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)

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)

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)

The full range of Bentham's engagement with Blackstone's view of law is beyond the scope of a single article. Yet it is important to recognize at the outset, even in a more restricted enquiry into the matter, that the engagement, begun when Bentham, not quite sixteen years of age, started to attend Blackstone's Oxford lectures, was indeed a lifelong affair. Whatever Bentham had in mind when, at the age of eighty, in 1828, he began to write a (...) work entitled ‘A familar view of Blackstone: or say Blackstone familiarized’, the manuscripts at least suffice to prove that ‘Our Author’ was still in the forefront of his mind at that octogenarian but still indefatigably active stage of his career. Every aspect of Bentham's multifarious intellectual activity over the intervening decades had been touched in some measure by his response to Blackstone's ideas. It still seems true to say what was said a dozen years ago: It would be an exaggeration to say that Bentham elaborated his own conception of law by way of a constant and conscious dialectic with the views of Blackstone. But it would be an exaggeration for which the evidence would afford some excuse. (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)

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)

The ethical foundations of the “animal liberation” movement are compared with those of Aldo Leopold’s “land ethic,” which is taken as the paradigm for environmental ethics in general. Notwithstanding certain superficial similarities, more profound practical and theoretical differences are exposed. While only sentient animals are moraIly considerable according to the humane ethic, the land ethic includes within its purview plants as weIl as animals and even soils and waters. Nor does the land ethic prohibit the hunting, killing, and eating ofcertain (...) animal species, in sharp contrast to the humane ethic. The humane ethic rests upon Benthamic foundations: pain is taken to be the ultimate evil and it is reductive or atomistic in its moral focus. The land ethic, on the other hand, is holistic in the sense that theintegrity, stability, and beauty of the biotic community is its summum bonum. A classical antecedent of some of the formal characteristics of the land ethic is found in Plato’s moral philosophy. Special consideration is given to the differing moral status of domestic and wild animals in the humane and land ethics and to the question of moral vegetarianism. (shrink)

The ethical foundations of the “animal liberation” movement are compared with those of Aldo Leopold’s “land ethic,” which is taken as the paradigm for environmental ethics in general. Notwithstanding certain superficial similarities, more profound practical and theoretical differences are exposed. While only sentient animals are moraIly considerable according to the humane ethic, the land ethic includes within its purview plants as weIl as animals and even soils and waters. Nor does the land ethic prohibit the hunting, killing, and eating ofcertain (...) animal species, in sharp contrast to the humane ethic. The humane ethic rests upon Benthamic foundations: pain is taken to be the ultimate evil and it is reductive or atomistic in its moral focus. The land ethic, on the other hand, is holistic in the sense that theintegrity, stability, and beauty of the biotic community is its summum bonum. A classical antecedent of some of the formal characteristics of the land ethic is found in Plato’s moral philosophy. Special consideration is given to the differing moral status of domestic and wild animals in the humane and land ethics and to the question of moral vegetarianism. (shrink)

The ethical foundations of the “animal liberation” movement are compared with those of Aldo Leopold’s “land ethic,” which is taken as the paradigm for environmental ethics in general. Notwithstanding certain superficial similarities, more profound practical and theoretical differences are exposed. While only sentient animals are moraIly considerable according to the humane ethic, the land ethic includes within its purview plants as weIl as animals and even soils and waters. Nor does the land ethic prohibit the hunting, killing, and eating ofcertain (...) animal species, in sharp contrast to the humane ethic. The humane ethic rests upon Benthamic foundations: pain is taken to be the ultimate evil and it is reductive or atomistic in its moral focus. The land ethic, on the other hand, is holistic in the sense that theintegrity, stability, and beauty of the biotic community is its summum bonum. A classical antecedent of some of the formal characteristics of the land ethic is found in Plato’s moral philosophy. Special consideration is given to the differing moral status of domestic and wild animals in the humane and land ethics and to the question of moral vegetarianism. (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)

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)

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.

