The English Utilitarians Volume I Part 19

[476] See, _e.g._, i. 83, where sympathy seems to be taken as an ultimate pleasure; and ii. 133, where he says 'dream not that men will move their little finger to serve you unless their advantage in so doing be obvious to them.' See also the apologue of 'Walter Wise,' who becomes Lord Mayor, and 'Timothy Thoughtless,' who ends at Botany Bay (i. 118), giving the lowest kind of prudential morality. The ma.n.u.script of the _Deontology_, now in University College, London, seems to prove that Bentham was substantially the author, though the Mills seem to have suspected Bowring of adulterating the true doctrine. He appears to have been an honest if not very intelligent editor; though the rewriting, necessary in all Bentham's works, was damaging in this case; and he is probably responsible for some rhetorical amplification, especially in the later part.

[477] _Church of Englandism_ (Catechism examined), p. 207.

[478] See this phrase expounded in _Works_ ('Book of Fallacies'), ii.

440, etc.

END OF VOL. I

NOTE ON BENTHAM'S WRITINGS

The following account of Bentham's writings may be of some use. The arrangement is intended to show what were the topics which attracted his attention at successive periods.

The collected _Works_, edited by Bowring, appeared from 1838 to 1843 in eleven volumes, the last two containing the life and an elaborate index.

The first nine volumes consist partly of the works already published; partly of works published for the first time from Bentham's MSS.; and partly of versions of Dumont's redactions of Bentham. Dumont's publications were (1) _Traites de Legislation civile et penale_ (1802; second edition, revised, 1820): [vol. i. contains _Principes generaux de Legislation_ and _Principes du Code civil_; vol. ii. _Principes du Code penal_; and vol. iii. _Memoire sur le Panoptique_, _De la Promulgation des Lois_, _De l'Influence du Temps et des Lieux_, and _Vue generale d'un Corps complet des Lois_]; (2) _Theorie des Peines et des Recompenses_, 1811, 1818, 1825; (3) _Tactiques des a.s.semblees deliberantes et Traite des Sophismes politiques_, 1816; (4) _Traite des Preuves judiciaires_, 1823; and (5) _De l'Organisation judiciaire et de la Codification_, 1823.

In the following I give references to the place of each work in Bowring's edition.

Bentham's first book was the _Fragment on Government_, 1776 (i.

221-295). An interesting 'historical preface,' intended for a second edition (i. 240-259), was first printed in 1828. The _Fragment_, edited by Mr. F. C. Montague, was republished in 1891.

The _Introduction to the Principles of Morals and Legislation_ was published in 1789, in one vol. 4to (i. 1-154). It had been printed in 1780. A second edition, in two vols. 8vo, appeared in 1823. It was intended as an introduction to the plan of a penal code. Bentham says in his preface that his scheme would be completed by a series of works applying his principles to (1) civil law; (2) penal law; (3) procedure; (4) reward; (5) const.i.tutional law; (6) political tactics; (7) international law; (8) finance; and (9) political economy, and by a tenth treatise giving a plan of a body of law 'considered in respect of its form,' that is, upon 'nomography.' He wrote more or less in the course of his life upon all these topics. Dumont's _Traites_ of 1802 were based partly upon the _Introduction_ and partly upon Bentham's MSS.

corresponding to unfinished parts of this general scheme.

The two first sections of this scheme are represented in the _Works_ by _Principles of the Civil Code_ (i. 297-364) and _Principles of Penal Law_ (i. 365-580). The _Principles of the Civil Code_ is translated from Dumont's _Traites_, where it follows a condensed statement of 'general principles' taken from the opening chapters of the _Introduction_. An appendix 'on the levelling system' is added in the _Works_ from Bentham's MSS. The _Principles of Penal Law_ consists of three parts: the first and third (on 'political remedies for the evil of offences'

and on 'indirect means of preventing crimes') are translated from parts 2 and 4 of Dumont's _Principes du Code penal_ (parts 1 and 3 of Dumont being adaptations from the _Introduction to Morals and Legislation_).

