Discussions about biotechnology tend to assume that it is something to do with genetics or manipulating biological processes in some way. However, the field of biometrics––the measurement of physical characteristics––is also biotechnology and is likely to affect the lives of more people more quickly than any other form. The possibility of social exclusion resulting from the use of biometrics data for such uses as identity cards has not yet been fully explored. Social exclusion is unethical, as it unfairly discriminates against (...) individuals or classes of people. Social exclusion is unethical, as it unfairly discriminates against individuals or classes of people. This article looks at some of the ways in which social exclusion might arise from the use of biometric data, and introduces a model of balancing individual interests with which to analyse whether it is justified to run the risk of excluding some members of society for the benefit of others. (shrink)
This is the tenth volume of the Correspondence produced in the new edition of The Collected Works of Jeremy Bentham. The great majority of the letters have never before been published. They illustrate the composition, editing, publication, and reception of several of his works. The volume reveals Bentham's attempts to influence developments in France, the USA, Greece, Spain, Portugal, and South America. -/- Despite Bentham's importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only (...) previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. This new critical edition of his works and correspondence is being prepared by the Bentham Committee of University College London. (shrink)
The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, (...) and three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published. -/- An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality. -/- A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)
The writings collected in this volume make an important addition to The Collected Works of Jeremy Bentham. They lend credence to Bentham's claim that his ideas were appropriate `for the use of all nations and all governments professing liberal opinions'. The essays, dating mainly from late 1822 and early 1823, are based exclusively on manuscripts, many of which have not been previously published. -/- Turning his attention towards the Mediterranean basin, Bentham here attempts to legislate for one Islamic state, (...) and offers advice to another in the process of throwing off Islamic rule. The Writings for Tripoli include the famous `Securities against Misrule', in which Bentham draws up a constitutional charter with an accompanying explanation of its provisions. He also discusses the social, political, and religious institutions of the country, and proposes a scheme for the introduction of constitutional reform both there and in the other Barbary states. The Writings for Greece include a rare commentary on the first Greek constitution of 1822, and advice and warnings to the Greek legislators against the temptation of `sinister appetites'. The main theme in both groups of writings is the efficacy of representative institutions and the publicity of official actions in preventing the abuse of government power. (shrink)
Jeremy Waldron’s Law and Disagreement1 is an extremely important and influential book. Not only is it probably the best known recent text presenting the case against judicial review, but it is also rich in details and arguments regarding related but distinct issues such as the history of political philosophy, the relevance of metaethics to political philosophy, the desirable structure of legislative bodies, the justification of democracy and majoritarianism, Rawls’ political philosophy, and much more. In commenting on such rich work, (...) then, the difficulty is not to find things to disagree (or indeed agree) with, but rather to pick and choose among the many topics one can discuss. Below I focus on what seem to me like central difficulties in the more general political philosophy Waldron seems to endorse, and in its application to the topic of judicial review. (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)
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.
This article challenges Jeremy Waldron's arguments in favour of participatory majoritarianism, and against constitutional judicial review. First, I consider and critique Waldron's arguments against instrumentalist justifications of political authority. My central claim is that although the right to democratic participation is intrinsically valuable, it does not displace the central importance of the `instrumental condition of good government': political decision-making mechanisms should be chosen (primarily) on the basis of their conduciveness to good results. I then turn to an examination of (...) Waldron's claim that individuals are entitled to participate in decisions which affect their lives. Furthermore, I respond to his claim that justifications of constitutional judicial review rely on an objectionable distrust of democratic politics, and is inconsistent with a view of the person as a morally responsible, autonomous agent. Finally, I seek to show that judicial review can itself become a valuable channel of political participation, especially for those who are marginalized and disempowered in the normal political process. (shrink)