In dealing with concern for fellow human beings, sentient animals, and the enviroment, Christopher D. Stone suggests that a single agent adopt a different ethical theory---e.g., Kant’s, Bentham’s, Leopold’s---for each domain. Ethical theories, however, and their attendant rules and principles are embedded in moral philosophies. Employing Kant’s categorical imperative in this case, Bentham’s hedonic caIculus in that, and Leopold’s land ethic in another, a single agent would therefore have either simultaneously or cyclically to endorse contradictory moral philosophies. Instead, (...) I suggest that different and sometimes conflicting duties and obligations are generated by an agent’s membership in multiple moral communities. Peter Wenz, Gary Varner, Andrew Brennan, Anthony Weston, and Eugene Hargrove, among others, variously misunderstand either what is at issue in the monism versus pluralism debate in environmental ethics or my suggested communitarian altemative to the sort of pluralism that Stone recommends. (shrink)

The classical utilitarian legacy of Jeremy Bentham, J. S. Mill, James Mill, and Henry Sidgwick has often been charged with both theoretical and practical complicity in the growth of British imperialism and the emerging racialist discourse of the nineteenth century. But there has been little scholarly work devoted to bringing together the conflicting interpretive perspectives on this legacy and its complex evolution with respect to orientalism and imperialism. This volume, with contributions by leading scholars in the field, represents the (...) first attempt to survey the full range of current scholarly controversy on how the classical utilitarians conceived of 'race' and the part it played in their ethical and political programs, particularly with respect to such issues as slavery and the governance of India. The book both advances our understanding of the history of utilitarianism and imperialism and promotes the scholarly debate, clarifying the major points at issue between those sympathetic to the utilitarian legacy and those critical of it. (shrink)

In dealing with concern for fellow human beings, sentient animals, and the enviroment, Christopher D. Stone suggests that a single agent adopt a different ethical theory---e.g., Kant’s, Bentham’s, Leopold’s---for each domain. Ethical theories, however, and their attendant rules and principles are embedded in moral philosophies. Employing Kant’s categorical imperative in this case, Bentham’s hedonic caIculus in that, and Leopold’s land ethic in another, a single agent would therefore have either simultaneously or cyclically to endorse contradictory moral philosophies. Instead, (...) I suggest that different and sometimes conflicting duties and obligations are generated by an agent’s membership in multiple moral communities. Peter Wenz, Gary Varner, Andrew Brennan, Anthony Weston, and Eugene Hargrove, among others, variously misunderstand either what is at issue in the monism versus pluralism debate in environmental ethics or my suggested communitarian altemative to the sort of pluralism that Stone recommends. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

James Collins writes that some modern philosophers have not been given revisionary treatment by their critics.This is the case with Wolff, Bentham, and Comte, who are held fast in their respective categories of rationalism and utilitarianism and positivism, with only minor flurries of research aimed at reconsidering them from a fresh angle.Fortunately, Bentham's day has now come, and we have in David Lyons’ In the Interest of the Governed, a major new interpretation. Lyons permits us to continue to (...) call Bentham a “utilitarian,” but we have to revise what we understand by the term in this context. (shrink)

This article examines Bentham's contribution to anti-colonial thought in the context of the development of the British radical movement that attacked colonialism on the grounds that it advantaged what Bentham called the at the expense of the . It shows that Bentham was influenced as much by Josiah Tucker and James Anderson as by Adam Smith. Bentham's early economic critique is examined, and the sharp changes in his arguments after 1800 assessed, in the context of the (...) American and French Revolutions and the effects of British industrialization. The article also highlights the importance of Bentham's writings inspired by the Spanish colonial crisis of the early 1820s. They show developments in his economic analysis and include some very acute discussions of the psychological satisfactions that elites could gain from colonialism. The article ends with a brief comparison between Bentham and later radical thinkers to put his ideas in context. (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.

Introduction: Doing the right thing -- Utilitarianism : Bentham and J.S. Mill -- Libertarianism -- John Locke -- Markets and morals -- Immanuel Kant -- John Rawls -- Affirmative action -- Aristotle -- Liberals and communitarians -- Conclusion: Reconnecting politics and morals.