The second part of the _Penal Law_, or _The Rationale of Punishment_ is from Dumont's _Theorie des Peines et des Recompenses_. Dumont took it from a MS. written by Bentham in 1775. (See Bentham's _Works_, i. 388.) An appendix on 'Death Punishment,' addressed by Bentham to the French people in 1830, is added to Part II. in the _Works_ (i. 525-532). No. 4 of Bentham's general scheme corresponds to the _Rationale of Reward_, founded upon two MSS., one in French and one in English, used by Dumont in the _Theorie des Peines et des Recompenses_. The English version in the _Works_, chiefly translated from Dumont and compared with the original ma.n.u.script, was first published in 1825 (ii. 189-266). Richard Smith 'of the Stamps and Taxes' was the editor of this and of an edition of the _Rationale of Punishment_ in 1831, and of various minor treatises. (Bentham's _Works_, x. 548 _n._)

The _Table of the Springs of Action_ (i. 195-220), written at an early period, was printed in 1815, and published, with modifications, in 1817.

The _Vue generale_ included in the _Traites_ of 1802 was intended by Bentham as a sketch for his own guidance, and is translated as _View of a Complete Code of Laws_ in the _Works_ (iii. 154-210). The two essays in the 1802 _Traites_ on 'the promulgation of laws' and the 'influence of time and place in matters of legislation' are translated in _Works_ (i. 157-194). A fragment on _International Law_--a phrase invented by Bentham--written between 1786 and 1789, first appeared in the _Works_ (ii. 535-571), with _Junctiana proposal_--a plan for a ca.n.a.l between the Atlantic and the Pacific--written in 1822, as an appendix.

Besides the above, all written before 1789 in pursuance of his scheme, Bentham had published in 1778 his _View of the Hard Labour Bill_ (iv.

1-36); and in 1787 his _Defence of Usury_ (iii. 1-29). A third edition of the last (with the 'protest against law taxes') was published in 1816.

During the following period (1789-1802) Bentham wrote various books, more or less suggested by the French revolution. The _Essay on Political Tactics_ (ii. 299-373), (corresponding to No. 6 of the scheme), was sent to Morellet in 1789, but first published by Dumont in 1816. With it Dumont also published the substance of the _Anarchical Fallacies_ (ii.

489-534), written about 1791. A _Draught of a Code for the Organisation of the Judicial Establishment of France_, dated March 1790, is reprinted in _Works_ iv. 285-406. _Truth v. Ashhurst_, written in 1792 (v.

231-237), was first published in 1823. A _Manual of Political Economy_, written by 1793 (see _Works_, iii. 73 _n._), corresponds to No. 9 of his scheme. A chapter appeared in the _Bibliotheque Britannique_ in 1798. It was partly used in Dumont's _Theorie des Recompenses_, and first published in English in _Works_ (iii. 31-84). _Emanc.i.p.ate your Colonies_ (iv. 407-481) was privately printed in 1793, and first published for sale in 1830. A _Protest against Law Taxes_, printed in 1793, was published in 1795 together with _Supply without Burthen, or Escheat vice Taxation_, written in 1794. To them is appended a short paper called _Tax with Monopoly_ (ii. 573-600). _A Plan for saving all Trouble and Expense in the Transfer of Stock_, written and partly printed in 1800, was first published in _Works_ (iii. 105-153).

During this period Bentham was also occupied with the Panopticon, and some writings refer to it. _The Panopticon, or the Inspection House_ (iv. 37-172), written in 1787, was published in 1791. _The Panopticon versus New South Wales_ (iv. 173-248) appeared in 1802; and _A Plea for the Const.i.tution_ (on transportation to New South Wales) (iv. 249-284), in 1803. Closely connected with these are _Poor-laws and Pauper Management_ (viii. 358-461), reprinted from Arthur Young's _Annals_ of September 1797 and following months; and _Observations on the Poor Bill_ (viii. 440-459), written in February 1797, privately printed in 1838, and first published in the _Works_.

