Chrestomathia

by Jeremy Bentham

Published 10 November 1983

Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitiutional democracy, and is one of the most important studies of colonialism written in the nineteenth century. Of the four essays collected in this voloume, three have been edited directly from the original manuscript sources. The only essay to have appeared in print, `Observations on the Restrictive and Prohibitory
Commercial System', is generally regarded as an early classic statement of the beneficial effects of freedom of trade. In the these pioneering essays written in 1820-2, Bentham provided a penetrating critique of colonialism from within the liberal utilitarian tradition. Applying his general principles to the case of
Spain and Spanish America, he argued that any attempt by Spain to maintain dominion over her Empire, or even to maintain a claim to the dominion was fundamentally misguided. Colonies were not a source of wealth to the colonizing country, but rather led to the imposition of increased taxation. Moreover, the existence of colonies increased the amount of patronage at the disposal of Spain's rulers, and thus would facilitate the corruption of the members of the new legislative assembly and
eventually lead to the restoration of the ancient despotism. Colonies were not only wasteful and expensive, but posed a threat to constitutional government itself. The should therefore be granted unconditional independence, as a prererequisite to the establishment of unrestricted commercial relations,
which would produce mutual benefit to both Spain and Spanish Amarica.

Preparatory Principles

by Jeremy Bentham

Published 1 December 2016
Preparatory Principles is not a linear text in the conventional sense, but consists of a series of short passages on a variety of topics, whose themes are summarised in marginal headings. The material 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. He then drew on this material when composing such works as A Fragment on Government and An
Introduction to the Principles of Morals and Legislation. Inspired by such figures as John Locke and Claude Adrien Helvetius, Bentham developed an original ontological and epistemological basis for legal terminology, with the aim of replacing the traditional terminology of English law with that of universal
jurisprudence. The work that dominates the text, in that Bentham returns to it time and time again in order to offer criticism of it, is William Blackstone's Commentaries on the Laws of England. While unorganized and fragmentary, the material in Preparatory Principles constitutes a remarkable record of the evolving ideas of a major legal philosopher at a formative stage of his career.

The present edition of The Book of Fallacies is the first that follows Bentham's own structure for the work, and includes a great deal of material, both in terms of the fallacies themselves and the illustrative matter, that previous versions of the work have omitted. The fallacies that concerned Bentham were not logical errors of the sort identified by Aristotle, or commonplace misunderstandings of matters of fact, but arguments deployed in political debate,
in particular in the British Parliament, in order to prevent reform.

Bentham not only identified, described, and criticized the fallacious arguments in question, which were all characterized by their irrelevancy, but explained the sinister interests that led politicians to employ them and their supporters to accept them. By exposing these political fallacies, Bentham hoped to prevent their employment in future, and thereby to place political debate on its only proper ground, namely considerations drawn from the principle of utility.

Jeremy Bentham was a major figure in the history of ideas, law, politics, and social policy in the eighteenth and nineteenth centuries. These volumes represent the definitive collection of his works and correspondence which is being prepared under the auspices of the Bentham Committee. Among his correspondents are the law reformer Samuel Romilly, the former prime minister Lord Lansdowne, and the anti-slavery campaigner William Wilberforce.

This is the eighth volume of the Correspondence produced in the new edition of The Collected Works of Jeremy Bentham. Nearly three-quarters of the letters included in this eighth volume of Correspondence have not been previously published.

During the years covered by this volume, Bentham's Panopticon penitentiary scheme was finally rejected by the government; and his efforts to secure its implementation, and then to gain adequate compensation, form a major and recurring theme. But the letters do much more than complete the Panopticon saga. They give an insight into Bentham's relations with his editors and followers Étienne Dumont and James Mill, and provide information on the writing, editing, and in some cases, printing and
publishing of works on law, politics, religion, and education. Just as important is the clear impression the correspondence gives of his contacts, especially with the legal and political reformers of the day. Prior to these new volumes, the only edition of Bentham's works was a poorly edited and
incomplete one brought out within a decade or so of his death.

This is the seventh volume of Bentham's Correspondence, and nearly three-quarters of the letters included in it have not been published before.

