The Collected Works of Jeremy Bentham: An Introduction to the Principles of Morals and Legislation

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Clarendon Press, Jan 11, 1996 - History - 456 pages
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The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published. An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality. A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill.
 

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Contents

INTRODUCTION by F Rosen
xxxi
FURTHER READING
lxxi
BENTHAMS PRINCIPLE OF UTILITY
lxxix
PREFACE
1
Pleasures of wealth which are either of acquisition
5
It depends upon what the act appears to be to him 126
6
2 Between the intentions of the same person at different times 127
7
When directly intentional it may be exclusively so
8
Case 7 Tendency goodmotive piety
131
Case 9 Tendency goodmotive malevolence
133
Example
134
Standing tutelary motives are Goodwill
135
The love of reputation
136
Occasional tutelary motives may be any whatsoever
137
What a mans disposition is can only be matter of presumption 126
141
OF THE CONSEQUENCES
143

OF THE PRINCIPLE OF UTILITY
11
to examples of other cases where the mischief is less
16
OF PRINCIPLES ADVERSE TO THAT
17
This is rather the negation of all principle than
25
Connexion between offences by falsehood and offences
30
But errs in some instances on the side of lenity
31
In what ways the law is concerned with the above pains
33
OF THE FOUR SANCTIONS OR SOURCES
34
Use of the foregoing process
40
or of possession
43
Pleasures of a good name
44
Pleasures of the memory
45
Pains of privation
46
No positive pains correspond to the pleasure of the sexual sense 47 n 22 Pains of awkwardness
47
Pains of piety
48
Pains of association
49
OF CIRCUMSTANCES INFLUENCING SENSIBILITY
51
Circumstances influencing sensibility what
52
Health
53
Hardiness
54
Bodily imperfection
55
Firmness of mind
56
Moral sensibility
57
Sympathetic biases
58
Connexions in the way of sympathy
60
Connexions in the way of antipathy
61
Radical frame of body
62
Yet the result of them is not separately discernible
63
Secondary influencing circumstances
64
Age
65
Education
66
Climate
67
Religious profession
68
Use of the preceding observations
69
How far the circumstances in question can be taken into account
70
Analytical view of the circumstances influencing sensibility
72
OF HUMAN ACTIONS IN GENERAL
74
The intention depends as well upon the understanding as the will
75
Negative acts may be so relatively or absolutely
76
A transitive act its commencement termination and intermediate progress
77
Acts transient and continued
78
Caution respecting the ambiguity of language
79
Circumstances material and immaterial
80
It is not every event that has circumstances related to it in all those ways
81
Use of this chapter
82
OF INTENTIONALITY
84
but not without regarding the first stage
85
A consequence when intentional may be direcdy so or obliquely
86
When disjunctively it may be with or without preference
87
Intentionality of the act with respect to its different stages how far material
88
OF CONSCIOUSNESS
90
The supposed circumstance might have been material in the way either of prevention or of compensation
91
In what case consciousness extends the intentionality from the act to the consequences
92
It is better when the intention is meant to be spoken of as being good or bad not to say the motive
93
Intention in what cases it may be innocent
94
Use of this and the preceding chapter
95
OF MOTIVES
96
Figurative and unfigurative senses of the word
97
Motive in prospectmotive in esse
98
Motives to the understanding how they may influence the will
99
No motives either constantly good or constantly bad 9 Nothing can act of itself as a motive but the ideas of pleasure or pain
100
Difficulties which stand in the way of an analysis of this sort
101
Catalogue of motives corresponding to that of Pleasures and Pains 14 Physical desire corresponding to pleasures of sense in general
103
Sexual desire corresponding to the pleasures of the sexual sense
104
Pecuniary interest to the pleasures of wealth
105
To the pleasures of power the love of power
108
The motive belonging to the religious sanction
109
Illwill c to the pleasures of antipathy
111
Selfpreservation to the several kinds of pains
112
To the pains of exertion the love of ease
113
Motives can only be bad with reference to the most frequent complexion of their effects
114
Under the above restrictions motives may be distinguished into good bad and indifferent or neutral
115
It is only in individual instances that motives can be good or bad
116
Yet do not in all cases
117
Next to them come those of the love of reputation