About 1802 Bentham returned to jurisprudence. James Mill prepared from the papers then written an _Introductory View of the Rationale of Evidence_, finished and partly printed in 1812 (see _Works_, x. 468 _n._ and Bain's _James Mill_, 105, 120). Dumont's _Traite des Preuves judiciaires_ (1823) was a redaction of the original papers, and an English translation of this appeared in 1825. The parts referring to English Law were omitted. The _Rationale of Evidence_ (5 vols. 8vo, 1827), edited by J. S. Mill, represents a different and fuller redaction of the same papers. It is reprinted in vols. vi. and vii. of the _Works_ with the _Introductory View_ (now first published) prefixed. To the same period belongs _Scotch Reform_, with a _Summary View of a Plan for a Judicatory_, 1808 (second edition 1811, v. 1-60).

After 1808 Bentham's attention was especially drawn to political questions. His _Catechism of Parliamentary Reform_ (iii. 433-557), written in 1809, was first published with a long 'introduction' in the _Pamphleteer_ for January 1817. Bentham's _Radical Reform Bill, with explanations_ (iii. 558-597) followed in December 1819. _Radicalism not dangerous_ (iii. 598-622), written at the same time, first appeared in the _Works_ (iii. 398-622). _Elements of the Art of Packing as applied to Special Juries, especially in Cases of Libel Law_ (v. 61-186), written in 1809, was published in 1821. _Swear not at all_ (v. 188-229) (referring chiefly to Oxford tests), written in 1813, was published in 1817. _The King against Edmonds_ and _The King against Wolseley_ (v.

239-261) were published in 1820. _Official Apt.i.tude minimized; Official Expense limited_ (v. 263-286), is a series of papers, first collected in 1831. It contains a _Defence of Economy against Burke_, and a _Defence of Economy against George Rose_, both written in 1810, and published in the _Pamphleteer_ in 1817, with _Observations_ on a speech by Peel in 1825, and _Indications respecting Lord Eldon_. The two last appeared in 1825. Connected with these political writings is the _Book of Fallacies_ (ii. 375-488), edited by Bingham in 1824, from the 'most unfinished of all Bentham's writings.' Allusions seem to show that the original MSS.

were written from 1810 to 1819. It was partly published by Dumont with the _Tactique, etc._

Bentham, during this period (1808-1820), was also led into various outlying questions. _The Pannomial Fragments_, _Nomography_, and _Appendix on Logical Arrangements employed by Jeremy Bentham_ (iii.

211-295) were first published in the _Works_ from MSS. written from 1813 to 1831. With the _Chrestomathia_ (viii. 1-192), first published in 1816, are connected fragments upon 'Ontology,' 'Language,' and 'Universal Grammar' (viii. 193-358), first published in _Works_ from fragments of MSS. of 1813 and later. George Bentham's _Outline of a New System of Logic_ was partly founded upon his uncle's papers. Bentham at the Ford Abbey time (1814-1818) was also writing his _Church of Englandism and its Catechism examined_, 1818. The _a.n.a.lysis of the Influence of Natural Religion upon the Temporal Happiness of Mankind_, by Philip Beauchamp, edited by George Grote, appeared in 1822; and _Not Paul but Jesus_, by Gamaliel Smith, in 1823. Francis Place helped in preparing this at Ford Abbey in 1817 (Mr. Wallas's _Life of Place_, p.

83). _Mother Church of England relieved by Bleeding_ (1823) and the _Book of Church Reform_ (1831) are extracted from _Church of Englandism_. Bowring did not admit these works to his collection.

In his later years (1820-1832) Bentham began to be specially occupied with codification. _Papers upon Codification and Public Instruction_ (iv. 451-534) consist chiefly of letters, written from 1811 to 1815, offering himself for employment in codification in America and Russia, and first published in 1817. In 1821 appeared _Three Tracts relating to Spanish and Portuguese Affairs, with a Continual Eye to English ones_; and in 1822 _Three Letters to Count Toreno on the proposed Penal Code_ (in Spain) (viii. 460-554). A short tract on _Liberty of the Press_ was addressed to the Spanish people in 1821 (ii. 275-299). _Codification Proposals_ (iv. 535-594) appeared in 1823, offering to prepare an 'all-comprehensive code of law' for 'any nation professing liberal opinions.' _Securities against Misrule addressed to a Mahommedan State, and prepared with a special Reference to Tripoli_, written in 1822-23, was first published in the _Works_ (viii. 551-600). A tract on the _Leading Principles of a Const.i.tutional Code_ (ii. 267-274) appeared in the _Pamphleteer_ in 1823. The first volume of the _Const.i.tutional Code_, printed in 1827, was published with the first chapter of the second volume in 1830. The whole book, edited by R. Doane from papers written between 1818 and 1832, was published in 1841, and forms volume ix. of the _Works_. Doane also edited _Principles of Judicial Procedure_ (ii. 1-188) from papers written chiefly from 1820 to 1827, though part had been written in 1802. Several thousand pages upon this subject--the third part of the original scheme--were left by Bentham at his death.

