Principles of legislation.--Principles of the civil code.--Principles of the penal code.

The present edition of 'Of the Limits of the Penal Branch of Jurisprudence' supersedes 'Of Laws in General,' edited by H.L.A. Hart and published by the Athlone Press in 1970, as a volume in The Collected Works of Jeremy Bentham." --P. xi.

This chapter contains section titled: Of the Principle of Utility Of Principles Adverse to that of Utility Of the Four Sanctions or Sources of Pain and Pleasure Value of a Lot of Pleasure or Pain, How to be Measured Pleasures and Pains, Their Kinds.

Quizás sea lícito decir que este Tratado de los Sofismas Políticos es, en alguna medida, el libro síntesis de toda la obra de Jeremías Bentham, porque con demoledora lógica se aplica a mostrar las inconsistencias y falacias de los opositores a la deliberación política, vale decir, al ejercicio de la democracia, en última instancia. Bentham es una figura que espera el reconocimiento de los americanos todos, en la medida en que impulsó con su racionalismo revolucionario (valga la contradicción), (...) la capacidad de todo el continente americano para constituirse como un ámbito de libertad, frente a la opresión colonial europea. Es conocida su correspondencia con grandes figuras de la emancipación americana, y con Bernardino Rivadavia entre nosotros. Todavía no lo hemos ubicado suficientemente en nuestra conciencia ideológica. (shrink)

I. Principles of legislation. Principles of the civil code.--II. Principles of the penal code.

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.

The first five volumes of the Correspondence of Jeremy Bentham contain over 1,300 letters written both to and from Bentham over a 50-year period, beginning in 1752 (aged three) with his earliest surviving letter to his grandmother, and ending in 1797 with correspondence concerning his attempts to set up a national scheme for the provision of poor relief. Against the background of the debates on the American Revolution of 1776 and the French Revolution of 1789, to which he (...) made significant contributions, Bentham worked first on producing a complete penal code, which involved him in detailed explorations of fundamental legal ideas, and then on his panopticon prison scheme. Despite developing a host of original and ground-breaking ideas, contained in a mass of manuscripts, he published little during these years, and remained, at the close of this period, a relatively obscure individual. Nevertheless, these volumes reveal how the foundations were laid for the remarkable rise of Benthamite utilitarianism in the early nineteenth century. Bentham’s early life is marked by his extraordinary precociousness, but also family tragedy: by the age of 10 he had lost five infant siblings and his mother. The letters in this volume document his difficult relationship with his father and his increasing attachment to his surviving younger brother Samuel, his education, his interest in chemistry and botany, and his committing himself to a life of philosophy and legal reform. (shrink)

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.

The new critical edition of the works and correspondence of Jeremy Bentham 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 Bentham Project is delighted to announce a call for papers for “Bentham and Australia: Convicts, Utility, and Empire”, a conference to be held at University College London on 11-12 April 2019 to mark the forthcoming publication of Writings on Australia, a volume of The Collected Works of Jeremy Bentham. The conference will explore themes such as the influence and impact of Bentham’s ideas on the theory and practice of punishment in convict Australia, on advocates and (...) opponents of co... (shrink)

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)

The material in this volume constitutes a philosophical commonplace book, compiled by Bentham in the mid-1770s, in which he worked out the foundational ideas for his new science of legislation. One of Bentham's central concerns was the development of an adequate ontological and epistemological basis for legal terminology, and the replacement of the traditional terminology of English law with that of universal jurisprudence. Preparatory Principles constitutes a remarkable record of the evolving ideas of a major legal philosopher at (...) a formative stage of his career. (shrink)

One of the earliest and best-known of Bentham's works, the Introduction to the Principles of Morals and Legislation sets out a profound and innovative philosophical argument. This definitive edition includes both the late H. L. A. Hart's classic essay on the work and a new introduction by F. Rosen.

