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)

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)

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

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 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)