- Principles of Judicial Procedure, With the Outlines of a Procedure Code.
- Note By the Editor.
- Chapter I.: General View—ends of Judicature.
- Chapter II.: Ends Apt and Unapt.
- Chapter III.: Procedure—its Relation to the Rest of the Law.
- Chapter IV.: Judiciary Establishment.
- Chapter V.: Procedure—its Subject-matters.
- Chapter VI.: All-comprehensive Arrangements.
- Chapter VII.: Practical General Rules.
- Chapter VIII.: Judicial Application.
- Chapter IX.: Proxies.
- Chapter X.: Judicial Communication.
- Chapter XI.: Evidence.
- Chapter XII.: Initiatory Hearing.
- Chapter XIII.: Defence, How Elicited.
- Chapter XIV.: Suits, Their Sorts.
- Chapter XV.: Suits, Continuance Of.
- Chapter XVI.: Suits—termination.
- Chapter XVII.: Suits, Their Stages.
- Chapter XVIII.: Means of Execution.
- Chapter XIX.: Counter-security.
- Chapter XX.: Remedies,—compensation.
- Chapter XXI.: Judicial Transfer.
- Chapter XXII.: Prehension.
- Chapter XXIII.: Jury-trial.
- Chapter XXIV.: Special Juries.
- Chapter XXV.: Grand Juries.
- Chapter XXVI.: Quasi-jury.
- Chapter XXVII.: Recapitulatory Examination, Or Quasi-trial.
- Chapter XXVIII.: Appeal and Quasi-appeal.
- Chapter XXIX.: Natural and Technical Systems Compared.
- Appendix A.: Initial Sketch of the Procedure Code.
- Appendix B.: Account-taking Judicatories.
- Appendix C.: British India—jury System.
- From the Right Honourable Sir Alexander Johnston, to the Right Honourable Charles W. Williams Wynn, President of the Board of Controul.
- The Rationale of Reward.
- Advertisement By the Editor.
- Remarks By Mr. Bentham.
- Preliminary Observations.
- Book I.—: Of Rewards In General.
- Chapter I.: Definitions.
- Chapter II.: Matter of Reward—sources.
- Chapter III.: Of Reward and Punishment Combined.
- Chapter IV.: Of the Union of Interest With Duty, and of Self-executing Laws.
- Chapter V.: Matter of Reward—reasons For Husbanding.
- Chapter VI.: Remuneration Ex Post Facto.
- Chapter VII.: Punition and Remuneration—their Relations.
- Chapter VIII.: Remuneration—where Hurtful.
- Chapter IX.: Remuneration—where Needless.
- Chapter X.: Proportion As to Rewards.
- Chapter XI.: Choice As to Rewards.
- Chapter XII.: Procedure As to Rewards.
- Chapter XIII.: Rewards to Informers.
- Chapter XIV.: Rewards to Accomplices.
- Chapter XV.: Competition As to Rewards.
- Chapter XVI.: Rewards For Virtue.
- Chapter XVII.: Accompaniments to Remuneration.
- Book II.—: Rewards Applied to Offices.
- Chapter I.: Salary—how a Reward.
- Chapter II.: Rules As to Emoluments.
- Chapter III.: Fees and Perquisites—none.
- Chapter IV.: Minimize Emolument.
- Chapter V.: No More Nominal Than Real.
- Chapter VI.: Couple Burthen With Benefit.
- Chapter VII.: By Emoluments Exclude Corruption.
- Chapter VIII.: Give Pensions of Retreat.
- Chapter IX.: Of the Sale of Offices.
- Chapter X.: Of Qualifications.
- Chapter XI.: Of Trust and Contract Management.
- Chapter XII.: Of Reforms.
- Book III.—: Reward Applied to Art and Science.
- Chapter I.: Art and Science—divisions.
- Chapter II.: Art and Science—advancement.
- Chapter III.: Art and Science—diffusion.
- Leading Principles of a Constitutional Code, For Any State.
- Section I.: Ends Aimed At.
- Section II.: Principal Means Employed For the Attainment of the Above Ends.
- Liberty of the Press, and Public Discussion.