In 1802 Bentham started to acquire an international reputation through the publication of his Traités de législation civile et pénale. The correspondence contains information about the numerous last-minute revisions which Bentham suggested, about early reactions to the work, and about its translation into Russian. When, in 1802 - 3, Bentham failed in his attempt to get his Panopticon penitentiary project implemented by the government, he turned his attention to adjective law,
writing extensively about evidence and procedure, and in 1808 he published a substantial pamphlet on the reform of the Scottish judicature. Exchanges of letters with Sir Samuel Romilly, Francis Horner and others throw some light on the composition of these works and also illuminate aspects of his personal life:
his relationships with his brother Samuel, with his Genevan editor Etienne Dumont, with Lord Holland's sister Caroline Fox, to whom he proposed marriage in 1805, and with Aaron Burr, adventurer and former vice-president of the United States, who formed a close friendship with him in 1808.

The writings collected in this volume make an important addition to The Collected Works of Jeremy Bentham. They lend credence to Bentham's claim that his ideas were appropriate `for the use of all nations and all governments professing liberal opinions'. The essays, dating mainly from late 1822 and early 1823, are based exclusively on manuscripts, many of which have not been previously published.

Turning his attention towards the Mediterranean basin, Bentham here attempts to legislate for one Islamic state, and offers advice to another in the process of throwing off Islamic rule. The Writings for Tripoli include the famous `Securities against Misrule', in which Bentham draws up a constitutional charter with an accompanying explanation of its provisions. He also discusses the social, political, and religious institutions of the country, and proposes a scheme for the introduction of
constitutional reform both there and in the other Barbary states. The Writings for Greece include a rare commentary on the first Greek constitution of 1822, and advice and warnings to the Greek legislators against the temptation of `sinister appetites'. The main theme in both groups of writings is the
efficacy of representative institutions and the publicity of official actions in preventing the abuse of government power.

Correspondence, Volume 11

by Jeremy Bentham

Published 7 September 2000
This eleventh volume of Bentham's Correspondence contains nearly three hundred letters, and covers the period from January 1822 to June 1824. The letters, most of which have never before been published, have been collected from archives, private and official, as far afield as Athens and Bogotá, as well as from the collections of Bentham Papers at University College London and the British Library. By the early 1820s Bentham had acquired an international
reputation, and corresponded with leading figures in Europe, the United States of America, and many of the newly independent states of Central and South America. His correspondents included such notable figures as Simón Bolívar, the Liberator of South America; Jean Pierre Boyer, President of Haiti; José da Silva
Carvalho, Minister of Justice in Portugal; Étienne Dumont, Bentham's Genevan editor; Bernardino Rivadavia, first President of the United Provinces of Río de la Plata; Jean Baptiste Say, the economist; and members of the provisional government of Greece. Bentham also corresponded with numerous public figures and personal friends in Britain, including Edward Blaquiere, James Silk Buckingham, Richard Carlile, John Cartwright, Rowland and Matthew Davenport Hill, James Mill, Samuel Parr,
Francis Place, Leicester Stanhope, and Frances Wright.

As well as covering such matters as the launch of the Westminster Review, and his first plan for the Auto-Icon, the volume testifies to the growing importance to Bentham of his writings on codification. Having received news that the Portuguese Cortes had accepted his offer to draw up a complete code of laws, he began to draft material for his Constitutional Code. He became involved in promoting constitutional reform in Tripoli and Greece, and was extensively involved in the
negotiations surrounding the Greek Loan raised in London in 1824.

Political Tactics

by Jeremy Bentham

Published 1 January 1999
Political Tactics, composed for the Estates General in the months just prior to the outbreak of 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 - for instance, it provided the basis for the regulations adopted in the 1820s governing the
procedures of the Buenos Aires assembly, and as recently as the early 1990s it was reprinted by the Spanish Cortes. With typical thoroughness and insight, Bentham discusses such central themes as the publicity of procedings, the rules of debate, the conduct of deputies, and the proper steps to be taken in
composing, proposing, and voting on a motion. Even such relatively minor points as the size of the assembly-room and the costume of the deputies are not overlooked. All along Bentham illustrates his points by reference to the actual practice of both the British Houses of Parliament and the French provincial assemblies.

Constitutional Code

by Jeremy Bentham

Published 7 April 1983
Bentham's massive, unfinished Code (1822-32) is the major work of his last years and contains the most important statement of the theory of constitutional democracy which emerges after his well-known `conversion' to political radicalism in 1809-10. He develops here in a final form the theory and institutions of an ideal representative democracy addressed to `all nations and all governments professing liberal opinions'. This first volume, based on the only volume
Bentham himself published, covers chapters I-IX on the electorate, legislature, prime minister, and administration. The fully annotated text clarifies and develops historical allusions, and is provided with an especially detailed subject index.

