Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers (...) a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy. (shrink)

It has been commonly accepted that Bentham, in his theory of constitutional law, aimed to replace the natural opposition of interests which existed between rulers and subjects with an artificial identification or junction of interests. This was brought about by making it the self-interest of rulers to act in such a way as to promote the general interest. In other words, any sinister interest to which the ruler was exposed, that is any desire he might feel to sacrifice the general (...) interest to his own particular interest, had to be nullified: this would leave that part of his interest which coincided with the general interest as the only interest by which his conduct could be determined. (shrink)

Jeremy Bentham's, hitherto known as, has recently appeared in definitive form in The Collected Works of Jeremy Bentham. The essay contains what is arguably the most influential critique of natural rights, and by extension human rights, ever written. Bentham's fundamental argument was that natural rights lacked any ontological basis, except to the extent that they reflected the personal desires of those propagating them. Moreover, by purporting to have a basis in nature, the language of natural rights gave a veneer of (...) respectability to what, in the case of the French Revolutionaries at least, were at bottom violent and selfish passions. Yet that having been said, Bentham had no objection to the notion of a right which expressed a moral claim founded on the principle of utility. However, the phrase better captured what was at stake, and avoided all the ambiguities otherwise associated with the word. (shrink)

In this first full historical account of the political thought of Jeremy Bentham, Philip Schofield shows how Bentham's insights in the fields of logic and language led to the first defence of democracy from a utilitarian perspective, and to the creation of the philosophic radicals, dedicated to political, legal, ecclesiastical, and social reform.

SUMMARYJeremy Bentham has two very strong commitments in his thought: one is to the principle of utility, or the greatest happiness principle, as the fundamental principle of morality; the other is to truth, as indicated, for instance, in his opposition to falsehood and fiction in the law. How, then, did Bentham view the relationship between utility and truth? Did he think that utility and truth simply coincided, and hence that falsehood necessarily led to a diminution in happiness, and conversely truth (...) led to an increase in happiness? This article addresses this issue through two bodies of material: the first consists of Bentham's writings on religion under the heading of ‘Juggernaut’ and dating from 1811 to 1821; the second consists of the writings on judicial evidence dating from 1803 to 1812 and which appeared in Rationale of Judicial Evidence. (shrink)

An unresolved debate in Bentham scholarship concerns the question of the timing and circumstances which led to Bentham's ‘conversion’ to democracy, and thus to political radicalism. In the early stages of the French Revolution, Bentham composed material which appeared to justify equality of suffrage on utilitarian grounds, but there are differing interpretations concerning the extent and depth of Bentham's commitment to democracy at this time. The appearance of Rights, Representation, and Reform: Nonsense upon Stilts and other essays on the French (...) Revolution, a new volume in The Collected Works of Jeremy Bentham, containing definitive texts of Bentham's writings at this crucial period, offers an opportunity to reassess this debate. First, Bentham's most radical proposals for political reform came not in the so-called ‘Essay on Representation’ composed in late 1788 and early 1789, as has traditionally been assumed, but in his ‘Projet of a Constitutional Code for France’ composed in the autumn of 1789, where he advocated universal adult suffrage, subject to a literacy test. Second, it may be doubted if the very question as to whether Bentham was or was not a sincere convert to democracy is particularly helpful. Rather, it may be better to see Bentham as a ‘projector’ during this period of his life. Third, the nature of Bentham's radicalism was very different at this period from what it would become in the 1810s and 1820s, for instance in relation to his commitment to the traditional structures of the British Constitution. Having said that, his attitude to the British Constitution remained complex and ambivalent. At his most radical phase, in the autumn of 1789, he advocated wide-ranging measures of electoral reform while at the same time harbouring aspirations to be returned to Parliament for one of the Marquis of Lansdowne's pocket boroughs. To conclude, it was, arguably, the internal dynamic of Bentham's critical utilitarianism, rather than the events of the French Revolution, which was ultimately responsible for pushing him into a novel form of radical politics. (shrink)

Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach to the (...) analysis of language, Hart was wrong to assume that Bentham's jurisprudential project was a precursor to his own attempt to provide a morally neutral description of a legal system. It was this assumption that led to mistakes in Hart's editing of Of Laws in General. Bentham's utilitarian theory of law should be recognised as a distinct alternative to Common Law and Natural Law theories. (shrink)

Who was Jeremy Bentham? -- Which Bentham? -- The principle of utility -- Panopticon -- Political fallacies -- Religion and sex -- Torture.

This paper challenges both the traditional view of L. Stephen and E. Albee that Bentham's attitude towards religion was irrelevant to his moral and political thought, and the revisionist critique of J.C.D. Clark and J.E. Crimmins that his religious radicalism was the prerequisite for his political radicalism. It also challenges the two further claims advanced by Crimmins: first, that Bentham was an atheist; and second, that he wished to eliminate religion from the mind. In contrast it is argued that Bentham's (...) theory of logic and language lay at the foundation of his thought. His religious radicalism was therefore not the prerequisite for his political radicalism, but rather one aspect of it. Moreover, Bentham never committed himself to atheism, and advocated religious freedom rather than any form of enforced belief or non-belief. It is suggested that unless historians recognize the centrality and originality of Bentham's theory of logic and language, they will fail to explain adequately the emergence of his distinctively utilitarian political radicalism. (shrink)

In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England. He provides important refelctions on the nature of law, and more particularly on the nature of customary and statute law, and on judicial interpretation.