- Jeremy Bentham to the Spanish People.
- Letter I.: On the Liberty of the Press—the Approaching Eight Months’ Sleep of the Cortes—and the Exclusion of Experience From the Succeeding Cortes.
- Letter II.: On the Liberty of Public Discussion In Free Meetings.
- Letter III.: On the Liberty of Public Discussion In Free Meetings—continuation From Letter II.
- Letter IV.: On the Liberty of Public Discussion In Free Meetings—continuation of the Subject From Letter III.
- An Essay On Political Tactics, Or Inquiries Concerning the Discipline and Mode of Proceeding Proper to Be Observed In Political Assemblies: Principally Applied to the Practice of the British Parliament, and to the Constitution and Situation of the Nati
- Chapter I.: General Considerations.
- Chapter II.: Of Publicity.
- Chapter III.: Of the Place of Meeting and Its Dependencies.
- Chapter IV.: Of What Concerns the Members Present At a Legislative Assembly.
- Chapter V.: Of the Presidents and Vice-presidents Belonging to Political Assemblies.
- Chapter VI. *: of the Mode of Proceeding In a Political Assembly In the Formation of Its Decisions.
- Chapter VII.: Of the Proposal of Measures For Adoption.
- Chapter VIII.: Of the Different Acts Which Enter Into the Formation of a Decree.
- Chapter IX.: Of the Promulgation of Motions—of Bills—of Amendments, and Their Withdrawment.
- Chapter X.: Of the Drawing Up of Laws.
- Chapter XI.: Of Debates.
- Chapter XII.: Of Amendments.
- Chapter XIII.: Of Dilatory Motions, Or Motions of Adjournment.
- Chapter XIV.: Of Voting.
- Chapter XV.: Of Committees.
- Chapter XVI.: Of Formulas.
- The Book of Fallacies: From Unfinished Papers of Jeremy Bentham. Edited By a Friend.
- Preface By the Editor of the Original Edition.
- The Book of Fallacies.: Introduction.
- Section I.: A Fallacy, What.
- Section II.: Fallacies, By Whom Treated of Heretofore.
- Section III.: Relation of Fallacies to Vulgar Errors.
- Section IV.: Political Fallacies the Subject of This Work.
- Section V.: Division Or Classification of Fallacies
- Section VI.: Nomenclature of Political Fallacies.
- Section VII.: Contrast Between the Present Work and Hamilton’s “parliamentary Logic.”
- Part I.: Fallacies of Authority, the Subject of Which Is Authority In Various Shapes, and the Object to Repress All Exercise of the Reasoning Faculty.
- Chapter I.
- Chapter II.: The Wisdom of Our Ancestors; Or Chinese Argument—( Ad Verecundiam. )
- Chapter III.: Fallacy of Irrevocable Laws.
- Chapter IV.: No-precedent Argument—( Ad Verecundiam. )
- Chapter V.
- Chapter VI.: Laudatory Personalities— (ad Amicitiam.)
- Part II.: Fallacies of Danger, the Subject-matter of Which Is Danger In Various Shapes, and the Object to Repress Discussion Altogether, By Exciting Alarm.
- Chapter I.: Vituperative Personalities— (ad Odium.)
- Chapter II.
- Chapter III.: Fallacy of Distrust, Or, What’s At the Bottom?—( Ad Metum. )
- Chapter IV.: Official Malefactor’s Screen—( Ad Metum. )
- Chapter V.: Accusation-scarer’s Device—( Ad Metum. )
- Part III.: Fallacies of Delay, the Subject-matter of Which Is Delay In Various Shapes—and the Object, to Postpone Discussion, With a View of Eluding It.
- Chapter I.: The Quietist, Or “no Complaint”—( Ad Quietem )
- Chapter II.: Fallacy of False Consolation— (ad Quietem.)
- Chapter III.: Procrastinator’s Argument ( Ad Socordiam. )
- Chapter IV.: Snail’s-pace Argument.—( Ad Socordiam. )
- Chapter V.: Fallacy of Artful Diversion—( Ad Verecundiam. )
- Part IV.: Fallacies of Confusion, the Object of Which Is, to Perplex, When Discussion Can No Longer Be Avoided.