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)

The Panopticon project for a model prison obsessed the English philosopher Jeremy Bentham for almost 20 years. In the end, the project came to nothing; the Panopticon was never built. But it is precisely this that makes the Panopticon project the best exemplification of Bentham’s own theory of fictions, according to which non-existent fictitious entities can have all too real effects. There is probably no building that has stirred more philosophical controversy than Bentham’s Panopticon. The Panopticon is (...) not merely, as Foucault thought, “a cruel, ingenious cage”, in which subjects collaborate in their own subjection, but much more—constructing the Panopticon produces not only a prison, but also a god within it. The Panopticon is a machine which on assembly is already inhabited by a ghost. It is through the Panopticon and the closely related theory of fictions that Bentham has made his greatest impact on modern thought; above all, on the theory of power. The Panopticon writings are frequently cited, rarely read. This edition contains the complete “Panopticon Letters”, together with selections from “Panopticon Postscript I” and “Fragment on Ontology”, Bentham’s fullest account of fictions. A comprehensive introduction by Miran Bozovic explores the place of Panopticon in contemporary theoretical debate. (shrink)

Introduction, by C.K. Ogden.--The theory of fictions, by Jeremy Bentham.

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 following sheets were, as the note on the opposite page expresses, printed so long ago as the year 1780. 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 word utiliarianism was coined by Jeremy Bentham in 1781 in a letter to friend in which he said: "A new religion would be an odd sort of thing without a name." While the doctrine never quite became a religion, its thesis, as expressed by Mill in the first essay in this volume-that the good and right are to be defined as that which promotes happiness-became the dominant naturalistic theory of the nineteenth century and provided the moral basis for (...) classical liberalism. (shrink)

Introduction The ‘Bentham and Australia’ conference took place on 11-12 April 2019 at University College London. It was hosted by the Bentham Project to mark the forthcoming publication of Bentham's Writings on Australia, a new volume edited by Tim Causer and Philip Schofield, as part of the on-going edition of The Collected Works of Jeremy Bentham. Corpus In a format the Bentham Project had already tested in previous events, the ‘Bentham and Australia’ conference saw (...) Bentham and non-Bentham... (shrink)

The essential texts and key ideas of Jeremy Bentham, English philosopher, jurist, and social reformer, who is viewed as the founder of modern utilitarianism.

Excerpt from Traites de Legislation Civile Et PenaleMais ce n'est pas un panegyrique que je fais. Il faut bien avouer que le soin d'arranger et de polir a peu d' attraits pour le genie de l'auteur. Tant qu'il est pousse par une force creatrice, il ne sent que le plaisir de la composition. S'agit-il de donner des formes, de rediger, de finir, il n'en sent plus que la fatigue. Que l'ouvrage soit interrompu, le mal est irreparable: le charme disparait, le (...) degout succede, et la passion eteinte ne se rallume que pour un objet nouveau.La meme disposition l'a eloigne de contribuer a la redaction que je donne au public; je n'ai pu Obtenir que rarement les eclaircissements et les secours dont j'avais besoin il lui en coutait tr0p de suspendre le cours actuel de ses idees pour revenir sur d'anciennes traces.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Bentham offers a detailed critique of William Blackstone's 'Commentaries on the Laws of England' (1765-9).

This volume opens with the marginal contents corresponding to Bentham's first sustained discussions, now lost, of political economy and public finance, written in French, probably in 1786, for Projet Matière; three related appendices follow. Defence of Usury was published in 1787, and was well received and quickly translated. In preparing a second edition in 1790, Bentham drafted considerable additional material which is reproduced in five appendices. Also in 1790 Bentham began an introductory handbook Manual of Political Economy, (...) the surviving text of which is supplemented by seven appendices containing preparatory materials. A Protest against Law Taxes, Bentham's trenchant denunciation of the denial of justice to the poor, written in 1793, published in 1795, and extended in 1816, closes the volume. (shrink)

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)

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'.

Political Tactics, composed for the Estates General just before the French Revolution, is one of Bentham's most original works. It contains the earliest and perhaps most important theoretical analysis of parliamentary procedure ever written. It was subsequently translated into many languages and has had a far-reaching influence -- as recently as the early 1990s it was reprinted by the Spanish Cortes.

A critical edition of three works of Bentham, Deontology and The Article on Utilitarianism were previously unpublished. Together with An Introduction to the Principles of Morals and Legislation, they provide a comrehensive exposition of Bentham's views. Based entirely on manuscripts by Bentham of his amanuenses, this edition's full introduction linking the three works. Each work is supplemented with detailed and critical notes.

