ABSTRACTThe goal of this paper is to locate indirect legislation within Bentham’s art of legislation, and to distinguish it, as far as possible, from direct legislation. Along the way, some parallels are drawn between indirect legislation on the one hand, and the Nudge theory of Thaler and Sunstein on the other. It will be argued that many expedients categorized by Bentham as indirect legislation are simultaneously exercises of direct legislation. Another set of indirect expedients act on knowledge, and involve efforts (...) to eliminate asymmetries of information between potential offender and potential victim by providing official standards and disseminating a plethora of factual information. Other forms of indirect legislation threaten the coherence of Bentham’s theory of law, firstly by regarding all government actions as exercises in legislation, and secondly by turning the formers of public opinion into legislators. Insofar as some forms of indirect legislation operate by sleight of hand, they conflict with Bentham’s commitment to transparency in the exercise of public power, reflecting a tension between reality and appearance which runs through his thought. (shrink)

This article argues that Bentham was committed to attempting to measure the outcomes of rules by calculating the values of the pains and pleasures to which they gave rise. That pleasure was preferable to pain, and greater pleasure to less, were, for Bentham, foundational premises of rationality, whilst to abjure calculation was to abjure rationality. However, Bentham knew that the experience of pleasure and pain, the entities which provided his objective moral standard, was not only subjective, and only indirectly accessible (...) to the legislator, but also typically dependent on a complex of socially mediated beliefs and attitudes. All moral reasoning involved a process of inference from contingent which was littered with possibilities for error. The Bentham who emerges is a more vulpine hedgehog than is usually allowed, whose core insistence is that, despite its imperfections, consequentialist analysis and decision-making remains the only viable route to a rational morality. (shrink)

This article argues that Bentham was committed to attempting to measure the outcomes of rules by calculating the values of the pains and pleasures to which they gave rise. That pleasure was preferable to pain, and greater pleasure to less, were, for Bentham, foundational premises of rationality, whilst to abjure calculation was to abjure rationality. However, Bentham knew that the experience of pleasure and pain, the ‘simple’ entities which provided his objective moral standard, was not only subjective, and only indirectly (...) accessible to the legislator, but also typically dependent on a complex of socially mediated beliefs and attitudes. All moral reasoning involved a process of inference from contingent ‘facts’ which was littered with possibilities for error. The Bentham who emerges is a more vulpine hedgehog than is usually allowed, whose core insistence is that, despite its imperfections, consequentialist analysis and decision-making remains the only viable route to a rational morality. (shrink)

Though we often “fear the worst”, worrying that unexpectedly bad things will happen, there are times when we “hope for the best”, imagining that unexpectedly good things will happen, too. The paper explores how the valence of the current situation influences people's imagining of unexpected future events when participants were instructed to think of “something unexpected”. In Experiment 1, participants (N = 127) were asked to report unexpected events to everyday scenarios under different instructional conditions (e.g., asked for “good” or (...) “bad” unexpected events), and manifested a strong negativity bias in response to non-valenced instructions (i.e., being asked to “think of the unexpected” with no valence given). They mainly reported quite “predictable” unexpected outcomes that were negative; however, a post-test (N = 31) showed that the scenarios used were predominantly positive. In Experiment 2 (N = 257), when participants were instructed to think of “something unexpected and bizarre”, under the same instructional manipulations as Experiment 1, this negativity bias was replicated. In Experiment 3, using a design in which positive/negative materials were matched (verified by a pre-test, N = 60), it was found that when participants (N = 102) were given negative scenarios, they reported more positive events than they do when they are given positive scenarios. Though responding still retained an overwhelming negative bias, this result provided some evidence for a weaker valence-countering strategy; that is, where a negative scenario can lead to positive unexpected events being mentioned, and a positive scenario leads to negative unexpected events being reported. The implications of these results for people's projections of unexpected futures in their everyday lives is discussed. (shrink)