When Bob Brandom, six years after publishing his opus magnum Making it explicit (hereafter MIE)1, produced his slender Articulating reasons2, many people expected that finally they would have a concise introduction to his philosophical views. Their expectations, however, were to be dashed: Articulating reasons is a heterogeneous collection of texts elaborating on some of the topics of MIE and hardly digestible without the background of MIE3. As yet, Brandom has produced nothing that could be taken as introductory. His subsequent books (...) are either collections of essays addressing topics contained in or connected with MIE (Tales of the mighty dead4, Reason in Philosophy5 or the not yet published Perspectives on Pragmatism6), or engaged with Brandom's new philosophical doctrine, viz. analytic pragmatism, which is the case of Between Saying and Doing7. The last one, of course, is not unrelated to MIE, but it emphasizes different aspects of the enterprise; hence it is unlikely to pave the way to MIE for a perplexed reader. Until recently I was convinced that no readable introduction to Brandom's views therefore existed. Now I see I was mistaken. Though I knew that there was a book devoted to Brandom, by Jeremy Wanderer, I suspected it was more of a scientific biography than an introduction to the inferentialism of MIE; but in fact it is precisely the book I was missing: a congenial and comprehensible introduction to the ideas of Brandom's MIE. Hurrah!, a book my students, desperately wrestling with MIE, can be referred to! (shrink)
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)
The contractarian theory elaborated by John Rawls in A Theory of Justice exploits the difference principle in a great many ways. Rawls argues that, when used as part of a set of guiding principles for structuring the basic institutions of society, it simplifies the problem of interpersonal comparisons (91-4)1, helps compensate for the arbitrariness of natural endowments (101-3), promotes a harmony of interests between citizens (104-5), reintroduces the principle of fraternity to democratic society (105-6), and, what is critical to his (...) contractarian theory, it is an essential part of the principles of justice which would be chosen by free, equal, and rational persons in the original position. (shrink)
Peter G. Brown and Jeremy J. Smith (eds): Water Ethics: Foundational Readings for Students and Professionals Content Type Journal Article Pages 1-3 DOI 10.1007/s10806-011-9310-x Authors Neelke Doorn, Department of Technology Policy and Management, Section of Philosophy, 3TU. Centre of Ethics and Technology/Delft University of Technology, PO Box 5015, 2600 GA Delft, The Netherlands Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.
v. 1. 1752-76.--v. 2. 1777-80.--v. 3. January 1781 to October 1788.--v. 4. 1788-1793.--v. 5. 1794-1797.--v. 6. January 1798 to December 1801.--v. 7. January 1802 to December 1808.--v. 8. January 1809 to December 1816.--v. 9. January 1817 to June 1820.-- v. 10. July 1820 to December 1821.--v. 11. January 1822 to June 1824.--v. 12. July 1824-June 1828.
These letters - the vast majority of which have never been published before - illustrate many aspects of Bentham's public and private life. The composition, editing, printing, publishing, and reception of several of his writings are discussed, while the correspondence with his secretary and protégé John Herbert Koe gives a unique insight into Bentham's working methods. The proposed Chrestomathic School is the subject of many of the letters of 1820, though even in that year Bentham's involvement in the world of (...) radical politics emerges clearly. The volume also testifies to his burgeoning international reputation, and to his interest in reform in North and South America, Russia, Spain, France, and Geneva. (shrink)
A critical edition of three of Bentham's works, Deontology and The Article on Utilitarianism previously unpublished. Together with his An Introduction to the Principles of Morals and Legislation, they provide a comprehensive picture of Bentham's psychological and ethical views. This edition, based entirely on manuscripts written by Bentham of by his amanuenses, is equipped with a full introduction linking the three works. Each work is accompanied by detailed critical and explanatory notes.
