adequately informed, and the POT would be constituted by those among the public who were both knowledgeable and concerned about the issues before it.
Jeremy Bentham - Wikipedia
The design, in pursuance of which they were written, was not so extensive as that announced by the present title. They had at that time no other destination than that of serving as an introduction to a plan of a penal code in terminus, designed to follow them, in the same volume.
The body of the work had received its completion according to the then present extent of the author's views, when, in the investigation of some flaws he had discovered, he found himself unexpectedly entangled in an unsuspected corner of the metaphysical maze. A suspension, at first not apprehended to be more than a temporary one, necessarily ensued: suspension brought on coolness, and coolness, aided by other concurrent causes, ripened into disgust.
Imperfections pervading the whole mass had already been pointed out by the sincerity of severe and discerning friends; and conscience had certified the justness of their censure.
The inordinate length of some of the chapters, the apparent inutility of others, and the dry and metaphysical turn of the whole, suggested an apprehension, that, if published in its present form, the work would contend under great disadvantages for any chance, it might on other accounts possess, of being read, and consequently of being of use. But, though in this manner the idea of completing the present work slid insensibly aside, that was not by any means the case with the considerations which had led him to engage in it.
Every opening, which promised to afford the lights he stood in need of, was still pursued: as occasion arose the several departments connected with that in which he had at first engaged, were successively explored; insomuch that, in one branch or other of the pursuit, his researches have nearly embraced the whole field of legislation.
Several causes have conspired at present to bring to light, under this new title, a work which under its original one had been imperceptibly, but as it had seemed irrevocably, doomed to oblivion. In the course of eight years, materials for various works, corresponding to the different branches of the subject of legislation, had been produced, and some nearly reduced to shape: and, in every one of those works, the principles exhibited in the present publication had been found so necessary, that, either to transcribe them piecemeal, or to exhibit them somewhere where they could be referred to in the lump, was found unavoidable.
The former course would have occasioned repetitions too bulky to be employed without necessity in the execution of a plan unavoidably so voluminous: the latter was therefore indisputably the preferable one.
To publish the materials in the form in which they were already printed, or to work them up into a new one, was therefore the only alternative: the latter had all along been his wish, and, had time and the requisite degree of alacrity been at command, it would as certainly have been realised. Cogent considerations, however, concur, with the irksomeness of the task, in placing the accomplishment of it at present at an unfathomable distance.
Another consideration is, that the suppression of the present work, had it been ever so decidedly wished, is no longer altogether in his power. In the course of so long an interval, various incidents have introduced copies into various hands, from some of which they have been transferred by deaths and other accidents, into others that are unknown to him.
Detached, but considerable extracts, have even been published, without any dishonourable views for the name of the author was very honestly subjoined to them , but without his privity, and in publications undertaken without his knowledge.
It may perhaps be necessary to add, to complete his excuse for offering to the public a work pervaded by blemishes, which have not escaped even the author's partial eye, that the censure, so justly bestowed upon the form, did not extend itself to the matter.
In sending it thus abroad into the world with all its imperfections upon its head, he thinks it may be of assistance to the few readers he can expect, to receive a short intimation of the chief particulars, in respect of which it fails of corresponding with his maturer views. It will thence be observed how in some respects it fails of quadrating with the design announced by its original title, as in others it does with that announced by the one it bears at present.
An introduction to a work which takes for its subject the totality of any science, ought to contain all such matters, and such matters only, as belong in common to every particular branch of that science, or at least to more branches of it than one. Compared with its present title, the present work fails in both ways of being conformable to that rule. As an introduction to the principles of morals, in addition to the analysis it contains of the extensive ideas signified by the terms pleasure, pain, motive, and disposition, it ought to have given a similar analysis of the not less extensive, though much less determinate, ideas annexed to the terms emotion, passion, appetite, virtue, vice, and some others, including the names of the particular virtues and vices.
But as the true, and, if he conceives right, the only true groundwork for the development of the latter set of terms, has been laid by the explanation of the former, the completion of such a dictionary, so to style it, would, in comparison of the commencement, be little more than a mechanical operation. Again, as an introduction to the principles of legislation in general, it ought rather to have included matters belonging exclusively to the civil branch, than matters more particularly applicable to the penal: the latter being but a means of compassing the ends proposed by the former.
In preference therefore, or at least in priority, to the several chapters which will be found relative to punishment, it ought to have exhibited a set of propositions which have since presented themselves to him as affording a standard for the operations performed by government, in the creation and distribution of proprietary and other civil rights.
