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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.
Of the Limits of the Penal Branch of Jurisprudence, written in
1780-2, is the continuation of An Introduction to the Principles of
Morals and Legislation, and thus part of the introduction to the
projected penal code on which Bentham worked in the late 1770s and
early 1780s. The work emerged from Bentham's attempt to distinguish
between civil and penal law, which led him into an exposition of
the nature and scope of an individual law and an analysis of such
key legal terms as power, duty, right, property, contract, and
conveyance. Bentham addresses the relationship between different
'aspects' of the legislator's will, such as command, prohibition,
and permission, and in so doing develops a 'logic of the will'
which anticipates modern deontic logic. He explains that the
disposition of the people to obey constitutes the basis of
political and legal power, and distinguishes between law addressed
to the sovereign and law addressed to the people. Dealing with some
of the most fundamental problems in jurisprudence and the theory of
human action, Of the Limits of the Penal Branch of Jurisprudence is
a work of outstanding originality and seminal importance in the
field of legal philosophy. The volume contains an Editorial
Introduction which explains the provenance of the text, and the
method of presentation. The text is fully annotated with textual
and historical notes, and the volume is completed with detailed
subject and name indices. This edition of Of the Limits of the
Penal Branch of Jurisprudence supersedes Of Laws in General, edited
by H.L.A. Hart and published by the Athlone Press in 1970, as a
volume in The Collected Works of Jeremy Bentham.
Bentham's writings for the French Revolution were dominated by the themes of rights, representation, and reform. In 'Nonsense upon Stilts' (hitherto known as 'Anarchical Fallacies'), the most devastating attack on the theory of natural rights ever written, he argued that natural rights provided an unsuitable basis for stable legal and political arrangements. In discussing the nature of representation he produced the earliest utilitarian justification of political equality and representative democracy, even recommending women's suffrage.
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