In the paper I offer a brief sketch of one of the sources of utilitarianism. Our biological ancestry is a matter of fact that is not altered by the way we describe ourselves. With philosophical theories it is otherwise. Utilitarianism can be described in ways that make it look as if it is as old as moral philosophy – as J. S. Mill thought it was. For my historical purposes, it is more useful to have an account that brings out (...) what is specific about Benthamism and its descendants. Let us try to make do with the following. First, utilitarianism asserts that the fundamental requirement of morality is that we are to maximize good, for everyone and not just for the agent. This basic principle presupposes that it makes sense to think of aggregating goods to make a total, and of comparing amounts of good thus aggregated. Second, the good to be brought about is located in feelings of pleasure, and the evil to be avoided in feelings of pain. These feelings have inherent value or disvalue regardless of how they are caused to exist and regardless of their own consequences. Third, all moral principles can be derived from the requirement that good be maximized. The principles involved in evaluating agents as well as in giving moral direction to action are nothing but applications of the basic principle. (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.

Rosen argues that Bentham's utilitarian doctrine was sensitive to distributive concerns and would not countenance sacrifice of fundamental individual interests for aggregate gains in happiness in society. This essay seeks to extend and deepen Rosen's argument. It is argued that Bentham's equality-sensitive principle of utility is an expression of an individualist conception of human happiness which contrasts sharply with the orthodox utilitarian abstract conception. Evidence for this interpretation of the basic motivation of Bentham's doctrine is drawn from (...) his view of the relationship between happiness and expectations, from various expressions of his ‘each to count for one’ formula, and from his reformulations of the principle of utility itself late in his career. (shrink)

The basic concept of Bentham's moral and political philosophy was public utility. He linked it directly with the concept of the universal interest, which comprises a distinctive partnership of the interests of all members of the community. The ultimate end of government and aim of all of morality is ‘the advancement of the universal interest’. This essay articulates the structure of Bentham's notion of universal interest and locates it in his theory of value.

This chapter contains section titled: Is and Ought Public Justification and the Principle of Utility Pestilential Nonsense: Rights, Justice, and Utility The Calculus of Pleasure Problems about Pleasure Interests Equality The Universal Interest References and further reading.

Suppose two players wish to divide a finite set of indivisible items, over which each distributes a specified number of points. Assuming the utility of a player’s bundle is the sum of the points it assigns to the items it contains, we analyze what divisions are fair. We show that if there is an envy-free (EF) allocation of the items, two other desirable properties—Pareto-optimality (PO) and Maximinality (MM)—can also be satisfied, rendering these three properties compatible. But there may be no (...) EF division, in which case some division must satisfy a modification of Bentham’s (1789/2017) “greatest satisfaction of the greatest number” property, called maximum Nash welfare (MNW), that satisfies PO. However, an MNF division may be neither MM nor EFX, which is a weaker form of EF. We conjecture that there is always an EFX allocation that satisfies MM, ensuring that an allocation is maximin, precisely the property that Rawls (1971/1999) championed. We discuss four broader philosophical implications of our more technical analysis. (shrink)

The phenomenon of ambivalence is an important one for any philosophy of action. Despite this importance, there is a lack of a fully satisfactory analysis of the phenomenon. Although many contemporary philosophers recognize the phenomenon, and address topics related to it, only Harry Frankfurt has given the phenomenon full treatment in the context of action theory - providing an analysis of how it relates to the structure and freedom of the will. In this paper, I develop objections to Frankfurt's account, (...) all revolving around the charge that his account contains a serious ambiguity between willing and identifying. With such objections in place, I then develop an analysis that avoids the difficulties and ambiguities that Frankfurt's analysis is prey to. I briefly distinguish ambivalence from other types of internal conflict. This paper aims to offer conceptual clarification on the phenomenon of ambivalence, which will then allow for discussions about the normative merits and demerits of ambivalence, the effects of ambivalence on autonomous action, and methods of resolution of ambivalence. (shrink)

Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of (...) Nations, he neither adopted a Smithian vocabulary for addressing questions of economic principle and policy, nor did he accept many of the distinctive features of Smith's economic theory. One consequence of this was that Bentham played almost no part in the development of the emerging science of political economy in the early nineteenth century. The standard histories of economics all emphasize how little he contributed to the mainstream of late eighteenth and early nineteenth-century debate by concentrating attention on his utilitarianism and the psychology of hedonism on which it is premised. Others have argued that the calculating nature of his theory of practical reason reduced the whole legislative project to a crude attempt to apply economics to all aspects of social and political life. Put at its simplest this argument amounts to the erroneous claim that Bentham's science of legislation is reducible to the science of political economy. A different but equally dangerous error would be to argue that because Bentham's conception of the science of legislation comprehends all the basic forms of social relationships, there can be no science of political economy as there is no autonomous sphere of activity governed by the principles of economics. This approach is no doubt attractive from an historical point of view given that the major premise of this argument is true, and that many of Bentham's ‘economic’ arguments are couched in terms of his theory of legislation. Yet it fails to account for the undoubted importance of political economy within Bentham's writings, not just on finance, economic policy, colonies and preventive police, but also in other aspects of his utilitarian public policy such as prison reform, pauper management, and even constitutional reform. All of these works reflect a conception of political economy in its broadest terms. However, this conception of political economy differs in many respects from that of Bentham's contemporaries, and for this reason Bentham's distinctive approach to problems of economics and political economy has largely been misunderstood. (shrink)

The publication of a further volume in Father Copleston’s single-handed History of Western Philosophy is as notable an event as the persevering industry of his nineteenth century subjects. In this stout tome he devotes some 500 pages of text, reinforced with 50 pages of bibliography and an index, to the traditional development of empiricism in British and American thinking and to its interplay with nineteenth century idealism. On this select principle five parts divide naturally: I expounds the evolution from the (...) original utilitarianism of Bentham to the systematic positivism of Spencer, linked by two capital chapters upon J S Mill; II and III examine the portentous development of idealism in Britain and the United States respectively; IV presents the movement of pragmatism from Peirce to Dewey, while V charts the revival of realism, in revolt against idealism, particularly in the works of Moore and Russell whose three culminating chapters usher in contemporary philosophy. Such a traditional classification fails to embrace all distinguished thinkers. An epilogue briefly considers the revolutionary concepts of the nature and scope of philosophy proposed by Wittgenstein, and an appendix expounds Cardinal Newman’s earlier philosophical defence of religious belief—with this characteristic conclusion. (shrink)

Bentham belongs to a long tradition of reflection on law according to which the nature of law can best be understood in terms of its distinctive contribution to the solution of certain deep and pervasive problems of collective action or collective rationality. I propose to take a critical look at Bentham's unique and penetrating contribution to this tradition. For this purpose I will rely on the interpretation of the main lines of Bentham's jurisprudence and its philosophical motivations (...) which I have developed inBentham and the Common Law Tradition. will not attempt further to defend it here. I wish, rather, to reflect on themes and arguments which this interpretation of Bentham's jurisprudence has uncovered. (shrink)

This paper pr o vides an o v e r vi e w of the themes presented in Bentha m ' s w ork Scotch Reform -a n e w w ork being prepared for pu b lication from Bentha m ' s manuscripts b y Oxford Un i v ersity Press as pa r t of the Collected Works of Jeremy Bentham. Attention is focused on the relationship bet w een the system of l e g al procedure (...) proposed and the under l ying principle of utili t y . T w o issues are highlighte d , the nature of Bentha m ' s anti-nomian thesis for c i vil cou r ts and the parad o x of requiring restraint on the judicial control of c i vil procedure, w hilst simultaneous l y rem o ving all r ules of action and all o wing increased judicial discretion. (shrink)

Most accounts of Jeremy Bentham deal with him as a prophet of either utilitarianism or of liberal democracy. This book discusses a less familiar but very important aspect of his political thought: his theory of how government institutions should be organised in order to function as efficient and yet responsive guardians of the community's interests. It thus focuses on his programme for he executive and judicial branches of government rather than for the legislature and the electorate. Dr Hume suggests (...) that eighteenth-century political thought was richer in ideas about government that has usually been allowed, but that Bentham's special qualities of mind enabled him to widen and deepen those ideas much further than his contemporaries could have foreseen. (shrink)