With the blossoming of research on corporate social performance, the data produced by Kinder, Lydenberg, Domini have become the standard to measure firms’ social and stakeholder actions. However, to date, only a few studies have focused on examining the data directly, and have done so largely in terms of validating the concepts and methods in the data set’s construction. The present study seeks to complement these efforts by contributing knowledge about what the KLD data report on firms’ actions toward primary (...) and secondary stakeholders, and the dimensions of CSP that firms generally engage in, together or sequentially. With data on 3,073 firms over the period 2000-2010, results show that firms expend more resources on garnering strengths in primary stakeholder dimensions, although this trend is sharply deteriorating to the benefit of secondary stakeholders—notably the natural environment. Results also show that firms generally approach CSP with a mixed behavior, with strengths and concerns in the same dimensions, especially as it pertains to secondary stakeholders. These are the same dimensions in which firms show the longer, more intrinsic commitments, suggesting that secondary stakeholder strengths and concerns may be structural in nature. However, there is also evidence of relationships across dimensions, indicating that firms’ involvement in CSP can generate momentum. The rich implications of these findings are discussed. (shrink)

The concept of a "breed" of domestic cattle is predominantly a social construct. The late eighteenth century development of intensive selective breeding of livestock produced breeds that were visually distinguishable from each other. The adoption of breed standards was facilitated in part through paintings and drawings of idealized animals. These "ideal types" or "standards of perfection" further served as targets for breeders who attempted to achieve the artist's conception of the perfect animal. However, concepts of perfection change with fashion and (...) thus ideal types constitute moving targets. (shrink)

In this chapter, Michael Quinn argues that although Bentham’s only works on international trade were discussions on “the balance of trade” and “colonial trade,” these works reveal several new aspects of Bentham’s broader political economy. Like Smith, Bentham considered international trade to be mutually beneficial and strongly criticized mercantilist fallacies concerning balance of trade and the fetishization of precious metals. However, Bentham’s views differ from Smith’s on the issues of paper money and inflation. The chapter explains Bentham’s struggles to combine (...) elements of both commodity and credit theories of money in a coherent package. (shrink)

PurposeThe purported benefits and risks of immediately sequential bilateral cataract surgery have been well described, yet the procedure remains controversial among UK ophthalmologists. As many of the controversies of ISBCS are underpinned by ethical dilemmas, the aim of this work was to explore the ethical perspectives of ISBCS from a variety of stakeholder viewpoints.MethodA semi-structured independent stakeholder meeting was convened at the Royal College of Ophthalmologists London headquarters in June 2018. In total, 29 stakeholders attended the meeting. The professional characteristics (...) of stakeholders included but were not limited to: ophthalmologists, patients, religious leaders, ethicists, lawyers and commissioners. Thematic qualitative analysis using methodology proposed by Braun and Clarke was conducted on the resultant transcript of the discussion.ResultsThemes identified include: beneficence and non-maleficence ; autonomy ; distributive justice.ConclusionThis analysis provides a reference point for the ethical factors surrounding ISBCS. The stakeholders concluded that this approach was an ethical undertaking provided patient autonomy was appropriately attained. This requires a patient’s interpretation of the risk-benefit balance, which must include an understanding of the low but unquantifiable risk of severe complications. A surgeon must aim to minimise risks through the adaption of accepted surgical protocols and by performing appropriate patient selection. Currently, cost savings to healthcare that may occur following the implementation of ISBCS should be considered a secondary benefit of the protocol. (shrink)

PurposeThe purported benefits and risks of immediately sequential bilateral cataract surgery have been well described, yet the procedure remains controversial among UK ophthalmologists. As many of the controversies of ISBCS are underpinned by ethical dilemmas, the aim of this work was to explore the ethical perspectives of ISBCS from a variety of stakeholder viewpoints.MethodA semi-structured independent stakeholder meeting was convened at the Royal College of Ophthalmologists London headquarters in June 2018. In total, 29 stakeholders attended the meeting. The professional characteristics (...) of stakeholders included but were not limited to: ophthalmologists, patients, religious leaders, ethicists, lawyers and commissioners. Thematic qualitative analysis using methodology proposed by Braun and Clarke was conducted on the resultant transcript of the discussion.ResultsThemes identified include: beneficence and non-maleficence ; autonomy ; distributive justice.ConclusionThis analysis provides a reference point for the ethical factors surrounding ISBCS. The stakeholders concluded that this approach was an ethical undertaking provided patient autonomy was appropriately attained. This requires a patient’s interpretation of the risk-benefit balance, which must include an understanding of the low but unquantifiable risk of severe complications. A surgeon must aim to minimise risks through the adaption of accepted surgical protocols and by performing appropriate patient selection. Currently, cost savings to healthcare that may occur following the implementation of ISBCS should be considered a secondary benefit of the protocol. (shrink)

