What does it mean for someone to have a moral right to something? What kinds of creatures can have rights, and which rights can they have? While rights are indispensable to our moral and political thinking, they are also mysterious and controversial; as long as these controversies remain unsolved, rights will remain vulnerable to skepticism. Here, Sumner constructs both a coherent concept of a moral right and a workable substantive theory of rights to provide the moral foundation necessary to dispel (...) such doubts. (shrink)

Can moral judgements be true or false? Can rational methods be applied to ethics? In this landmark study, Sprigge gives an account of how philosophers have tackled these questions and puts forward his own theory on the matter.

In February 1828 a Royal Commission was appointed to examine the law of Real Property of England and Wales. The Commission sat for four years and examined a vast amount of material, recommended certain changes in the law, and drafted several bills for consideration by parliament. Four massive reports were eventually presented to parliament in May 1829, June 1830, May 1832, and lastly in April 1833. As a result parliament enacted a limited number of piecemeal reforms, but did not attempt (...) a major revision of the law. (shrink)

The disordered state of English law reporting has for long been a favoured theme of writers on the common law. The volume of printed case law, the casual nature of its publication and its variable quality have all been frequently criticized. If earlier centuries had been largely content to express intermittent displeasure, in the nineteenth century concrete solutions were found, the obvious product of this bid to achieve a rational system of law reporting being the Incorporated Council of Law Reporting (...) and its authoritative series of Law Reports. But if ultimately reform of the system was only realized once the profession seized the initiative in the middle of the nineteenth century, it would be an error to suppose that schemes for reform had not been conceived in earlier times. After all, only by a miracle could anything as blatantly haphazard as the quality of law reporting have escaped the strictures of major reformers. (shrink)

In 1821, John Bowring published, probably with only his own additions, a manuscript of Bentham's under the title of Observations on the restrictive and prohibitory commercial system: especially with a reference to the Decree of the Spanish Cortes of July 1820. It seems likely that Bentham's text was originally conceived as an appendix to a work that Bentham never published, ‘Rid Yourselves of Ultramaria’, a commentary on Spanish colonization.

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)

David Hume, Adam Smith, Jeremy Bentham and John Stuart Mill are often viewed as contributors to or participants in a common tradition of thought roughly characterized as ‘the liberal tradition’ or the tradition of ‘bourgeois ideology’. This view, however useful it may be for polemical or proselytizing purposes, is in some important respects historiographically unsound. This is not to deny the importance of asking what twentieth-century liberals or conservatives might find in the works of, say, David Hume to support their (...) respective ideological persuasions. It is only to insist that attempts to use selected arguments, or parts of arguments, from great eighteenth-century thinkers to shore up twentieth-century programmatic political positions must be categorically distinguished from attempts to understand what Hume, Smith, Bentham or Mill actually meant, or could imaginably have meant, to say. (shrink)

Hume famously argues that Social Contract theory collapses into a form of utilitarianism. Bentham endorses Hume's argument. I show that, if Hume's argument refutes Social Contract theory, it equally undermines Bentham's own utilitarian account of political obligation. This discussion is used to illustrate a more general thesis that there is no single problem of political obligation, but different problems for different theorists.

Bentham was an influential thinker with an ‘essentially practical mind’. His influence on British social and political reform, however, was indirect, coming largely after his death and largely through the work of his disciples. Bentham's own attempts to put his ideas directly into practice generally had little effect. He came closest to success in the area of penal policy, winning a contract from Pitt's government in the early 1790s to build and manage a penitentiary that was to be organized on (...) the panopticon principle. Bentham saw the penitentiary as the spearhead of prison reform and as a means of effecting a change from transportation to imprisonment as a punishment for serious crime. While Bentham's use of the panopticon principle itself has attracted most attention in the literature, there was more to his scheme than this. The penitentiary proposals were worked out in great detail, they were a conscious application of his theory of punishment, and they were consistent with and an element of his all-embracing plan of social, political, and constitutional reform. (shrink)

The object of this article is to examine, with the work of Jeremy Bentham as the principal example, one strand in the complex pattern of European social theory during the second half of the eighteenth century. This was of course the period not only of the American and French revolutions, but of the culmination of the movements of thought constituting what we know as the Enlightenment. Like all great historical episodes, the Enlightenment was both the fulfilment of long-established processes and (...) the inauguration of new processes of which the fulfilment lay in the future. Thus the seminal ideas of seventeenth-century rationalism realized and perhaps exhausted their potentialities in the eighteenth-century Enlightenment. The ideas with which this article is concerned, however—conveniently grouped and labelled as the ideas of utilitarianism—only began to achieve systematic development in these later decades of the eighteenth century. Within that period—during the first half and more of Bentham's long life—attempts to apply those ideas to the solution of social problems met largely with failure and frustration. Yet unrealized potentialities remained, the realization of which was reserved for a time when the world of the philosophes no longer existed. The movements for social and political reform which have played so large a part in modern history since the French Revolution may be judged in widely differing ways; but whatever the verdict, these movements surely cannot be understood without due consideration of that part of their origins which lies in eighteenth-century utilitarianism. (shrink)

My object in this paper is to suggest a few reflections on some themes in Bentham's work which others as well as I have noted, without perhaps developing them as fully as might with advantage be done. There will be nothing like full development in the limited compass of what is said here, but what is said may at least indicate possible directions for further exploration. The greater part of the paper will be concerned with the notion of natural authority; (...) but I want to begin by taking a broader, though no doubt rather superficial, view of the role in Bentham's thinking of the concepts of ‘nature’ and ‘the natural’. (shrink)

