University of Virginia Library

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) Traités de Legislation civile et pénale (1802; second edition, revised, 1820): [vol. i, contains Principes généraux de Legislation and Principes du Code civil; vol. ii, Principes du Code pénal; and vol. iii, Mémoire sur le Panoptique, De la Promulgation des Lais, De l'Influence du Temps et des Lieux, and Vue générale d'un Corps complet des Lois]; (2) Tactiques des Assemblées déliberantes et Traité des Sophismes politiques, 1816; (4) Traité des Preuves judiciares, 1823; and (5) De l'Organisation judicaire et de la Codification, 1823.

In the following I give reference 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) constitutional law; (6) political tactics; (7) international law; (8) finance; and (9) political economy,and by a tenth treatise giving a plan fo 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 Traités 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 section 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 Traités, 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 pénal (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 Théorie des Peines et des Récompenses. 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 Théorie des Peines et des Récompensees. The English version in the Works, chiefly translated from Dumont and compared with the original manuscript, 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, 548n.)

The Table of the Springs of Action (i, 195-220), written at an early period, was printed in 1815,and published, with modifications, in 817. The Vue générale included in the Traités 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 Traités 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 canal between the Atlantic and the Pacific -- written in 1822, as an appendix.

Besides the above, all written before 1789, in pursuance of his schem, Bentham had published in 1778 his View of the Hard Labour Bill (iv, 1-36); and in 1787 his Defence of Usury (iii, 1-19). 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 Organization 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, 73n.), corresponds to No. 9 of his scheme. A chapter appeared in the Bibliothèque Britannique in 1798. It was partly used in Dumont's Théorie des Récompenses, and first published in English in Works (iii, 31-84). Emancipate 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 Constitution (on transportation to New South Wales) (iv, 249-284) in 1803. Closely connected with these are Poor-Laws and Pauper Managment (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 on the Rationale of Evidence, finished and partly printed in 1812 (see Works, x, 468n, and Bain's James Mill, 105, 120). Dumont's Traité des Preuves judiciares (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, represented 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 Wolsely (v, 239-261) were published in 1820. Official Aptitude minimised; 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 Indication 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 Arrangement 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 Analysis 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' Life of Place, p. 83). Mother Church of England relieved by Bleeding (1823) and the Book of Church Reform (131) 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 wit 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 Constitutional Code (ii, 267-274) appeared in the Pamphleteer in 1823. The first volume of the Constitutional 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 the 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 Petitions (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 1820; Equity Dispatch Court Proposals (iii, 297-432), first published in Works and written from 1829 to 1821; 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 nubmer of scraps, is probably more 'Bowringised' than the first.

Dumont's Traités 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 Grundsätze 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 Staël 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 favourable noticed in the Hermes for 1822, and his merits since acknowledged by Mittermaier and Warnkönig in the Zeitschrift für Rechtwissenschaft. Beneke (1898-1854) was opposed to the Hegelian tendencies of his time, and much influence by Herbart. See Ueberweg's History of Philosophy (English translation, 1874, ii, 281, etc.) and the account of Bentham in Robert von Mohl's Staatswissenshcaften, etc. (1833), iii, 595-635.

A great mass 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 manuscripts of published works. Some are upon the same subjects as the published works, and other refer to topics not included in his publications. Besides the Deontology manuscripts 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 manuscripts of the Nomography, Logical Arrangements, etc. This collection was used by Bowring and by Lady Bentham in the life of her husband.