Skip to main content
↑ Back to the start
6 months 2 weeks ago
Rights are, then, the fruits of the law, and of the law alone. There are no rights without law—no rights contrary to the law—no rights anterior to the law. Before the existence of laws there may be reasons for wishing that there were laws—and doubtless such reasons cannot be wanting, and those of the strongest kind;—but a reason for wishing that we possessed a right, does not constitute a right. To confound the existence of a reason for wishing that we possessed a right, with the existence of the right itself, is to confound the existence of a want with the means of relieving it. It is the same as if one should say, everybody is subject to hunger, therefore everybody has something to eat.
0
⚖0
▼ Source
source
Pannomial Fragments (c. 1831), quoted in The Works of Jeremy Bentham, Vol. III (1838), p. 221
6 months 2 weeks ago
It is with government, as with medicine. They have both but a choice of evils. Every law is an evil, for every law is an infraction of liberty: And I repeat that government has but a choice of evils: In making this choice, what ought to be the object of the legislator? He ought to assure himself of two things; 1st, that in every case, the incidents which he tries to prevent are really evils; and 2ndly, that if evils, they are greater than those which he employs to prevent them. There are then two things to be regarded; the evil of the offence and the evil of the law; the evil of the malady and the evil of the remedy. An evil comes rarely alone. A lot of evil cannot well fall upon an individual without spreading itself about him, as about a common centre. In the course of its progress we see it take different shapes: we see evil of one kind issue from evil of another kind; evil proceed from good and good from evil. All these changes, it is important to know and to distinguish; in this, in fact, consists the essence of legislation.
0
⚖0
▼ Source
source
Principles of Legislation (1830), Ch. X : Analysis of Political Good and Evil; How they are spread in society
6 months 2 weeks ago
Liberty therefore not being more fit than other words in some of the instances in which it has been used, and not so fit in others, the less the use that is made of it the better. I would no more use the word liberty in my conversation when I could get another that would answer the purpose, than I would brandy in my diet, if my physician did not order me: both cloud the understanding and inflame the passions.
0
⚖0
▼ Source
source
Jeremy Bentham, quoted in P. J. Kelly, Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law, Oxford, 1990, p. 96
6 months 2 weeks ago

I am at heart more of a United-States-man than an Englishman.

0
⚖0
▼ Source
source
Letter to Andrew Jackson (14 June 1830), quoted in Correspondence of Andrew Jackson, Volume 4, ed. David Maydole Matteson (1929), p. 146
6 months 2 weeks ago
Figure to yourself the mixture of surprise and delight which has this instant been poured into my mind by the sound of my name, as uttered by you, in the speech just read to me out of the Morning Herald... By one and the same man, not only Parliamentary Reform, but Law Reform advocated. Advocated? and by what man? By one who, in the vulgar sense of profit and loss, has nothing to gain by it... Yes, only from Ireland could such self-sacrifice come; nowhere else: least of all in England, cold, selfish, priest-ridden, lawyer-ridden, lord-ridden, squire-ridden, soldier-ridden England, could any approach to it be found.
0
⚖0
▼ Source
source
Letter to Daniel O'Connell (15 July 1828) after O'Connell delivered a speech in the House of Commons in which he advocated parliamentary and legal reform, and ended by calling himself "an humble disciple of the immortal Bentham", quoted in The Works of Je
6 months 2 weeks ago
Ah! when will the yoke of Custom—Custom, the blind tyrant, of which all other tyrants make their slave—ah! when will that misery-perpetuating yoke be shaken off?—when, when will Reason be seated on her throne?
0
⚖0
▼ Source
source
Plan of Parliamentary Reform, in the Form of a Catechism, with Reasons for Each Article: With an Introduction, Showing the Necessity of Radical, and the Inadequacy of Moderate, Reform (1817), quoted in The Works of Jeremy Bentham, Part X (1839), p. 495
6 months 2 weeks ago
Judges of elegance and taste consider themselves as benefactors to the human race, whilst they are really only the interrupters of their pleasure … There is no taste which deserves the epithet good, unless it be the taste for such employments which, to the pleasure actually produced by them, conjoin some contingent or future utility: there is no taste which deserves to be characterized as bad, unless it be a taste for some occupation which has mischievous tendency.
0
⚖0
▼ Source
source
Théorie des peines et des récompenses (1811); translation by Richard Smith, The Rationale of Reward, J. & H. L. Hunt, London, 1825, Bk. 3, Ch. 1
6 months 2 weeks ago
Want keeps pace with dignity. Destitute of the lawful means of supporting his rank, his dignity presents a motive for malversation, and his power furnishes the means.
0
⚖0
▼ Source
source
[http://books.google.com/books?id=W2lYAAAAMAAJ&pg=PA246&dq=malversation&hl=en&ei=TQlHTKuqHYfJnAespJjOBA&sa=X&oi=book_result&ct=result&resnum=28&ved=0CKsBEOgBMBs4ZA#v=onepage&q=malversation&f=false The Rationale of Reward (1811)]
6 months 2 weeks ago
It is the principle of antipathy which leads us to speak of offences as deserving punishment. It is the corresponding principle of sympathy which leads us to speak of certain actions as meriting reward. This word merit can only lead to passion and error. It is effects good or bad which we ought alone to consider.
0
⚖0
▼ Source
source
MSS 29, 32, University College Collection
6 months 2 weeks ago
It is part of a work to which if ever it should be completed I intend to give some such title as Principles of Legal Policy; the object of it is to trace out a new model for the Laws: of my own country you may imagine, in the first place: but keeping those of other countries all along in view. To ascertain what the Laws ought to be, in form and tenor as well as in matter: and that elsewhere as well as here. All that I shall say to recommend it to you is that I have taken counsel of you much oftener than of our own Ld. Coke and Hale and Blackstone. The repose of Grotius and Puffendorf and Barbeyrac and Burlamaqui I would never wish to see disturbed. I have built solely on the foundation of utility, laid as it is by Helvetius. Becarria has been lucrative pedibus, or if you please manibus, meis.
0
⚖0
▼ Source
source
Letter to Voltaire (c. November 1776), quoted in Timothy L. S. Sprigge (ed.), The Correspondence of Jeremy Bentham (2017), p. 367

Works (Thanks to Project Gutenberg)

CivilSimian.com created by AxiomaticPanic, CivilSimian, Kalokagathia