This is the first Italian translation of Bentham’s “Deontology”. The translation goes with a rather extended apparatus meant to provide the reader with some information on Bentham’s ethical theory's own context. Some room is made for so-called forerunners of Utilitarianism, from the consequentialist-voluntarist theology of Leibniz, Malebranche, John Gay, Thomas Brown and William Paley to Locke and Hartley's incompatible associationist theories. After the theoretical context, also the real-world context is documented, from Bentham’s campaigns against the oppression of (...) women and cruelty to animals to his projects of political reform. Another section illustrates the ideas of Bentham's followers as well as the objections raised by nineteenth- and twentieth-century critics of utilitarianism. -/- Table of contents I. BEFORE THE TEXT 1. Bentham’s legacy 2. Bentham the Reformer 3. Bentham and the enlightenment project of a reformed morality 4. The principle of utility 5. Deontology or private morality 6. Utilitarianism as «eudemonologism» -/- II. TEXT Deontology I. Deontology: theoretical II. Deontology: practical III. -/- III. CO-TEXT 1. Biography 2. The reform of legislation 3. The Philosophic Radicals between the French revolution and the Industrial revolution -/- IV. CONTEXT 1. Forerunners of Utilitarianism 2. Psychological associationism 3. The oppression of women 4. Cruelty against animals 5. Parsimony and industry in Hogarth’s prints 6. Followers 6.1. John Stuart Mill 6.2. Henry Sidgwick 7. Critics 7.1. Romantic, conservative, and Christian critics 7.2. Socialist critics 8. Consequences: neo-utilitarianism 9. Consequences: critics of utilitarianism 9.1. Deontological critics 9.2. Perfectionists critics 9.3. Sceptical critics 10. Bentham’s legacy for contemporary ethics, by Bikhu Parekh Bibliography Lexicon Index of names and concepts -/- READER'S GUIDE . (shrink)

Bentham's central concern during the 1810s and 1820s was with the codification of the law. Rejecting both the common law and the historical approach to codification, he argued that a code of law should be based on a rigorous logical analysis of the categories of human action, and that each enactment should be followed by the reasons which justified it. Such an `all-comprehensive' code containing an `interwoven rationale' would signal a new era in legislation. Once one state had adopted (...) such a code, other states would be obliged to follow its example, and Bentham would become in effect 'legislator of the world'. Bentham attempted to persuade legislative authorities in the United States of America, Russia, Spain, Portugal, Greece, South and Central America, and elsewhere, to invite him to draft a code of law for them. The works presented in this volume record in fascinating detail Bentham's dealings with such eminent figures as James Madison, John Quincy Adams, Emperor Alexander I, Prince Adam Czartoryski, Alexander Mavrokordatos, Bernadino Rivadavia, and José del Valle. The production of a methodology for codification ranks as one of Bentham's outstanding theoretical achievements. Through the materials presented in this volume he emerges as a seminal figure in the development of liberalism throughout Europe and America in the early nineteenth century. (shrink)

Excerpt from Traites de Legislation Civile Et PenaleMais ce n'est pas un panegyrique que je fais. Il faut bien avouer que le soin d'arranger et de polir a peu d' attraits pour le genie de l'auteur. Tant qu'il est pousse par une force creatrice, il ne sent que le plaisir de la composition. S'agit-il de donner des formes, de rediger, de finir, il n'en sent plus que la fatigue. Que l'ouvrage soit interrompu, le mal est irreparable: le charme disparait, le (...) degout succede, et la passion eteinte ne se rallume que pour un objet nouveau.La meme disposition l'a eloigne de contribuer a la redaction que je donne au public; je n'ai pu Obtenir que rarement les eclaircissements et les secours dont j'avais besoin il lui en coutait tr0p de suspendre le cours actuel de ses idees pour revenir sur d'anciennes traces.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Much of Bentham's correspondence of this period is concerned with his persistent but eventually unsuccessful efforts to secure the implementation of his Panopticon penitentiary scheme. The letters also throw light on his work in other fields, especially public finance and the reform of the police.

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)

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)