The argument of this paper is part of a general defence of the claim that Bentham's moral theory embodies a utilitarian theory of distributive justice, which is developed in his Civil Law writings. Whereas it is a commonplace of recent revisionist scholarship to argue that J. S. Mill had a developed utilitarian theory of justice, few scholars regard Bentham as having a theory of justice, let alone one that rivals in sophistication that of Mill. Indeed, Gerald J. Postema (...) in his book Bentham and the Common Law Tradition, argues that Bentham had no substantial concern with the concept of justice, and that what analysis of the concept there is in Bentham's thought is unlike the utilitarian theory of justice to be found in chapter five of J. S. Mill's Utilitarianism Although Postema's interpretation is not the only one that will be addressed in this paper, it serves as an important starting point for any rival interpretation of Bentham's ethical theory for two reasons. Firstly, it is the most comprehensive and most penetrating discussion of Bentham's utilitarian theory, drawing as it does on a wide variety of published and unpublished materials written throughout Bentham's career. Secondly, it is interesting in this particular context because the contrast that Postema draws between Bentham's and Mill's theories of justice depends upon a particular reading of Mill's theory of justice and utility which is derived from recent scholarship and which is by no means uncontroversial. As part of the defence of the claim that Bentham had a sophisticated theory of distributive justice, it will be argued in this paper that the contrast drawn between Bentham and Mill does not stand up to careful scrutiny, for insofar as Mill's theory of justice can be consistently defended it is not significantly different from the utilitarian strategy that Bentham employed for incorporating considerations of distributive justice within his theory. This is not to claim that there are not significant differences between the theories of justice of Bentham and J. S. Mill, but it is to claim that whatever technical differences exist between their theories, both writers saw the need to incorporate the concept of justice within utilitarianism. Therefore, rather than showing that Mill is an interesting thinker to the extent that he abandons his early Benthamism, by demonstrating how close Mill's theory of utility and justice is to that of Bentham, it will be possible to argue that Bentham employed a sophisticated and subtle utilitarian theory that was responsive to the sort of problems which occupied Mill a generation later. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Richard J. Arneson BENTHAMITE UTILITARIANISM AND HARD TIMES IT is commonly understood that Dickens's vaguely specified criticisms of the "Hard Facts" philosophy in Hard Times are intended as criticisms of Benthamite Utilitarianism. It is also commonly held that, on the level of theory at any rate, Dickens's criticisms are in the form of caricature so crudely painted as almost entirely to misrepresent its object. ' It would be foolish (...) to deny the presence of bathos, flat caricature, and stereotyped sentiment in this novel, or for that matter in any of Dickens's novels. But alongside the flamboyantly bad there is much stronger and subtler material. In this paper I examine the criticisms of Utilitarianism in Hard Times, and argue that Dickens's arguments possess more cogency than he is usually given credit for. It will turn out that much of the intellectual interest of the novel derives from the tension between what Dickens says to us in authorial sermons and what he shows us in the structure of his plot. One complaint Dickens offers is that Utilitarians like Thomas Gradgrind oppose fact to fancy and, in their gross worship of fact and downcrying of fancy, stifle much in human beings that is essential to their flourishing. The fact-versus-fancy theme is traceable in the novel's handling of education in the Gradgrind school, of the upbringing of the Gradgrind children, and of working-class life in industrial towns such as Coketown. Here as elsewhere Dickens means to present in tandem a criticism of the "Hard Facts" philosophy and of the society which he believed increasingly to be operating on the principles of that philosophy; hence a response to Hard Times must deal with social criticism as well as philosophical critique. What exactly is it that Gradgrind thinking aims to excise from Victorian culture by its campaign against "fancy"? Critics have objected that 60 Richard J. Arneson61 Dickens's notion of fancy comprehends only playful imagination and light-minded amusement and as such cannot bear the heavy burden of argument he rests upon it.2 In many passages of the novel fancy is indeed tantamount to play. But Dickens insists on the significance of fancy for moral education and on the continuity between light fancy and the poetical imagination that heightens moral sensibility. Fancy, nurtured in a child even in the humble pursuits of nursery rhymes and fairy tales, turns into moral imagination in an adult, who is thereby enabled to place himself in thought in the position of another, intuit his way of thinking, sense his feelings, and so acquire the knowledge and the inclination to treat the other with intelligent sympathy. That Gradgrind education frustrates this natural process is Dickens's complaint against it. It is worth calling attention to the similarity between Dickens's complaint against a vaguely discerned spirit of the times and the much more focused criticism urged by J. S. Mill against Bentham in his 1838 essay in London and Westminster Review. Bentham, says Mill, lacked himself, and failed to appreciate, a certain sort of imagination— that which enables us, by a voluntary effort, to conceive the absent as if it were present, the imaginary as if it were real, and to clothe it in the feelings which, if it were indeed real, it would bring along with it. This is the power by which one human being enters into the mind and circumstances of another. This power constitutes the poet, insofar as he does anything but melodiously utter his own actual feelings.... Mill concludes that Bentham, lacking imagination and an historical sense, "saw accordingly in man little but what the vulgarest eye can see."3 And in his Autobiography, Mill acknowledges that in the Benthamite Radical circles he frequented in the 1820's, "From this neglect both in theory and in practise of the cultivation of feeling, naturally resulted, among other things, an undervaluing of poetry, and of Imagination generally, as an element of human nature."4 A sympathetic internal critic of Utilitarianism, Mill tries to retain the essentials of Bentham's secular and empiricist moral doctrine while softening its cruder aspects. Like Bentham, Mill identifies morality with furthering the greatest happiness... (shrink)

