Jeremy Bentham

Ten Critical Essays

Bhikhu Parekh

• Publisher: Routledge
• Year: 2013
• Print ISBN:
  9780415691864
• eBook ISBN:
  9781136576454
• Topic: Politics & International Relations
• Subtopic: Politics
• Index: Politics & International Relations

Jeremy Bentham, the father of utilitarianism, not only created a philosophical system which sought a rational solution to the problems of ethics, but was also concerned with the practical application of his theories to social reforms, administration, education and the law. This reissued volume represents a comprehensive collection of essays on Bentham's work from J. S. Mill to the year of the book's first publication in 1974.

The wide range of Bentham's concern and the varied reactions he provoked are well represented by the essays in this volume. It begins with Mill's famous appraisal of the virtues and deficiencies of the theory that had so much influence on his own, followed by the criticisms of perhaps the ablest of Bentham's (and Mill's) contemporary opponents, William Whewell. Bentham's psychology and analysis of human motivation is dealt with by John Watson, and in the editor's own essay on the thorny problem of the justification of the principle of utility, the whole question of the link between specific human desires and the general desire for pleasure is examined as a psychological as well as a logical problem.

The seldom-considered subject of Bentham's logic and the way in which he anticipates in some respects the work of Frege and Wittgenstein is considered by H. L. A. Hart, who has also contributed a paper on the question of sovereignty. Bentham's Political Fallacies is examined by Professor Burns, and the Constitutional Code and its projection of Bentham's ideal republic as considered by Thomas Peardon makes interesting reading in the light of David Robert's analysis of the impact Bentham had on the Victorian administrative state. Finally, there is Wesley C.
Mitchell's interesting paper on the notorious felicific calculus.

The editor has written an extensive introduction which will prove useful not only to those unfamiliar with Bentham's writings but to those acquainted with only one aspect of his work. Philosophers, jurists and political scientists should all find something of interest in this collection.

Chapter 1

Bentham

J. S. Mill

[Although this is the most famous of Mill’s essays on Bentham it is not the only one. Mill’s first writing on Bentham was his obituary notice in The Examiner, 10th June, 1832. In 1833 at the request of Edward Lytton Bulwer, later 1st Baron Lytton, he wrote a critical account of Bentham’s philosophy which was printed as Appendix B in Lytton’s England and the English, London, Bentley, 1833. In August 1838 Mill published an essay on Bentham in London and Westminster Review. It was signed ‘A’ and was a review of Bowring’s edition of Bentham’s works. This number of the Review went into second edition, but Mill made no changes except to add a footnote at the end. Later in the year Mill’s essay appeared as an offprint, entitled An Estimate of Bentham’s Philosophy. It was still signed ‘A’, and apart from removing the running titles Mill made no other changes. When, however, he later included it in his Dissertations and Discussions vol. I, he revised it at several places. It is this final version that I have used here, indicating at appropriate places many of Mill’s important revisions. Mill’s last systematic discussion of Bentham was in his ‘Dr. Whewell on Moral Philosophy’, published in Westminster Review,October, 1852, and reprinted without substantial changes in his Dissertations and Discussions,vol. II. This is a shrewd and skilful essay in that having himself criticized Bentham a few years earlier, he is now required to defend him against Whewell’s similar criticisms. For further comments see the editorial note on p. 41—Editor.]

There are two men, recently deceased, to whom their country is indebted not only for the greater part of the important ideas which have been thrown into circulation among its thinking men in their time, but for a revolution in its general modes of thought and investigation. These men, dissimilar in almost all else, agreed in being closet-students—secluded in a peculiar degree, by circumstances and character, from the business and intercourse of the world: and both were, through a large portion of their lives, regarded by those who took the lead in opinion (when they happened to hear of them) with feelings akin to contempt. But they were destined to renew a lesson given to mankind by every age, and always disregarded—to show that speculative philosophy, which to the superficial appears a thing so remote from the business of life and the outward interests of men, is in reality the thing on earth which most influences them, and in the long run overbears every other influence save those which it must itself obey. The writers of whom we speak have never been read by the multitude; except for the more slight of their works, their readers have been few: but they have been the teachers of the teachers; there is hardly to be found in England an individual of any importance in the world of mind, who (whatever opinions he may have afterwards adopted) did not first learn to think from one of these two ; and though their influences have but begun to diffuse themselves through these intermediate channels over society at large, there is already scarcely a publication of any consequence addressed to the educated classes, which, if these persons had not existed, would not have been different from what it is. These men are, Jeremy Bentham and Samuel Taylor Coleridge—the two great seminal minds of England in their age.

