Definitions and distinctions -- Classification -- Of the ends of punishment -- Cases unmeet for punishment -- Expense of punishment -- Measure of punishment -- Of the properties to be given to a lot of punishment -- Of analogy between crimes and punishment -- Of retaliation -- Popularity -- Simple afflictive punishments -- Of complex afflictive punishments -- Of restrictive punishments--territorial confinement -- Imprisonment -- Imprisonment--fees -- Imprisonment examined -- General scheme of imprisonment -- Of other species of territorial confinement--quasi-imprisonment--relegation--banishment (...) -- Of simply restrictive punishments -- Of active or laborious punishment -- Capital punishment -- Capital punishment examined -- Punishment analyzed -- Of the punishments belonging to the moral sanction -- Forfeiture of reputation -- Of pecuniary forfeitures -- Forfeiture of condition -- Forfeiture of the protection of the law -- Naturally extravasting punishment--rules concerning it -- Punishment apparently, but not really, mis-seated--civil responsibility -- Mis-seated punishment, varieties of -- Vicarious punishment -- Transitive punishment -- Disadvantages of this mode of punishment -- Collective punishment -- Random punishment -- Cause of the frequency of mis-seated punishment -- Inconveniences of complex punishments -- Of transportation -- Panopticon penitentiary -- Felony -- Of præmunire -- Outlawry -- Excommunication -- Choice of punishment--latitude to be allowed to the judges -- Of subsidiary punishments -- Of surety for good conduct -- Defeazance of punishment. (shrink)

This volume makes available one of the central texts in the development of utilitarian tradition, in the authoritative 1977 edition prepared by Professors Burns and Hart as part of Bentham's Collected Works. Certain that history was on his side, Bentham sought to rid the world of the hideous mess wrought by legal obfuscation and confusion, and to transform politics into a rational, scientific activity, premised on the fundamental axiom that "it is the greatest happiness of the greatest number that is (...) the measure of right and wrong.". (shrink)

Bentham's best-known book stands as a classic of both philosophy and jurisprudence. The 1789 work articulates an important statement of the foundations of utilitarian philosophy — it also represents a pioneering study of crime and punishment. Bentham's reasoning remains central to contemporary debates in moral and political philosophy, economics, and legal theory.

Jeremy Bentham provided a comprehensive list of the sources of pleasure and pain, rather in the manner of modern researchers into human well-being. He explicitly used the term well-being and made both qualitative and quantitative proposals for its measurement. Bentham insisted that the measurement of well-being should be firmly based on the concerns and subjective valuations of those directly concerned, in the context of a liberal society. Those who wished to superimpose other judgements were dismissed as "ipsedixitists." He also addressed, (...) though of course could not solve, some of the measurement problems more recently tackled by "neo-Benthamites." The paper concludes that many of Bentham’s observations about the measurement of well-being are still relevant to issues in current research. Key Words: utilitarianism • Bentham • well-being • capabilities. (shrink)

Jeremy Bentham, the founder of utilitarianism, made a powerful impact on several major areas of thought and policy: ethics, jurisprudence, political and constitutional theory, and social and administrative reform. Yet from the start his ideas have been subject to misunderstanding and caricature. John Dinwiddy's Bentham is regarded as the best introduction to this important jurist and reformer. Dinwiddy examines the various components of Bentham's philosophy and shows how each was shaped by the radical rethinking entailed by the utilitarian approach. He (...) also discusses interpretations of Benthamism and its contemporary significance and the controversial question of Bentham's influence on reform. Bentham is reproduced here in full together with three classic essays that deal with key issues in understanding Bentham: his conversion to political radicalism, the relations between private and public ethics, and his theory of adjudication. A new introduction and select bibliography by William Twining set the context and survey the developments in Bentham studies since the book's original publication in 1989. (shrink)

Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read but often caricatured. The present book offers a reinterpretation of Bentham's main philosophical doctrines, his principle of utility and his analysis of law, philosophical doctrines, as they are developed in Bentham's most important works. A new reading is also given to his theory of law, which suggests Bentham's insight, originality, and continued interest for philosophers and legal theorists. First published in 1973, (...) this revised edition contains a new Preface, a revised Bibliography, and two new Indexes, one of Names and one of Subjects, which together replace the original index. (shrink)

A reply to Fransisco Vergara's attack on Halévy's interpretation of Bentham in Philosophy, January, 1998. Vergara had argued that Halévy was mistaken in interpreting Bentham's principle of utility as a psychological law as well as the ethical greatest happiness principle. Mongin and Sigot show that Halévy correctly interpreted Bentham's texts and that the psychological law is necessary to Bentham's legal theory, economics and politics; they also argue that it is incorrect to confuse the principle of utility with a theory of (...) universal selfishness, and that this misunderstanding underlies Vergara's mistaken picture of both Halévy and Bentham. (shrink)

Mill, J. S. Bentham.--Whewell, W. Bentham.--Watson, J. Bentham.--Hart, H. L. A. Bentham.--Parekh, B. Bentham's justification of the principle of utility.--Peardon, T. Bentham's ideal republic.--Hart, H. L. A. Bentham on sovereignty.--Burns, J. H. Bentham's critique of political fallacies.--Mitchell, W. C. Bentham's felicific calculus.--Roberts, D. Jeremy Bentham and the Victorian administrative state.