Political theory is notoriously a hodgepodge. Whatever its status may be, no one would claim that it today occupies a standing comparable to that of economic theory. Theorists variously attempt to justify or to explain, to provide bases for prediction or frameworks for analysis. Even within the realm of democratic theory there is no “august corpus,” in Holmes's phrase, no body of closely articulated propositions with which in general all agree, subject only to differences of emphasis or in detail. One (...) hears of “classical” democratic theory; but if it must include both Locke and Rousseau, Bentham and the two Mills, not to mention T. H. Green and other democratic Idealists, it is clear that it is a bundle of theories rather than a single body of doctrine. Likewise we hear today of “revisionist” democratic theory, the theory of polyarchy or pluralist democracy, and most recently theories of “participatory democracy,” which even out-Rousseau the great Genevan. (shrink)

The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. 0Part I explores the (...) philosophical foundations of his public philosophy: his theory of meaning and framework for analysis and definition of key concepts, his theory of human affections and motivations, and his utilitarian theory of value. It is argued that, while concepts of pleasure and happiness play nominal roles in his theory of value, concepts of publicity, equality, and interests emerge as the dominant concepts of his public philosophy. Part II explores several dimensions of Bentham's jurisprudence, including his radically revised command model of law, his early reflections on justice and law in adjudication, his theories of judicial evidence, constitutional rights, the rule of law, and international law. The concluding essay demonstrates the centrality of the notion of publicity in his moral, legal and political thought. Emerging from this study is a positivist legal theory and a utilitarian moral-political philosophy that challenge in fundamental ways contemporary understandings of those doctrines. (shrink)

Correspondence to: John Harris The Centre for Social Ethics and Policy, Institute of Medicine Law and Bioethics, School of Law, University of Manchester, Williamson Building, Oxford Road, Manchester M13 0JH, UK; [email protected] and Culyer1 have written an interesting and considered response, as people intimately connected to the National Institute for Health and Clinical Excellence , to the two editorials that I wrote on recent NICE decisions. Before commenting on their response, I would like to consider a point they made, which (...) echoes a point already made by Rawlins and Dillon,2 about the tone of my editorials. Claxton and Culyer accuse me of making “personally abusive charges”. In my original editorial, I criticised an institution, NICE, in robust terms, but in doing so I was continuing a long and respected tradition in English philosophy. Consider the following extract from Jeremy Bentham:" In English law, fiction is a syphilis, which runs in every vein, and carries into every part of the system the principle of rottenness...Fiction of use to justice? Exactly as swindling is to trade...It affords presumptive and conclusive evidence of moral turpitude in those by whom it was invented and first employed.3"My remarks were not an ad hominem criticism of anyone but directed at the published, but anonymous statements of an institution—a body corporate. In robustly criticising NICE, I no more attacked any individual associated with NICE than I attacked Tony Blair or the various ministers of state who are ultimately responsible for NICE. And, contra Claxton and Culyer’s claims, I have not denigrated the views of people who beg to differ from me.i If the apologists for NICE, whether they are Tony Culyer or Tony Blair, choose to identify themselves with criticism of NICE, that is entirely a matter for them. The only ad hominem remarks in this entire exchange have been made by Rawlins and Dillon, and Claxton and Culyer. The idea that criticism of the anonymously authored publications of …. (shrink)