No comparison is intended here between the minds or influences of these remarkable men: this was impossible unless there were first formed a complete judgment of each, considered apart. It is our intention to attempt, on the present occasion, an estimate of one of them; the only one, a complete edition of whose works is yet in progress, and who, in the classification which may be made of all writers into Progressive¹ and Conservative, belongs to the same division with ourselves. For although they were far too great men to be correctly designated by either appellation exclusively, yet in the main, Bentham was a Progressive philosopher, Coleridge a Conservative one. The influence of the former has made itself felt chiefly on minds of the Progressive class; of the latter, on those of the Conservative :² and the two systems of concentric circles which the shock given by them is spreading over the ocean of mind, have only just begun to meet and intersect. The writings of both contain severe lessons to their own side, on many of the errors and faults they are addicted to : but to Bentham it was given to discern more particularly those truths with which existing doctrines and institutions were at variance; to Coleridge, the neglected truths which lay in them.

A man of great knowledge of the world, and of the highest reputation for practical talent and sagacity among the official men of his time (himself no follower of Bentham, nor of any partial or exclusive school whatever) once said to us, as the result of his observation, that to Bentham more than to any other source might be traced the questioning spirit, the disposition to demand the why of everything, which had gained so much ground and was producing such important consequences in these times.³ The more this assertion is examined, the more true it will be found. Bentham has been in this age and country the great questioner of things established. It is by the influence of the modes of thought with which his writings inoculated a considerable number of thinking men, that the yoke of authority has been broken, and innumerable opinions, formerly received on tradition as incontestable, are put upon their defence, and required to give an account of themselves. Who, before Bentham (whatever controversies might exist on points of detail) dared to speak disrespectfully, in express terms, of the British Constitution, or the English Law ? He did so; and his arguments and his example together encouraged others. We do not mean that his writings caused the Reform Bill, or that the Appropriation Clause owns him as its parent: the changes which have been made, and the greater changes which will be made, in our institutions, are not the work of philosophers, but of the interests and instincts of large portions of society recently grown into strength. But Bentham gave voice to those interests and instincts: until he spoke out, those who found our institutions unsuited to them did not dare to say so, did not dare consciously to think so; they had never heard the excellence of those institutions questioned by cultivated men, by men of acknowledged intellect; and it is not in the nature of uninstructed minds to resist the united authority of the instructed. Bentham broke the spell. It was not Bentham by his own writings; it was Bentham through the minds and pens which those writings fed—through the men in more direct contact with the world, into whom his spirit passed. If the superstition about ancestorial wisdom has fallen into decay; if the public are grown familiar with the idea that their laws and institutions are in great part not the product of intellect and virtue, but of modern corruption grafted upon ancient barbarism; if the hardiest innovation is no longer scouted because it is an innovation—establishments no longer considered sacred because they are establishments—it will be found that those who have accustomed the public mind to these ideas have learnt them in Bentham’s school, and that the assault on ancient institutions has been, and is, carried on for the most part with his weapons. It matters not although these thinkers, or indeed thinkers of any description, have been but scantily found among the persons prominently and ostensibly at the head of the Reform movement. All movements, except directly revolutionary ones, are headed, not by those who originate them, but by those who know best how to compromise between the old opinions and the new. The father of English innovation both in doctrines and in institutions, is Bentham: he is the great subversive,or, in the language of continental philosophers, the great critical,thinker of his age and country.

We consider this, however, to be not his highest title to fame. Were this all, he were only to be ranked among the lowest order of the potentates of mind—the negative, or destructive philosophers; those who can perceive what is false, but not what is true; who awaken the human mind to the inconsistencies and absurdities of time-sanctioned opinions and institutions, but substitute nothing in the place of what they take away. We have no desire to undervalue the services of such persons • mankind have been deeply indebted to them; nor will there ever be a lack of work for them, in a world in which so many false things are believed, in which so many which have been true, are believed long after they have ceased to be true. The qualities, however, which fit men for perceiving anomalies, without perceiving the truths which would rectify them, are not among the rarest of endowments. Courage, verbal acuteness, command over the forms of argumentation, and a popular style, will make, out of the shallowest man, with a sufficient lack of reverence, a considerable negative philosopher. Such men have never been wanting in periods of culture; and the period in which Bentham formed his early impressions was emphatically their reign, in proportion to its barrenness in the more noble products of the human mind. An age of formalism in the Church and corruption in the State, when the most valuable part of the meaning of traditional doctrines ⁴ had faded from the minds even of those who retained from habit a mechanical belief in them, was the time to raise up all kinds of sceptical philosophy. Accordingly, France had Voltaire, and his school of negative thinkers, and England (or rather Scotland) had the profoundest negative thinker on record, David Hume: a man, the peculiarities of whose mind qualified him to detect failure of proof, and want of logical consistency, at a depth which French sceptics, with their comparatively feeble powers of analysis and abstraction, stopt far short of,⁵ and which German subtlety alone could thoroughly appreciate, or hope to rival.

If Bentham had merely continued the work of Hume, he would scarcely have been heard of in philosophy; for he was far inferior to Hume in Hume’s qualities, and was in no respect fitted to excel as a metaphysician. We must not look for subtlety, or the power of recondite analysis, among his intellectual characteristics. In the former quality, few great thinkers have ever been so deficient; and to find the latter, in any considerable measure, in a mind acknowledging any kindred with his, we must have recourse to the late Mr. Mill—a man who united the great qualities of the metaphysicians of the eighteenth century, with others of a different complexion, admirably qualifying him to complete and correct their work. Bentham had not these peculiar gifts; but he possessed others, not inferior, which were not possessed by any of his precursors; which have made him a source of light to a generation which has far outgrown their influence, and, as we called him, the chief subversive thinker of an age which has long lost all that they could subvert.