An erudite introduction to the ideas of the father of utilitarianism.

When examining the relevance of Bentham’s thinking to debates on cultural value, we should look, first of all, at the significance of utility as an independent ethical principle. Bentham finds the term ‘utility’ in the philosophy of David Hume, condemns Hume’s use of this term as ambiguous, and establishes utility as an independent ethical principle that is opposed to Hume’s preference for delicacy of sentiment and good taste. I argue that Hume is averse to the very thing that Bentham places (...) at the centre of his ethics, namely a reckoning that we can all make with how pleasure shapes our sense of self. Bentham places us under an obligation to work out what our pleasures mean for us, how they situate us in the world, and how others will respond to what gives us the most pleasure. This working hypothesis on what gives each of us the most pleasure, must be conveyed in neutral, non-judgemental terms. Bentham espouses simple amusements, including games of push-pin and solitaire, as examples of how a recalculation of the possibilities for increasing pleasure and diminishing pain can take place, in defiance of cultural evaluations of what is ‘high’ and ‘low’. These distinctions of high and low culture are only one example of how definitions of culture affect the social organization of pleasure, within a broader conception of cultural value. Bentham asks whether definitions of cultural value are equitable and just, when seen in relation to the ethical aim of prolonging pleasure and diminishing pain. (shrink)

The four articles in this special edition of Revue d’études benthamiennes, by Jean-Pierre Cléro, Tsin Yen Koh, Carrie Shanafelt and Malcolm Quinn, analyse the relationship of pleasure to cultural value in Bentham’s philosophy, particularly as this concerns questions of aesthetic judgment. An obstacle to the analysis of the relationship of pleasure to cultural value in Bentham’s thought, is that, aside from his consistent opposition to distinctions of good and bad taste, Bentham had very littl...

An erudite introduction to the ideas of the father of utilitarianism.

This paper will attempt to provide an overview of Bentham's fundamental thinking with regard to the relief of indigence. The manuscripts on which it draws form the texts of unpublished works, namely a set of ‘Three Essays on the Poor Laws’, which were completed by Bentham, and ‘Pauper Systems Compared’, which remains in a comparatively unfinished state. In the ‘Essays’, Bentham considers first the question of whether the relief of indigence should be a public responsibility, and, having concluded that it (...) should, moves on to consider what conditions should be attached to that relief. In ‘Systems Compared’, Bentham analyzes different systems of provision in terms of their compatibility with these conditions. (shrink)

The author has surveyed a quarter of the accredited undergraduate computer science programs in the United States. More than half of these programs offer a “social and ethical implications of computing” course taught by a computer science faculty member, and there appears to be a trend toward teaching ethics classes within computer science departments. Although the decision to create an “in house” computer ethics course may sometimes be a pragmatic response to pressure from the accreditation agency, this paper argues that (...) teaching ethics within a computer science department can provide students and faculty members with numerous benefits. The paper lists topics that can be covered in a computer ethics course and offers some practical suggestions for making the course successful. (shrink)