He means certain axioms of what may be termed mental pathology, expressive of the connection betwixt the feelings of the parties concerned, and the several classes of incidents, which either call for, or are produced by, operations of the nature above mentioned. Lastly, the analytical discussions relative to the classification of offences would, according to his present views, be transferred to a separate treatise, in which the system of legislation is considered solely in respect of its form: in other words, in respect of its method and terminology.
In these respects the performance fails of coming up to the author's own ideas of what should have been exhibited in a work, bearing the title he has now given it. He knows however of no other that would be less unsuitable: nor in particular would so adequate an intimation of its actual contents have been given, by a title corresponding to the more limited design, with which it was written: viz.
Yet more. Dry and tedious as a great part of the discussions it contains must unavoidably be found by the bulk of readers, he knows not how to regret the having written them, nor even the having made them public. Under every head, the practical uses, to which the discussions contained under that head appeared applicable, are indicated: nor is there, he believes, a single proposition that he has not found occasion to build upon in the penning of some article or other of those provisions of detail, of which a body of law, authoritative or unauthoritative, must be composed.
He will venture to specify particularly, in this view, the several chapters shortly characterized by the words Sensibility, Actions, Intentionality, Consciousness, Motives, Dispositions, Consequences.
Even in the enormous chapter on the division of offenses, which, notwithstanding the forced compression the plan has undergone in several of its parts, in manner there mentioned, occupies no fewer than one hundred and four closely printed quarto pages, the ten concluding ones are employed in a statement of the practical advantages that may be reaped from the plan of classification which it exhibits. Those in whose sight the Defence of Usury has been fortunate enough to find favour, may reckon as one instance of those advantages the discovery of the principles developed in that little treatise.
In the preface to an anonymous tract published so long ago as in , 2 he had hinted at the utility of a natural classification of offenses, in the character of a test for distinguishing genuine from spurious ones. The case of usury is one among a number of instances of the truth of that observation. A note at the end of Sect. To some readers, as a means of helping them to support the fatigue of wading through an analysis of such enormous length, he would almost recommend the beginning with those ten concluding pages.
One good at least may result from the present publication; viz. The narrower the circle of readers is, within which the present work may be condemned to confine itself, the less limited may be the number of those to whom the fruits of his succeeding labours may be found accessible. He may therefore in this respect find himself in the condition of those philosophers of antiquity, who are represented as having held two bodies of doctrine, a popular and an occult one: but, with this difference, that in his instance the occult and the popular will, he hopes, be found as consistent as in those they were contradictory; and that in his production whatever there is of occultness has been the pure result of sad necessity, and in no respect of choice.
Having, in the course of this advertisement, had such frequent occasion to allude to different arrangements, as having been suggested by more extensive and maturer views, it may perhaps contribute to the satisfaction of the reader, to receive a short intimation of their nature: the rather, as, without such explanation, references, made here and there to unpublished works, might be productive of perplexity and mistake.
The following then are the titles of the works by the publication of which his present designs would be completed. They are exhibited in the order which seemed to him best fitted for apprehension, and in which they would stand disposed, were the whole assemblage ready to come out at once: but the order, in which they will eventually appear, may probably enough be influenced in some degree by collateral and temporary considerations. Part the 1st. Principles of legislation in matters of civil, more distinctively termed private distributive, or for shortness, distributive, law.
Part the 2nd. Principles of legislation in matters of penal law. Part the 3rd. Principles of legislation in matters of procedure: uniting in one view the criminal and civil branches, between which no line can be drawn, but a very indistinct one, and that continually liable to variation. Part the 4th. Principles of legislation in matters of reward.
Part the 5th. Principles of legislation in matters of public distributive, more concisely as well as familiarly termed constitutional, law. Part the 6th. Principles of legislation in matters of political tactics: or of the art of maintaining order in the proceedings of political assemblies, so as to direct them to the end of their institution: viz.
Part the 7th. Principles of legislation in matters betwixt nation and nation, or, to use a new though not inexpressive appellation, in matters of international law. Part the 8th. Principles of legislation in matters of finance. Part the 9th. Principles of legislation in matters of political economy. Part the 10th. Plan of a body of law, complete in all its branches, considered in respect of its form; in other words, in respect of its method and terminology; including a view of the origination and connexion of the ideas expressed by the short list of terms, the exposition of which contains all that can be said with propriety to belong to the head of universal jurisprudence.