To speak of him first as a merely negative philosopher—as one who refutes illogical arguments, exposes sophistry, detects contradiction and absurdity; even in that capacity there was a wide field left vacant for him by Hume, and which he has occupied to an unprecedented extent; the field of practical abuses. This was Bentham’s peculiar province: to this he was called by the whole bent of his disposition: to carry the warfare against absurdity into things practical. His was an essentially practical mind. It was by practical abuses that his mind was first turned to speculation—by the abuses of the profession which was chosen for him, that of the law. He has himself stated what particular abuse first gave that schock to his mind, the recoil of which has made the whole mountain of abuse totter; it was the custom of making the client pay for three attendances in the office of a Master in Chancery, when only one was given. The law, he found, on examination, was full of such things. But were these discoveries of his? No; they were known to every lawyer who practised, to every judge who sat on the bench, and neither before nor for long after did they cause any apparent uneasiness to the consciences of these learned persons, nor hinder them from asserting, whenever occasion offered, in books, in parliament, or on the bench, that the law was the perfection of reason. During so many generations, in each of which thousands of educated young men were successivly placed in Bentham’s position and with Bentham’s opportunities, he alone was found with sufficient moral sensibility and self-reliance to say to himself that these things, however profitable they might be, were frauds, and that between them and himself there should be a gulf fixed. To this rare union of self-reliance and moral sensibility we are indebted for all that Bentham has done. Sent to Oxford by his father at the unusually early age of fifteen—required, on admission, to declare his belief in the Thirty-nine Articles—he felt it necessary to examine them; and the examination suggested scruples, which he sought to get removed, but instead of the satisfaction he expected was told that it was not for boys like him to set up their judgment against the great men of the Church. After a struggle, he signed; but the impression that he had done an immoral act, never left him; he considered himself to have committed a falsehood, and throughout life he never relaxed in his indignant denunciations of all laws which command such falsehoods, all institutions which attach rewards to them.

By thus carrying the war of criticism and refutation, the conflict with falsehood and absurdity, into the field of practical evils, Bentham, even if he had done nothing else, would have earned an important place in the history of intellect. He carried on the warfare without intermission. To this, not only many of his most piquant chapters, but some of the most finished of his entire works, are entirely devoted: the ‘Defence of Usury’; the ‘Book of Fallacies’; and the onslaught upon Blackstone, published anonymously under the title of ‘A Fragment on Government’, which, though a first production, and of a writer afterwards so much ridiculed for his style, excited the highest admiration no less for its composition than for its thoughts, and was attributed by turns to Lord Mansfield, to Lord Camden, and (by Dr. Johnson) to Dunning, one of the greatest masters of style among the lawyers of his day. These writings are altogether original; though of the negative school, they resemble nothing previously produced by negative philosophers; and would have sufficed to create for Bentham, among the subversive thinkers of modern Europe, a place peculiarly his own. But it is not these writings that constitute the real dinstinction between him and them. There was a deeper difference. It was that they were purely negative thinkers, he was positive: they only assailed error, he made it a point of conscience not to do so until he thought he could plant instead the corresponding truth. Their character was exclusively analytic, his was synthetic. They took for their starting-point the received opinion on any subject, dug round it with their logical implements, pronounced its foundations defective, and condemned it: he began de novo,laid his own foundations deeply and firmly, built up his own structure, and bade mankind compare the two; it was when he had solved the problem himself, or thought he had done so, that he declared all other solutions to be erroneous. Hence, what they produced will not last; it must perish, much of it has already perished, with the errors which it exploded: what he did has its own value, by which it must outlast all errors to which it is opposed. Though we may reject, as we often must, his practical conclusions, yet his premises, the collections of facts and observations from which his conclusions were drawn, remain for ever, a part of the materials of philosophy.

A place, therefore, must be assigned to Bentham among the masters of wisdom, the great teachers and permanent intellectual ornaments of the human race. He is among those who have enriched mankind with imperishable gifts; and although these do not transcend all other gifts, nor entitle him to those honours ‘above all Greek,...

Table of contents

• Cover
• Half Title
• Full Title
• Copyright
• Contents
• Acknowledgments
• Introduction
• 1. Bentham by J. S. Mill
• 2. Bentham by William Whewell
• 3. Bentham by John Watson
• 4. Bentham by H. L. A. Hart
• 5. Bentham's Justification of the Principle of Utility by Bhikhu Parekh
• 6. Bentham's Ideal Republic by Thomas Peardon
• 7. Bentham on Sovereignty by H. L. A. Hart
• 8. Bentham's Critique of Political Fallacies by J. H. Burns
• 9. Bentham's Felicific Calculus by Wesley C. Mitchell
• 10. Jeremy Bentham and the Victorian Administrative State by David Roberts