118
Next those of the desire of amity
119
Tendency they have to improve
121
Conflict among motives 43 Motives impelling and restraining what
122
Practical use of the above disquisitions relative to motives
123
OF HUMAN DISPOSITIONS IN GENERAL
125
A mischievous disposition a meritorious disposition what
126
2 from the nature of the motive
127
Case 3 Tendency goodmotive goodwill
128
Example II
129
Case 6 Tendency badmotive honour
130
conspicuous
149
No alarm when no assignable person is the object
151
How intentionality bc may influence the mischief of an act 19 Secondary mischief influenced by the state of the agents mind
152
Case 1 Involuntariness
153
Case 6 Consequences completely intentional and free from missupposal
154
But it may aggravate the mischievousness where they are mischievous
155
so even when issuing from the motive of religion
156
CASES UNMEET FOR PUNISHMENT
158
Therefore ought not to be admitted
159
OF THE PROPORTION BETWEEN
165
Rule 7 Want of certainty must be made up in magnitude
170
Rule 10 For the sake of quality increase in quantity
171
Proportionality carried very far in the present workwhy 172 n 26 Auxiliary force of the physical moral and religious sanctions not here allowed forw...
172
The nicety here observed vindicated from the charge of inutility
173
OF THE PROPERTIES TO BE GIVEN TO A LOT OF PUNISHMENT
175
Punishments which are apt to be deficient in this respect
176
Property 3 Commensurability to other punishments
177
Property 4 Characteristicalness
178
The most effectual way of rendering a punishment exemplary is by means of analogy
179
Exemplarity and frugality in what they differ
180
applied to offences originating in illwill
181
Other punishments in which it is to be found
182
Mischiefs resulting from the unpopularity of a punish mentdiscontent among the people and weakness in the law
183
Property 11 Remissibility
184
To obtain all these properties punishments must be mixed
185
Connexion of this with the ensuing chapter
186
DIVISION OF OFFENCES
187
No act ought to be an offence but what is detrimental to the community
188
Class 2 Semipublic offences
189
Class 5 Multiform offences viz
190
Divisions and subdivisions
191
Connection of offences against religion with the fore
201
Offences against trust condition and property
208
Offences against trusttheir connexion with each
214
Prodigality in trustees dismissed to Class 3
221
Genera of Class I
222
Offences against reputation
225
Offences against property
233
Offences against person and property
234
Domestic relations which are purely of legal institution
236
Offences touching the condition of a master
239
Various modes of servitude
241
Guardianship whatNecessity of the institution
244
Duration to be given to it
246
Offences touching the condition of a guardian
250
Offences touching the filial condition
252
Condition of a husband Powers duties and rights that may be annexed to it
254
Offences touching the condition of a husband
255
Offences touching the condition of a wife
257
Civil conditions
264
Advantages of the present method 56 General idea of the method here pursued
270
Its advantagesIt is convenient for the apprehension and the memory
272
It gives room for general propositions
273
It is alike applicable to the laws of all nations
274
Characters of class 1
275
Characters of class 2
276
Characters of class 3
277
Characters of class 4
278
Characters of class 5
279
OF THE LIMITS OF THE PENAL BRANCH OF JURISPRUDENCE
281
Ethics in general what
282
Art of education
283
Probity and beneficence how they connect with prudence
284
Every act which is a proper object of ethics is not of legislation
285
Neither ought to apply where punishment is groundless
286
How far where it would be unprofitable
287
2 By enveloping the innocent
288
Legislation how far necessary for the enforcement of the dictates of prudence
289
Apt to go too far in this respect
290
Particularly in matters of religion
291
How far necessary for the enforcement of the dictates of probity
292
Difference between private ethics and the art of legislation recapitulated
293
Expository jurisprudence authoritative unauthoritative
294
internal and international
296
Internal jurisprudence national and provincial local or particular
297
Jurisprudence statutorycustomary
298
Question concerning the distinction between the civil branch and the penal stated
299
CONCLUDING NOTE
301
Every law is either a command or a revocation of one
302
But a punitory law involves the simply imperative one it belongs to
303
The same mass of expository matter may serve in com mon for many laws
304
INDEX OF SUBJECTS
313
INDEX OF NAMES
341
Copyright

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