- Chapter I.: Question-begging Appellatives—( Ad Judicium. )
- Chapter II.: Impostor Terms—( Ad Judicium. )
- Chapter III.: Vague Generalities—( Ad Judicium. )
- Chapter IV.: Allegorical Idols—( Ad Imaginationem. )
- Chapter V.: Sweeping Classifications—( Ad Judicium. )
- Chapter VI.: Sham Distinctions—( Ad Judicium. )
- Chapter VII.: Popular Corruption—( Ad Superbiam. )
- Chapter VIII.: Observations On the Seven Preceding Fallacies.
- Chapter IX.: Anti-rational Fallacies—( Ad Verecundiam. )
- Chapter X.: Paradoxical Assertion—( Ad Judicium. )
- Chapter XI. :non-causa Pro Causa: Or, Cause and Obstacle Confounded—( Ad Judicium. )
- Chapter XII.: Partiality-preacher’s Argument—( Ad Judicium. )
- Chapter XIII.: The End Justifies the Means—( Ad Judicium. )
- Chapter XIV.: Opposer-general’s Justification:—not Measures But Men; Or, Not Men But Measures—( Ad Invidiam. )
- Chapter XV.: Rejection Instead of Amendment—( Ad Judicium. )
- Part V
- Chapter I.: Characters Common to All These Fallacies.
- Chapter II.: Of the Mischief Producible By Fallacies.
- Chapter III.: Causes of the Utterance of These Fallacies.
- Chapter IV.: Second Cause—interest Begotten-prejudice.
- Chapter V.: Third Cause—authority-begotten Prejudice.
- Chapter VI.: Fourth Cause—self-defence Against Counter-fallacies.
- Chapter VII.: Use of These Fallacies to the Utterers and Acceptors of Them.
- Chapter VIII.: Particular Demand For Fallacies Under the English Constitution.
- Chapter IX.: The Demand For Political Fallacies:—how Created By the State of Interests.
- Chapter X.: Different Parts Which May Be Borne In Relation to Fallacies.
- Chapter XI.: Uses of the Preceding Exposure.
- Anarchical Fallacies; Being an Examination of the Declarations of Rights Issued During the French Revolution.
- An Examination of the Declaration of the Rights of the Man and the Citizen Decreed By the Constituent Assembly In France.
- A Critical Examination of the Declaration of Rights.
- Declaration of the Rights and Duties of the Man and the Citizen, Anno 1795.
- Observations On Parts of the Declaration of Rights, As Proposed By Citizen Sieyes.
- Principles of International Law.
- Essay I.: Objects of International Law.
- Essay II.: Of Subjects, Or of the Personal Extent of the Dominion of the Laws.
- Essay III.: Of War, Considered In Respect of Its Causes and Consequences.
- Essay IV.: A Plan For an Universal and Perpetual Peace.
- Appendix. * —junctiana Proposal.
- A Protest Against Law-taxes, Showing the Peculiar Mischievousness of All Such Impositions As Add to the Expense of Appeal to Justice.
- Supply Without Burden; Or Escheat Vice Taxation: Being a Proposal For a Saving of Taxes By an Extension of the Law of Escheat, Including Strictures On the Taxes On Collateral Succession Comprised In the Budget of 7 Th December 1795.
- Section I.: General Idea.
- Section II.: Order of the Details.
- Section III.: Advantages.
- Section IV.: Originality.
- Section V.: Produce.
- Section VI.: Application.
- Section VII.: Heads of Objection, With Answers. †
- Section VIII.: Existing Law.
- Section IX.: Ancient Law.
- Section X.: Blackstone.
- Tax With Monopoly; Or Hints of Certain Cases In Which, In Alleviation of the Burden of Taxation, Exclusive Privileges May Be Given As Against Future Competitors, Without Producing Any of the Ill Effects, Which In Most Cases Are Inseparable From Everyth
- I.: Stock-brokers.
- II.: Bankers.
The arrangements in this proposed Procedure Code bear reference to a correspondent judiciary establishment, without which, execution and effect could not be given to them.
