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• Principles of Judicial Procedure, With the Outlines of a Procedure Code.
• Note By the Editor.
• Preface.
• Introduction.
• 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.
• Appendix.
• 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.
• Advertisement.
• 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.
• Advertisement.
• An Examination of the Declaration of the Rights of the Man and the Citizen Decreed By the Constituent Assembly In France.
• Preamble.
• 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.
• Preface.
• 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.

CHAPTER XV.

SUITS, CONTINUANCE OF.

The original applicant having been admitted, and this same applicant, or (in the case where he is but an informant) another individual, or (in conjunction with him, or in his stead) the government advocate, being admitted pursuer; and the pursuers, if more than one, and the defendants, if more than one, ascertained and noted down as such: the portion of law of which the legal part of the assumed cause of right is constituted being also ascertained, to wit, by the demand-paper, in which the pursuers (if more than one) will have joined: all the remaining operations (the incidental excepted) which are capable of having place during the continuance of the suit, (or say, all the operations that are capable of having place between those performed at the commencement as above, and the issuing of the decree by which execution or dismissal has place)—are composed of probation, with or without counter-probation, exhibition of appropriate evidence on the pursuer’s side, with or without exhibition of appropriate evidence on the defendant’s side.

Of the diversification which the matter of which the proof is capable of being composed—or say, of the matter of proof or probative matter—is susceptible, exhibition has been made under the head of Evidence. Susceptible of the same diversification is the genus of persons distinguished by the appellation of evidence-holders: one sort of evidence-holder being of the sort at whose command is evidence of the sort in question: the evidence-holder of another sort, he at whose command is evidence of another of those same sorts.

Things being in this state, what shall be the order of proceedings? Answer: That which is prescribed by the delay-minimizing principle and the corresponding rules. Elicit every article of evidence as soon as may be. Exceptions excepted, inability within the time in question to obtain one piece of evidence, affords no reason for omitting, for any length of time, to obtain any other piece of evidence, much less for omitting the second piece of evidence, till the expiration of the whole length of time which must elapse before the first piece of evidence can have been obtained.

Exceptions will be the following, on the supposition that the matter of fact has in each case respectively been rendered preponderately probable:—

1. Results of the acceleration, misdecision.

2. Results of the acceleration, to a preponderant amount, addition to the expense.

Neither of these cases presents itself as of a nature to be frequently, if at all, exemplified.

A case in which the production of misdecision might be probabilized, is that where, if an antecedently exhibited piece of evidence were made known to the person at whose hands a subsequent piece of evidence is required, it might have produced the effect of sinister, that is to say, mendacity-assisting information, or say instruction. But from the observation of this danger, the practical conclusion and correspondent rule is—when the evidence in question has been elicited, keep it during the requisite length of time undivulged; not abstain from eliciting it.

But for whatever reason, in regard to evidence, exceptions excepted as above, it is right that in no instance, of any piece of evidence, should the elicitation be purposely delayed, so is it, and for the same reason, that no factitious delay should be interposed between the ascertainment of the person or persons, if any, who are concerned in point of interest to be admitted as co-pursuers: or the person or persons who, on the account of the pursuer or pursuers, or on their own account respectively, are concerned in point of interest, in being constituted co-defendants.

Before an applicant, whether proposed pursuer or informant, is dismissed from the justice-chamber,—in relation to every person, if any, of whom by such applicant, indication has been given of his being likely to be able to afford evidence likely to be relevant and material to the subject-matter of the application, in such sort as to be fit to enter into the grounds of the judge’s decrees, opinative and imperative, in consequence of, and correspondent to, such application;—it will be for the care of the judge, by means of an appropriate mandate, to elicit from such applicant, indication in so far as he is able to afford it, respecting the trustworthiness of such evidence as may be obtainable from that source, and the means of obtainment in relation to such evidence.

Name of the mandate issued for this purpose, a supposed and proposed evidence-holder’s description-requiring mandate.

Heads, under every one of which, matter of the indication, or say information, sought for by such mandate, will require to be inserted, or ignorance declared, are the following:—

1. Name: surname and Christian name, or the equivalent, included.

2. Condition in respect of occupation.

3. Condition in respect of marriage.

4. Condition in respect of abode.

5. Matter of fact, in relation to which he is expected to be able to furnish evidence.

6. Nature of the evidence which he is expected to be able to furnish.

7. Condition in respect of sex.

8. Condition in respect of age.

In relation to these several topics, by himself, or with the assistance of the registrar, the judge will elicit the appropriate information by vivâ voce interrogation; the registrar making minutation and recordation accordingly, until the matter of the mandate has been completed; and in relation to such matter, the applicant will be required, by his signature, in relation to such heads separately, or in relation to the whole collectively, to make known his assent or dissent. In case of his dissent to the matter of the entry made in relation to such head, the process of elicitation will be continued till some proposition be elicited from him, to which his signature, in token of assent, has been attached.

In so far as ascertained, according to the relation they respectively bear to the suit, and their respective local situation, issue to them, or for them, the mandates following:—

I. To an expected pursuer or co-pursuer—

Pursuership or co-pursuership acceptance, or refusal-requiring, mandate.

In this case, in conjunction with the mandate, the registrar will transmit an exemplar of the original pursuer’s demand-paper, with directions, or say instructions, indicative of the mode of expressing such acceptance or refusal, as the case may be: together with order for the retransmission of it when filled up, and the means of securing communication with him thenceforward: and information as to the consequences in each case, with reference to his interest.

Appropriate formulary:

Addressee, the party him or herself, as contradistinguishable from a guardian.

1. Name of the suit.

2. Pursuer’s personal description.

3. This is to require you either to consent to the becoming, from the day of your receiving this, co-pursuer with (naming him or them,) or to decline the being so.

4. If on or before the [NA] day of the month of [NA] next ensuing, this same paper marked A, with your acceptance thereon signified, be not received at this office, you will, accidents excepted, be deemed to have declined to take upon you the character of co-pursuer in the suit. In the benefits attached to it, you will have no part. In the burthen liable to be attached to it, you will have no part.

5. In case of acceptance, you will retransmit to this office, after filling it up according to the instructions therein given, the communication-securing paper marked B.

II. To a proposed defendant or co-defendant—

Compliance or defence-requiring mandate.

Of the mandate thus denominated, the matter will be different, according as the suit is of the non-inculpative or the inculpative class.

In this case also an exemplar of the original pursuer’s demand-paper will be transmitted, with appropriate directions, or say instructions, and information as to the consequence to him in point of appropriate interest.

Also with directions as to the mode of compliance-rendering, compliance-promising, or compliance-refusing, with grounds of, or any reason for, non-compliance or compliance-refusing, and communication-securing information.

III. To a supposed evidence-holder—

Evidence exhibition-requiring mandate.

As to place and judicatory, this will be—either,

1. A hither-calling, or say accersitive evidence-exhibition-requiring mandate; or,

2. A thither-sending, or say missive evidence-exhibition-requiring mandate; or,

3. A responsive evidence-requiring mandate, coupled with a paper of interrogatories, or any interrogatory paper annexed.

Of this interrogatory paper, the object is to elicit evidence (self-disserving evidence included) from the supposed evidence-holder, whether a party or non-party.