In the mid-1780s Bentham drafted his first sustained discussions of political economy and public finance for Projet Matiere (itself part of Projet d'un corps de loix complet). Those discussions are now lost, but the corresponding marginal contents open this volume, followed by three closely related appendices. The volume continues with Defence of Usury, first published 1787, which was well received, quickly translated, and established
some reputation for Bentham in political economy. In 1790, whilst preparing a second edition, Bentham drafted the raft of additional materials included here in five appendices. At the same time he began Manual of Political Economy, an introductory handbook which he never finished, while the surviving text appears here, supplemented
by seven appendices. In March 1793 Bentham reacted to press reports of the Irish Budget by composing A Protest against Law Taxes, a trenchant critique of the taxation of legal proceedings, and the denial of justice to the poor, which was printed in 1793, published in 1795, and extended in 1816, and which completes the volume.

The French Revolution provided Bentham with what appeared to him to be an exciting opportunity to influence the reconstruction of the French state. Drawing on his knowledge of English political and constitutional practice, as well as the theoretical resources he had developed in his own work, he suggested imaginative and innovative measures to achieve the peaceful and constitutional reform in France. In discussing the nature of representation he produced the earliest
utilitarian justification of political equality and representative democracy, even recommending women's suffrage. Moreover, he provided a major critique of the dominant constitutional theory of the division of power, including both the doctrine of the balance of powers and that of the separation of
powers. Turning his attention to Britain, for a time he advocated measures of parlimentary reform, but becoming disenchanted with the course of the Revolution he produced the celebrated 'Nonsense upon Stilts' (hitherto known as 'Anarchical Fallacies'), the most devastating attack on the theory of natural rights ever written, in which he argued that natural rights provided an unsuitable basis for stable legal and political arrangements. All the essays published in this volume, with the
exception of Emancipate your Colonies!, an important early critique of colony-holding, are based on the original manuscript sources, many of which have not been previously published in any form.

Correspondence: Volume 10

by Jeremy Bentham

Published 20 October 1994
This is the tenth volume of the Correspondence produced in the new edition of The Collected Works of Jeremy Bentham. The great majority of the letters have never before been published. They illustrate the composition, editing, publication, and reception of several of his works. The volume reveals Bentham's attempts to influence developments in France, the USA, Greece, Spain, Portugal, and South America.

Despite Bentham's 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. This new critical edition of his works and correspondence is being prepared by the Bentham Committee of University College London.

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.

The four essays by Jeremy Bentham assembled in this volume date from the spring and summer of 1822 and are based exclusively on manuscripts, many of which have never before been published. In the essays `Economy as Applied to Office', `Identification of Interests', `Supreme Operative', and `Constitutional Code Rationale', Bentham develops the general principles of constitutional law and government which underpin the detailed administrative provisions set out in
Constitutional Code . In addition, original and penetrating discussions of such topics as sovereignty, constitutional rule, democratic and monarchical government, public finance, the aptitude and powers of officials, corruption, the influence of public opinion, and the delusive effect of religion and
titles of honour, affirm Bentham's status as a political theorist of the first rank. As an important application of utilitarian principles to the structure and organization of government, and a major contribution to the theory of representative democracy, this volume will be of interest to students of philosophy, law, politics, economics, and history.

Correspondence: Volume 9

by Jeremy Bentham

Published 30 November 1989
These letters - the vast majority of which have never been published before - illustrate many aspects of Bentham's public and private life. The composition, editing, printing, publishing, and reception of several of his writings are discussed, while the correspondence with his secretary and protégé John Herbert Koe gives a unique insight into Bentham's working methods. The proposed Chrestomathic School is the subject of many of the letters of 1820, though
even in that year Bentham's involvement in the world of radical politics emerges clearly. The volume also testifies to his burgeoning international reputation, and to his interest in reform in North and South America, Russia, Spain, France, and Geneva.

Correspondence: Volume 6

by Jeremy Bentham

Published 22 November 1984

A critical edition of three of Bentham's works, Deontology and The Article on Utilitarianism previously unpublished. Together with his An Introduction to the Principles of Morals and Legislation, they provide a comprehensive picture of Bentham's psychological and ethical views. This edition, based entirely on manuscripts written by Bentham of by his amanuenses, is equipped with a full introduction linking the three works. Each work is accompanied by detailed
critical and explanatory notes.