Jeremy Bentham reconoció que la arquitectura tenía una gran influencia en la conducta del gobierno. Recomendaba que la arquitectura de los edificios en los que los funcionarios llevaban a cabo sus tareas ­-fuesen cámaras de debate legislativo, despachos gubernamentales, tribunales o prisiones- debería asegurar que todos los actos estuvieran constantemente abiertos a la inspección pública, a menos que hubiera fuertes razones para el secreto. Al lograr la publicidad de los actos oficiales, Bentham esperaba fijar la responsabilidad por parte de los (...) funcionarios, que estarían así sujetos a la amenaza de las sanciones impuestas por lo que Bentham denominó el tribunal de la opinión pública. Bentham creía que la diferencia entre un gobierno despótico y otro libre no radicaba en el monto de poder que cada uno podía ejercer, sino primariamente en la libertad de discusión y la publicidad. En su pensamiento constitucional maduro, Bentham sostuvo que sólo bajo una democracia representativa se aseguraría una publicidad completa, y así se promovería el bienestar de toda la comunidad. (shrink)

Jeremy Bentham identifies and criticizes around fifty fallacious arguments used by politicians to thwart measures of reform, and exposes the sinister interests that lead to their employment. This edition restores Bentham's original structure and previously-omitted sections, and remains as relevant to political debate today as it was in his time.

The essays which Bentham collected together for publication in 1830 under the title of Official Aptitude Maximized; Expense Minimized, written at various times between 1810 and 1830, deal with the means of achieving efficient and economical government. In considering a wide range of themes in the fields of constitutional law, public finance, and legal reform, Bentham places the problem of official corruption at the centre of his analysis. He contrasts his own recommendations for good administration, which he had fully developed (...) in his magisterial Constitutional Code, with the severe deficiencies he saw in English practice. The core of the volume consists of four major essays directed against the principles and policies of four leading statesmen: Edmund Burke, George Rose, Robert Peel, and Lord Chancellor Eldon. Of particular concern to Bentham were the abuses sanctioned by the judges and their officials in the Westminster Hall courts, which, he argues, resulted in the denial of justice to the majority of the population. In this volume, Bentham not only displays the precise logical reasoning for which he is well known, but also his considerable skills as a rhetorician of reform. (shrink)

The four essays by Jeremy Bentham assembled in this volume date from the spring and summer of 1822 and are based exclusively on manuscripts, many of which have never before been published. In the essays `Economy as Applied to Office', `Identification of Interests', `Supreme Operative', and `Constitutional Code Rationale', Bentham develops the general principles of constitutional law and government which underpin the detailed administrative provisions set out in Constitutional Code. In addition, original and penetrating discussions of such topics as sovereignty, (...) constitutional rule, democratic and monarchical government, public finance, the aptitude and powers of officials, corruption, the influence of public opinion, and the delusive effect of religion and titles of honour, affirm Bentham's status as a political theorist of the first rank. As an important application of utilitarian principles to the structure and organization of government, and a major contribution to the theory of representative democracy, this volume will be of interest to students of philosophy, law, politics, economics, and history. (shrink)

L’auteur de Bentham : A Guide for the Perplexed, Philip Schofield, est spécialiste de Bentham, directeur du Bentham Project et directeur de la publication des Collected Works of Jeremy Bentham. Comme l’indique le nom de la collection dans lequel son ouvrage est publié, A Guide for the Perplexed est un opuscule qui a l’ambition de faire connaître la pensée du philosophe utilitariste Jeremy Bentham à un public de lecteur non avertis. Sept chapitres s’attè..

Ce volume collectif accompagne, à quelques mois d’intervalle, la publication de l’édition critique des textes consacrés par Bentham à l’Australie (_Panopticon versus New South Wales and other writings on Australia_) chez UCL Press sous la direction de Tim Causer et Philip Schofield. Les versions numériques des deux ouvrages sont disponibles en accès ouvert sur le site de l’éditeur. Bentham consacre un premier essai au système pénal en Australie en 1791, à peine six ans après le début des déportations (...) de prisonniers vers la nouvelle colonie carcérale. Il s’oppose sans relâche à cette politique et tente de démontrer que son propre projet de prison panoptique est à la fois plus efficace et moins coûteux pour punir les criminels et conduire à leur réforme. En 1801, au moment où le ministère rejette définitivement la construction du panoptique près de Londres, Bentham érige les colonies australiennes en symboles de la corruption de la constitution et de la malhonnêteté des membres du gouve... (shrink)

Au cours des années 1770, ayant trouvé sa vocation de réformateur du droit et guidé par le principe du plus grand bonheur du plus grand nombre, Jeremy Bentham rassemble ses idées dans de volumineux manuscrits qu’il classe sous le titre de « principes préparatoires ». La publication récente de ces feuillets par Douglas Long et Philip Schofield entr’ouvre la porte de l’atelier du philosophe au tout début de sa carrière. Car la décennie 1770 est particulièrement féconde pour Bentham. (...) C’est pend... (shrink)