During his last years Bentham also wrote a _Commentary on Mr. Humphrey's Real Property Code_, published in the _Westminster Review_ for October 1826 (v. 387-416); _Justice and Codification Pet.i.tions_ (v. 437-548), printed in 1829; _Jeremy Bentham to his Fellow-Citizens in France on Houses of Peers and Senates_ (iv. 419-450), dated 15th October 1830; _Equity Dispatch Court Proposals_ (iii. 297-432), first published in _Works_ and written from 1829 to 1831; _Outline of a Plan of a General Register of Real Property_ (v. 417-435), published in the Report of the Real Property Commission in 1832; and _Lord Brougham Displayed_ (v.

549-612), 1832.

The _Deontology_ or _Science of Morality_ was published by Bowring in two vols. 8vo in 1834, but omitted from the _Works_, as the original edition was not exhausted. The MS. preserved at University College, London, shows that a substantial beginning had been made in 1814; most of the remainder about 1820. The second volume, made, as Bowring says, from a number of sc.r.a.ps, is probably more 'Bowringised' than the first.

Dumont's _Traites_ were translated into Spanish in 1821, and the _Works_ in 1841-43. There are also Russian and Italian translations. In 1830 a translation from Dumont, edited by F. E. Beneke, as _Grundsatze der Civil- und Criminal-Gesetzgebung_, etc., was published at Berlin. Beneke observes that Bentham had hitherto received little attention in Germany, though well known in other countries. He reports a saying attributed to Mme. de Stael that the age was that of Bentham, not of Byron or Buonaparte. The neglect of Bentham in Germany was due, as Beneke says, to the prevalence of the Kantian philosophy. Bentham, however, had been favourably noticed in the _Hermes_ for 1822, and his merits since acknowledged by Mittermaier and Warnkonig in the _Zeitschrift fur Rechtswissenschaft_. Beneke (1798-1854) was opposed to the Hegelian tendencies of his time, and much influenced by Herbart. See Ueberweg's _History of Philosophy_ (English translation, 1874, ii. 281, etc.) and the account of Bentham in Robert von Mohl's _Staatswissenschaften_, etc.

(1853), iii. 595-635.

A great ma.s.s of Bentham MSS. belongs to University College, London. They are contained in 148 boxes, which were examined and catalogued by Mr. T.

Whittaker in 1892. A few of these contain correspondence, part of which was printed by Bowring. Others are the ma.n.u.scripts of published works.

Some are upon the same subjects as the published works, and others refer to topics not included in his publications. Besides the _Deontology_ ma.n.u.scripts and a fragment upon 'Political Deontology,' there is a discussion of the means of suppressing duels, an argument against the legal punishment of certain offences against decency, and a criticism of the gospel narrative similar to _Not Paul_, etc. I have not thought it necessary to examine these fragments after reading Mr. Whittaker's report. Bentham's principles are sufficiently stated in his published works; and the papers which have been reposing in the cellars of University College can have had no influence upon the world. There is another large collection of MSS. in the British Museum from the papers of Bentham and his brother, Sir Samuel. Ten folio volumes contain correspondence, much of it referring only to Sir Samuel. A long correspondence upon the acquisition of the 'Panopticon' land is included. Another volume contains many of Bentham's school and college exercises. There are also the ma.n.u.scripts of the _Nomography_, _Logical Arrangements_, etc. This collection was used by Bowring and by Lady Bentham in the life of her husband.