Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy.

This book provides a concise and coherent overview of Jeremy Bentham, the widely read and studied political philosopher - ideal for undergraduates who require more than just a simple introduction to his work and thought. Jeremy Bentham (1748-1832), utilitarian philosopher and reformer, is a key figure in our intellectual heritage, and a far more subtle, sophisticated, and profound thinker than his popular reputation suggests. "Bentham: A Guide for the Perplexed" presents a clear account of his life and thought, and highlights his relevance to contemporary debates in philosophy, politics, and law. Key concepts and themes, including Bentham's theory of logic and language, his utilitarianism, his legal theory, his panopticon prison, and his democratic politics, together with his views on religion, sex, and torture, are lucidly explored. The book also contains an illuminating discussion of the nature of the text from the perspective of an experienced textual editor.The book will not only prove exceptionally valuable to students who need to reach a sound understanding of Bentham's ideas, serving as a clear and concise introduction to his philosophy, but also form an original contribution to Bentham studies more generally. It is the ideal companion for the study of this most influential and challenging of thinkers. "Continuum's Guides for the Perplexed" are clear, concise and accessible introductions to thinkers, writers and subjects that students and readers can find especially challenging - or indeed downright bewildering. Concentrating specifically on what it is that makes the subject difficult to grasp, these books explain and explore key themes and ideas, guiding the reader towards a thorough understanding of demanding material.

This book provides a concise and coherent overview of Jeremy Bentham, the widely read and studied political philosopher - ideal for undergraduates who require more than just a simple introduction to his work and thought. Jeremy Bentham (1748-1832), utilitarian philosopher and reformer, is a key figure in our intellectual heritage, and a far more subtle, sophisticated, and profound thinker than his popular reputation suggests. "Bentham: A Guide for the Perplexed" presents a clear account of his life and thought, and highlights his relevance to contemporary debates in philosophy, politics, and law. Key concepts and themes, including Bentham's theory of logic and language, his utilitarianism, his legal theory, his panopticon prison, and his democratic politics, together with his views on religion, sex, and torture, are lucidly explored. The book also contains an illuminating discussion of the nature of the text from the perspective of an experienced textual editor.The book will not only prove exceptionally valuable to students who need to reach a sound understanding of Bentham's ideas, serving as a clear and concise introduction to his philosophy, but also form an original contribution to Bentham studies more generally. It is the ideal companion for the study of this most influential and challenging of thinkers. "Continuum's Guides for the Perplexed" are clear, concise and accessible introductions to thinkers, writers and subjects that students and readers can find especially challenging - or indeed downright bewildering. Concentrating specifically on what it is that makes the subject difficult to grasp, these books explain and explore key themes and ideas, guiding the reader towards a thorough understanding of demanding material.

Utility and Democracy is the first comprehensive historical account of the political thought of Jeremy Bentham (1748-1832), the philosopher and reformer. Philip Schofield draws on his extensive knowledge of Bentham's unpublished manuscripts and original printed texts, and on the new, authoritative edition of The Collected Works of Jeremy Bentham. A compelling narrative charts the way in which Bentham applied his utilitarian philosophy to the rapidly changing circumstances of his age.
Schofield begins with a lucid account of Bentham's insights in the fields of logic and language, and in particular his theory of real and fictitious entities, which lie at the foundation of his thought. He proceeds to show how these insights brought Bentham to the principle of utility, which led him in turn to produce the first systematic defense of democracy from a utilitarian perspective. In contrast to previous scholarship, which claims that Bentham's "conversion" or "transition" to political radicalism took place either at the time of the French Revolution or following his meeting with James Mill in 1808 or 1809, Professor Schofield shows that the process began in or around 1804 when the notion of sinister interest emerged in Bentham's thought. Bentham appreciated that rulers, rather than being motivated by a desire to promote the greatest happiness of those subject to them, aimed to promote their own happiness, whatever the overall cost to the community.
In his constitutional writings of the 1820s, which he addressed to "all nations professing liberal opinions," Bentham argued that the proper end of constitutional design was to maximize official aptitude and minimize government expense, and that the publicity of official actions, within the context of a republican system of government where sovereignty lay in the people, was the means to achieve it. Bentham's commitment to radical reform led him to advocate the abolition of the British monarchy and House of Lords, the replacement of the Common Law with a codified system of law, and the "euthanasia" of the Anglican Church.

In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). In "Comment on the Commentaries," on which Bentham began work in 1774, he exposes the fallacies which he claims to have detected in Blackstone, and criticizes the theory of the Common Law. He goes on to provide important reflections on the nature of law, and more particularly on the nature of customary and of statute law, and on judicial interpretation.
A Fragment on Government, which was published in 1776, was detached from the "Comment on the Commentaries." Concentrating on a passage of five or six pages in which Blackstone discusses the origin of society and government, Bentham offers three main criticisms. First, he criticizes Blackstone's methodology for failing to distinguish between the role of the expositor and the role of the censor, and thereby confusing the question of what the law is with the question of what the law ought to be. Second, he criticizes Blackstone's assumption that the theory of the social contract represents an adequate justification of the obligation to obey government. Third, he criticizes Blackstone's theory of sovereignty, which claims that in every state there must exist some absolute, undivided power, whose commands are law. Bentham points to the existence of states where sovereign power is both divided and limited.
In these two works, published by OUP for the first time, Bentham outlines a number of themes which he goes on to develop in his later works: the principle of utility; the importance of a "natural arrangement" for a legal system; the point at which resistance to government becomesjustifiable; the exposition of legal terms; and much more.
The volume also contains Bentham's "Preface" intended for, but not published in, the second edition of A Fragment on Government, which appeared in 1823. Having by this committed himself to political radicalism, Bentham uses this occasion to reflect on the text and the circumstances in which it was produced.
The text has been edited by H.L.A. Hart and J.H. Burns, whose reputations in their respective fields of legal theory and history of political thought are unsurpassed. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The texts are fully annotated with textual and historical notes, and the volume is completed with a detailed subject index, based on a methodology devised by Hart.

Bentham's central concern during the 1810s and 1820s was with the codification of the law. Rejecting both the common law and the historical approach to codification, he argued that a code of law should be based on a rigorous logical analysis of the categories of human action, and that each enactment should be followed by the reasons which justified it. Such an `all-comprehensive' code containing an `interwoven rationale' would signal a new era in legislation. Once one state had adopted such a code, other states would be obliged to follow its example, and Bentham would become in effect 'legislator of the world'. Bentham attempted to persuade legislative authorities in the United States of America, Russia, Spain, Portugal, Greece, South and Central America, and elsewhere, to invite him to draft a code of law for them. The works presented in this volume record in fascinating detail Bentham's dealings with such eminent figures as James Madison, John Quincy Adams, Emperor Alexander I, Prince Adam Czartoryski, Alexander Mavrokordatos, Bernadino Rivadavia, and Jose del Valle. The production of a methodology for codification ranks as one of Bentham's outstanding theoretical achievements. Through the materials presented in this volume he emerges as a seminal figure in the development of liberalism throughout Europe and America in the early nineteenth century.

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 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.

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.

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. This book is intended for scholars of modern British, European, and Latin American history; especially historians of ideas; historians of