In the years 1829 and 1830 there appeared in Geneva a short-lived journal called l'Utilitaire, edited by Antoine-Élysée Cherbuliez. In the preface to the first issue, the editor wrote that he was working ‘in the spirit of Bentham’, but did not wish to found a party tied to Bentham's name. He wished to emulate Bentham's thinking in so far as it was synonymous with a detached, neutral perspective on the world, a viewpoint superior to the strife of factions. Having spoken (...) eulogisti-cally of Bentham in these terms, the writer added that a well-merited share of the Englishman's glory belonged to Dumont. The names of Jeremy Bentham and Étienne Dumont ‘must no more be separated than those of Kepler and Newton’. After giving some consideration to the question of why Dumont's work was so important for Bentham, I shall concentrate in this article on why the Genevan became so committed to the task of disseminating the utilitarian thought of his English mentor. I will be focusing on the initial stages of Dumont's editorial and translation work in the 1790s and will not be attempting here to give a comprehensive history of a relationship that lasted nearly forty years. (shrink)

F. A. Hayek has had great influence upon recent political thought. Though he presents no organized account of Bentham his many references, mostly uncomplimentary, create the impression that Bentham's presentation was characteristically ‘crudely expressed’ and ‘naive’, and that Benthamite constructivism has been a major threat to individual liberty and a precursor of totalitarian social control. While Hayek has made a valuable contribution to the study of political ideas, this caricature has probably discouraged his readers from studying Bentham. It will be (...) argued, however, that Bentham and Hayek share much common ground, and that an appreciation of the ways in which Bentham's position differs from Hayek's may contribute to a useful critique of Hayek's system. (shrink)

The latest important addition to The Collected Works of Jeremy Bentham, these essays lend credence to Bentham's claim that his ideas were `for the use of all nations and all governments professing liberal opinions'.

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 thinking of these philosophers is examined to assess the extent to which science affected their theories of social and political life. The book shows that the general notion of English liberalism being grounded in science is incorrect. It offers a broad study of the interface between theories of science and liberal political thought and sheds new light on the four philosophers.

A stimulating introduction to central issues of political theory, including liberty, rights and the state, and the claims of need and politics.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Bentham scholarship has concentrated on certain aspects of his thought: this collection reflects that bias. Most of the articles are published since 1950, but those of his contemporaries show how his ideas became politically influential. This is an important new contribtion that will be of great use to scholars with an interest in this key thinker.

It is an indispensable secondary source which aims to situate, explain, and provoke thought about the major works of political theory likely to be encountered ...

This book describes the adventures in Russia of Samuel Bentham, the brother of the famous law-reformer, Jeremy Bentham. Shipbuilder, technical expert and inventor, his talents were employed for several years in serving the government of Catherine II, involving him in activities both in peace and war, and in extensive travel through the Russian Empire. The Russian court, war against the Turks, commercial enterprise in Siberia, are a few of the themes illuminated by his correspondence which forms the basis for this (...) book. (shrink)

Bauman analyzes freedom as a social relation rather than as an idea or postulate. Throughout history, he shows, freedom was a privilege enjoyed in relation to either superior or weaker power. Today, "seduction" tends to replace repression as a means of social control, and individual freedom is, above all, freedom of the consumer. A paper edition is available. Annotation copyrighted by Book News, Inc., Portland, OR.

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)

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)

At the end of the eighteenth century, Jeremy Bentham devised a scheme for a prison that he called the panopticon. It soon became an obsession. For twenty years he tried to build it; in the end he failed, but the story of his attempt offers fascinating insights into both Bentham's complex character and the ideas of the period. Basing her analysis on hitherto unexamined manuscripts, Janet Semple chronicles Bentham's dealings with the politicians as he tried to put his plans into (...) practice. She assesses the panopticon in the context of penal philosophy and eighteenth-century punishment and discusses it as an instrument of the modern technology of subjection as revealed and analysed by Foucault. Her entertainingly written study is full of drama: at times it is hilariously funny, at others it approaches tragedy. It illuminates a subject of immense historical importance and which is particularly relevant to modern controversies about penal policy. (shrink)

Exploring the connection between Bentham and Byron forged by the Greek struggle for independence, this book focuses on the activities of the London Greek Committee, supposedly founded by disciples of Jeremy Bentham, which mounted the expedition on which Lord Byron ultimately met his death in Greece. Rosen's penetrating study provides a new assessment of British philhellenism and examines for the first time the relationship between Bentham's theory of constitutional government and the emerging liberalism of the 1820s. Breaking new ground in (...) the history of political ideas and culture in the early nineteenth century, Rosen advances striking new interpretations based on recently published texts and manuscript sources of the development of constitutional theory from Locke and Montesquieu, the conflicting strands of liberalism in the 1820s, and the response in Britain to strong claims for national self-determination in the Mediterranean basin. He sets out to distinguish between Bentham's theory and the ideological context against which it is usually interpreted. (shrink)

Drawing extensively on Bentham's unpublished civil and distributive law writings, classical and recent Bentham scholarship, and contemporary work in moral and political philosophy, Kelly here presents the first full-length exposition and sympathetic defense of Bentham's unique utilitarian theory of justice. Kelly shows how Bentham developed a moderate welfare-state liberal theory of justice with egalitarian leanings, the aim of which was to secure the material and political conditions of each citizen's pursuit of the good life in cooperation with each other. A (...) striking and original addition to the growing literature on Bentham's legal and political thought, this incisive study also makes a valuable contribution to contemporary political philosophy. (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)