The use of the principles laid down under the above several heads is to prepare the way for the body of law itself exhibited in terminis; and which to be complete, with reference to any political state, must consequently be calculated for the meridian, and adapted to the circumstances, of some one such state in particular.
Had he an unlimited power of drawing upon time, and every other condition necessary, it would be his wish to postpone the publication of each part to the completion of the whole.
In particular, the use of the ten parts, which exhibit what appear to him the dictates of utility in every line, being no other than to furnish reasons for the several corresponding provisions contained in the body of law itself, the exact truth of the former can never be precisely ascertained, till the provisions, to which they are destined to apply, are themselves ascertained, and that in terminis. But as the infirmity of human nature renders all plans precarious in the execution, in proportion as they are extensive in the design, and as he has already made considerable advances in several branches of the theory, without having made correspondent advances in the practical applications, he deems it more than probable, that the eventual order of publication will not correspond exactly with that which, had it been equally practicable, would have appeared most eligible.
Of this irregularity the unavoidable result will be, a multitude of imperfections, which, if the execution of the body of law in terminis had kept pace with the development of the principles, so that each part had been adjusted and corrected by the other, might have been avoided.
His conduct however will be the less swayed by this inconvenience, from his suspecting it to be of the number of those in which the personal vanity of the author is much more concerned, than the instruction of the public: since whatever amendments may be suggested in the detail of the principles, by the literal fixation of the provisions to which they are relative, may easily be made in a corrected edition of the former, succeeding upon the publication of the latter.
In the course of the ensuing pages, references will be found, as already intimated, some to the plan of a penal code to which this work was meant as an introduction, some to other branches of the above-mentioned general plan, under titles somewhat different from those, by which they have been mentioned here.
The giving this warning is all which it is in the author's power to do, to save the reader from the perplexity of looking out for what has not as yet any existence. The recollection of the change of plan will in like manner account for several similar incongruities not worth particularizing. Allusion was made, at the outset of this advertisement, to some unspecified difficulties, as the causes of the original suspension, and unfinished complexion, of the present work.
Ashamed of his defeat, and unable to dissemble it, he knows not how to reface himself the benefit of such an apology as a slight sketch of the nature of those difficulties may afford.. The discovery of them was produced by the attempt to solve the questions that will be found at the conclusion of the volume: Wherein consisted the identity and completeness of a law? What the distinction, and where the separation, between a penal and a civil law? What the distinction, and where the separation, between the penal and other branches of the law?
To give a complete and correct answer to these questions, it is but too evident that the relations and dependencies of every part of the legislative system, with respect to every other, must have been comprehended and ascertained. But it is only upon a view of these parts themselves, that such an operation could have been performed. To the accuracy of such a survey one necessary condition would therefore be, the complete existence of the fabric to be surveyed.
To the performance of this condition no example is as yet to be met with any where. Common law, as it styles itself in England, judiciary law as it might aptly be styled every where. Shreds and scraps of real law, stuck on upon that imaginary ground, compose the furniture of every national code. What follows? There is, or rather there ought to be, a logic of the will. Of these two branches of that recondite art, Aristotle saw only the latter: succeeding logicians, treading in the steps of their great founder, have concurred in seeing with no other eyes.
Yet so far as a difference can be assigned between branches so intimately connected, whatever difference there is, in point of importance, is in favour of the logic of the will. Since it is only by their capacity of directing the operations of this faculty, that the operations of the understanding are of any consequence.
It is, to the art of legislation, what the science of anatomy is to the art of medicine: with this difference, that the subject of it is what the artist has to work with, instead of being what he has to operate upon. Nor is the body politic less in danger from a want of acquaintance with the one science, than the body natural from ignorance in the other. One example, amongst a thousand that might be adduced in proof of this assertion, may be seen in the note which terminates this volume.
Yet more: a body of proposed law, how complete soever, would be comparatively useless and uninstructive, unless explained and justified, and that in every tittle, by a continued accompaniment, a perpetual commentary of reasons: which reasons, that the comparative value of such as point in opposite directions may be estimated, and the conjunct force, of such as point in the same direction may be felt.
There must be therefore, not one system only, but two parallel and connected systems, running on together. Are enterprises like these achievable? He knows not. This only he knows, that they have been undertaken, proceeded in, and that some progress has been made in all of them. He will venture to add, if at all achievable, never at least by one, to whom the fatigue of attending to discussions, as arid as those which occupy the ensuing pages, would either appear useless, or feel intolerable.