This article uses Jeremy Bentham's notion of disambiguation, which links language to power and ‘sinister interest’, to analyse criticisms of the Royal Academy of Arts by Benthamites and Philosophic Radicals at the Select Committee on Arts and Manufactures of 1835/6. This practice of disambiguation aimed to produce a distinction between the Royal Academy of Arts and the publicly funded art school. I situate this activity within the linguistic turn taken by Bentham's ethics, and its relevance to a dilemma of pedagogy (...) in commercial society framed by Adam Smith. Smith's dilemma turns on the conflict between the requirement for a pedagogy that conforms to the principle of free trade, and an equally binding requirement for a virtue ethical model of pedagogy that offers a remedy for the corrupting effects of commerce on character. Adam Smith's support for private academies of art asserted a hierarchy of virtue ethics over utility, thus safeguarding autonomous ethical reasoning within capitalist forms of social life. Bentham's thought, in contrast, eschews the link between ethics and character, and places ethics itself within normative rules of language and cognition. (shrink)

This book offers an interdisciplinary analysis of the social practice of taste in the wake of Pierre Bourdieu¿s sociology of taste. For the first time, this book unites sociologists and other social scientists with artists and curators, art theorists and art educators, and art, design and cultural historians who engage with the practice of taste as it relates to encounters with art, cultural institutions and the practices of everyday life, in national and transnational contexts. The volume is divided into four (...) sections. The first section on ¿Taste and art¿, shows how art practice was drawn into the sphere of ¿good taste¿, contrasting this with a post-conceptualist critique that offers a challenge to the social functions of good taste through an encounter with art. The next section on ¿Taste making and the museum¿ examines the challenges and changing social, political and organisational dynamics propelling museums beyond the terms of a supposedly universal institution and language of taste. The third section of the book, ¿Taste after Bourdieu in Japan¿ offers a case study of the challenges to the cross-cultural transmission and local reproduction of ¿good taste¿, exemplified by the complex cultural context of Japan. The final section on ¿Taste, the home and everyday life¿ juxtaposes the analysis of the reproduction of inequality and alienation through taste, with arguments on how the legacy of ideas of ¿good taste¿ have extended the possibilities of experience and sharpened our consciousness of identity. As the first book to bring together arts practitioners and theorists with sociologists and other social scientists to examine the legacy and continuing validity of Pierre Bourdieu¿s sociology of taste, this publication engages with the opportunities and problems involved in understanding the social value and the cultural dispositions of taste ¿after Bourdieu¿. It does so at a moment when the practice of taste is being radically changed by the global expansion of cultural choices, and the emergence of deploying impersonal algorithms as solutions to cultural and creative decision-making. (shrink)

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)

This collection represents the latest research from leading scholars whose work has helped to frame our understanding of Bentham since the publication of H. L. A. Hart's Essays on Bentham. The authors explore fundamental areas of Bentham's thought, including the relationship between the rule of law and public opinion; law and popular prejudices or manipulated tastes; Bentham's methodology versus Hart's; sovereignty and codification; and the language of natural rights. Drawing on original manuscripts and volumes in The Collected Works of Jeremy (...) Bentham, the chapters combine philosophical and historical approaches and offer new and more faithful interpretations of Bentham's legal philosophy and its development. As a coherent whole, the book challenges the dominant understandings of Bentham among legal philosophers and rescues him from some famous mischaracterizations. (shrink)

“Walk on the Sun” is an interactive experience of image as music. As explorers move across images that are data projected onto the floor, their movements are visually tracked and used to select pixels in the images which they immediately hear as musical pitches played by various instruments. The sonification design maps color to one of 9 instruments, brightness to one of 50 pitches, and location in the image to panning position, creating 57,600 differentiable musical events. This high resolution and (...) interactive auditory presentation of pixel data enables the blind to explore images of the Sun from the STEREO space mission, nebula and galactic images from Hubble, as well as art masterpieces. Specifically, the blind can hear when hot spots cross the center of the Sun or the solar winds and corona are changing by sonifying virtual geometric structures, such as lines and circles, to create chords of music reflecting the changing content of the selected pixels within that structure as images are played as movies. Originally funded by a NASA/STSCI Ideas grant, the exhibit has toured to more than 12 cities in the US, visiting blind and science centers in the process and receiving enthusiastic response throughout. Plans for additional work furthering NASA wide image sonification standards are in process. (shrink)