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)
Jeremy Bentham was an ardent secularist convinced that society could be sustained without the support of religious institutions or beliefs. This is writ large in the commonly neglected books on religion he wrote and published during the last twenty-five years of his life. However his earliest writings on the subject date from the 1770s, when as a young man he first embarked on his calling as a legal theorist and social reformer. From that time on, religion was never far (...) from the centre of his thoughts. -/- In Secular Utilitarianism, James Crimmins illustrates the nature, extent, and depth of Jeremy Bentham's concern with religion, from his Oxford days of first doubts to the middle years of quiet unbelief, and finally, the zealous atheism and secularism of his later life. Dr Crimmins provides an interpretation of Bentham's thought in which his religious views, hitherto of little interest to Bentham scholars, are shown to be integral: on the one hand intimately associated with the metaphysical, epistemological, and psychological principles which gave shape to his system as a whole, and on the other central to the development of his entirely secular view of society. (shrink)
En philosophie du droit, on a coutume d’opposer juspositivisme et jusnaturalisme et de placer Jeremy Bentham dans la première catégorie. Plusieurs auteurs tiennent même Bentham pour le père du juspositivisme. Je prétends pour ma part que cette façon de classer Bentham est inadéquate et nécessite une importante mise au point. S’il est vrai que Bentham était un adversaire des doctrines du droit naturel, il ne s’ensuit pas pour autant qu’il appartient au positivisme juridique; et les raisons qui pourraient justifier (...) le classement de Bentham parmi les juspositivistes militent aussi pour son association au jusnaturalisme. Que faut-il entendre exactement par « positivisme juridique », et en quel sens Bentham y adhère-t-il? C’est à cette double question que le présent article est consacré. (shrink)
Utility and Democracy is the first comprehensive historical account of the political thought of Jeremy Bentham (1748-1832), the philosopher and reformer. Philip Schofield draws on his extensive knowledge of Bentham's unpublished manuscripts and original printed texts, and on the new, authoritative edition of The Collected Works of Jeremy Bentham . A compelling narrative charts the way in which Bentham applied his utilitarian philosophy to the rapidly changing circumstances of his age. -/- Schofield begins with a lucid account of (...) Bentham's insights in the fields of logic and language, and in particular his theory of real and fictitious entities, which lie at the foundation of his thought. He proceeds to show how these insights brought Bentham to the principle of utility, which led him in turn to produce the first systematic defence of democracy from a utilitarian perspective. In contrast to previous scholarship, which claims that Bentham's 'conversion' or 'transition' to political radicalism took place either at the time of the French Revolution or following his meeting with James Mill in 1808 or 1809, Professor Schofield shows that the process began in or around 1804 when the notion of sinister interest emerged in Bentham's thought. Bentham appreciated that rulers, rather than being motivated by a desire to promote the greatest happiness of those subject to them, aimed to promote their own happiness, whatever the overall cost to the community. -/- In his constitutional writings of the 1820s, which he addressed to 'all nations professing liberal opinions', Bentham argued that the proper end of constitutional design was to maximize official aptitude and minimize government expense, and that the publicity of official actions, within the context of a republican system of government where sovereignty lay in the people, was the means to achieve it. Bentham's commitment to radical reform led him to advocate the abolition of the British monarchy and House of Lords, the replacement of the Common Law with a codified system of law, and the 'euthanasia' of the Anglican Church. (shrink)
We find two main contemporary arguments for the infinitist theory of epistemic justification ('infinitism' for short): the regress argument (Klein 1999, 2005) and the features argument (Fantl 2003). I've addressed the former elsewhere (Turri 2009a). Here I address the latter.Jeremy Fantl argues that infinitism outshines foundationalism because infinitism alone can explain two of epistemic justification's crucial features, namely, that it comes in degrees and can be complete. This paper demonstrates foundationalism's ample resources for explaining both features.Section II clarifies the (...) debate's key terms. Section III recounts how infinitism explains the two crucial features. Section IV presents Fantl's argument .. (shrink)
Based on a recently published essay by Jeremy Gwiazda, I argue that the possibility that the present state of the universe is the product of an actually infinite series of causally-ordered prior events is impossible in principle, and thus that a major criticism of the Secunda Via of St. Thomas is baseless after all.
Doubts about the origin of Bentham's formula, ‘the greatest happiness of the greatest number’, were resolved by Robert Shackleton thirty years ago. Uncertainty has persisted on at least two points. (1) Why did the phrase largely disappear from Bentham's writing for three or four decades after its appearance in 1776? (2) Is it correct to argue (with David Lyons in 1973) that Bentham's principle is to be differentially interpreted as having sometimes a ‘parochial’ and sometimes a ‘universalist’ bearing? These issues (...) are reopened here with particular reference to textual evidence overlooked in earlier discussions and contextual evidence on the development of Bentham's radicalism in the last two decades of his life. In conclusion some broader issues are raised concerning the character of Bentham's understanding of ‘happiness’ itself. (shrink)
I try in this essay to accomplish two things. First I offer some first thoughts toward a clarification of the ethical foundations of private property rights that avoids pitfalls common to more strictly Lockean theories, and is thus better prepared to address arguments posed by critics of standard private property arrangements. Second, I'll address one critical argument that has become pretty common over the years. While versions of the argument can be traced back at least to Pierre Joseph Proudhon, I'll (...) focus on a formulation given it by Jeremy Waldron. The basic idea is that the only sound arguments for private property rights lead to the conclusion that society has an obligation to insure that every citizen possess private property. In Waldron's formulation, what is justifiable is a general, rather than a special, right to private property. I shall try to suggest that this conclusion is unwarranted. (shrink)
