CHAPTER IV.: OF THE UNION OF INTEREST WITH DUTY, AND OF SELF-EXECUTING LAWS. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 2 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 2.
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- 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.
OF THE UNION OF INTEREST WITH DUTY, AND OF SELF-EXECUTING LAWS.
What has been said in the preceding chapter will serve to clucidate the meaning of the above two expressions, which, though in familiar use with political writers, have never yet been completely explained.
The legislator should, say they, endeavour to unite interest with duty: this accomplished, they consider perfection as attained. But how is this union to be brought about?—what constitutes it? To create a duty and affix a punishment to the violation of it, is to unite a man’s interest with his duty, and even to unite it more strongly than by any prospect of reward. But this is not universally at least what they mean; for if punishment alone were sufficient for the establishment of the desired connexion between interest and duty, what legislator is there who would fail in its accomplishment?—what would there be to boast of in a contrivance which surpasses not the ingenuity of the most clumsy politician?
In this phrase, by the word interest, pleasure or profit is understood: the idea designed to be expressed is, the existence of such a provision in the law, as that conformity to it shall be productive of certain benefits which will cease of themselves so soon as the law ceases to be observed.
In a word, the union in question is produced whenever such a species of interest can be formed as shall combine the force which is peculiar to punishment with the certainty which is peculiar to reward.
This connexion between duty and interest is to a high degree attained in the case of pensions and places held during pleasure. Let us suppose, for example, that the continuance of the pension is made to depend upon the holder’s paying at all times absolute obedience to the will of his superior. The pensioner ceases to give satisfaction; the pension ceases. There are none of the embarrassments and uncertainties attendant on ordinary procedure; there are no complaints of disobedience made against persons thus circumstanced. It is against the extreme efficacy of this plan, rather than against its weakness, that complaints are heard.
In some countries, by the revenue laws, and particularly in the case of the customhouse duties, it is not uncommon to allow the officers, as a reward, a portion of the goods seized by them in the act of being smuggled. This is the only mode that has appeared effectually to combat the temptations to which they are perpetually exposed. The price which it would be worth while for individuals to offer to the officers for connivance, can scarcely equal, upon an average the advantage they derive from the performance of their duty. So far from there being any apprehension of their being remiss in its discharge, when every instance of neglect is followed by immediate punishment, the danger is, lest they should be led to exceed their duty, and the innocent should be exposed to suspicion and vexation.
The legislator should enact laws which will execute themselves. What is to be understood by this? Speaking with precision, no law can execute itself. In a state of insulation, a law is inoperative: to produce its desired effects, it must be supported and enforced by some other law, which, in its turn, requires for its support the assistance of other laws. It is thus that a body of laws forms a group, or rather a circle, in which each is reciprocally supported and supports. When it is said, therefore, that the law executes itself, it is not meant that it can subsist without the assistance of other laws, but that its provisions are so arranged that punishment immediately follows its violation, unaided by any form of procedure; that to one offence, another more easily susceptible of proof, or more severely punished, is substituted.
Mr. Burke’s law, which has already been mentioned, is justly entitled to be ranked under this head. The clause which forbids the ministers and treasurers to pay themselves till all other persons have been paid, possesses in effect the properties of a punishment annexed to any retardation of payments—a punishment which commences with the offence, which lasts as long as the offence, which is inflicted without need of procedure; in a word, a punishment, the imposition of which does not require the intervention of any third person.
Before the passing of this law, large arrears on the civil list were allowed to accumulate: their accumulation bore the character merely of a simple act of omission, which could not be classed under any particular head of offence, and the evil of which might moreover be palliated by a thousand pretexts. After the passing of this law, the ministers, it is true, might still, in spite of the law, continue to give to themselves a preference over the other creditors on the civil list—there is no physical force other than existed before to prevent them: but in virtue of this law, any such preference would be a palpable offence—a species of peculation which would be strongly reprobated by public opinion.
Another example is furnished by the laws respecting the payment of stamp-duties.—These laws are represented as among the number of those which execute themselves, and are panegyrized accordingly. This is true with regard to so much of these taxes as is levied upon contracts and law-proceedings. Let us explain their mechanism. The sanction given to private contracts, and the protection afforded by the law to person and property, are services which the public receives at the hands of the ministers of justice. The method in which these duties, then, are levied, is this: these services are at first refused to all persons without exception; they are then offered to all persons who, at the price set upon them, have the means and inclination to become purchasers. Thus a protection, which might be considered as a debt due from the state to all its subjects, is converted into a reward, by means of the precedent condition annexed to it. This is not the time for examining whether this duty, which palpably amounts to the selling of justice, is a judicious tax: all that is here necessary to be observed is, that the payment is insured by the security it affords, and the danger with which the omission is accompanied.
To range over the whole field of legislation, in order to ascertain the different cases in which this species of political mechanism has been employed, or in which it might be introduced with advantage, does not belong to our present subject:—general directions might easily be framed for the construction of self-executing laws, and their application might occupy a place in “The recreations of legislation.”