For the list of arrangements proposed for the establishment of it, see the Chapters in the Constitutional Code, from XII. to XXVII. inclusive.
Of the leading features of the system of arrangements, the following summary intimation may in this place, notwithstanding the scantiness of it, be not altogether without its use.
Exceptions excepted, and those few and narrow, and for special causes:—
1. Number of judges in a judicatory, in no instance more than one. Judicatories, each of them single seated. Principle, in one word, the principle of single-seatedness.
2. To the cognizance of every judicatory belong all sorts of cases, or say suits. Principle, in one word, the principle of omnicompetence.
3. From every judicatory, in every case, appeal lies, to one other judicatory, and no more. The judicatory appealed from, the immediate judicature: judicatory appealed to, the appellate judicatory.
4. Attached to every judicatory are—1. A registrar; 2. A government advocate; 3. An eleemosynary advocate: the eleemosynary advocate, for support to the interests of the otherwise helpless, among suitors.
5. Presiding each over a certain number of immediate judicatories, are appellate judicatories: the number, such as the experience of the need manifested of their service, shall have indicated.
In federal commonwealths and countries in which the population is thin, distance great, and means of communication comparatively rare, it may be of use that they be scattered over the country; and where sub-legislatures have place, for every sub-legislature, and in the town which is the seat of it, there should be an appellate judicatory: and thus, by the efflux of suitors to the judicatory, and of members and other functionaries of the legislature, a good public, filled with appropriate aptitude—moral, intellectual, and active—may in each of these seats of business be created and preserved.
But in England, on the contrary, where the communication is so prompt, and the occasions and means so abundant, the demand for a number of appellate judicatories in so many places distant from each other, seems hardly to have place. The metropolis, the immediate centre of all business, which at all times will be sure to afford a public, with the aptitude of which no other town can bear comparison, may serve for all of them.
6. To every judge belongs the power of locating deputes, permanent and occasional, in number to which no present limits can be assigned. To the judge-principal belongs a salary in possession: to each judge-depute permanent, the office of judge-principal, with the salary annexed to it in prospect. By this means, the quantity of judge-power, using the term in the same sense as in the cases of clerk-power and horse-power, will be at all times in sufficiency, at no time in excess. A man will not accept the appointment of judge-depute, in the case where the number of persons already in that situation reduces the prospect of succession to a quantity too small to produce the desire. A judge-depute is as it were an apprentice to his principal, learning his trade in the course of his service.
7. As to the office of judge, so as to the several offices of registrar, government advocate, and eleemosynary advocate, is the power of deputation as above allotted.
8. When time has given room for judge-deputes in sufficient numbers (each with sufficient length of service) to come into existence, no person will be capable of being located as a judge-principal, who has not, for a certain number of years, officiated as judge-depute.
9. At the same time, no person who has ever acted in the capacity of professional lawyer, will be capable of being located in the situation of judge.
10. In every judicatory, to serve as a check upon arbitrary power in the situation of judge, care will be taken to secure the presence of a good public, or say committee of the public-opinion tribunal. Elementary classes, and individuals entering into the composition of this committee, are these:—
(1.) Suitors waiting for the calling on of their respective suits.
(2.) Probationary lawyers, serving in this seat of judicature a quasi-clerkship, or apprenticeship,—duration of it five years,—during the two last of which, they are admitted to advocate the suits of helpless litigants, or would-be litigants rendered helpless by non-possession of the money necessary to the defraying of the expense.
(3.) The government advocate.
(4.) The eleemosynary advocate, i. e. the advocate appointed by government to give assistance on the side of litigants, and would-be litigants rendered helpless by relative indigence as above.
(5.) The quasi-jury, on the occasion of quasi-jury hearings.
11. The elementary functions, necessarily exercised on the occasion of every judicial inquiry, are—1. The auditive; 2. The inspective; and, 3. The lective.
12. The helpless litigants’ fund, or fund for defraying the expense necessary to effect the forthcomingness of such evidence as the suit may happen to furnish: a fund partly composed of fines, or say mulcts, inflicted for pursuits accompanied with temerity or evil consciousness.