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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
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