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Front Page Titles (by Subject) CHAPTER V.: NO MORE NOMINAL THAN REAL. - The Works of Jeremy Bentham, vol. 2
CHAPTER V.: NO MORE NOMINAL THAN REAL. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 2 [1843]Edition used: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.
- 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 V.
NO MORE NOMINAL THAN REAL.
Rule IV. The nominal and real amount of salaries ought to correspond.
In other words, no deduction ought to be made from the real value of a salary, without reducing its nominal amount. The practice which has frequently been adopted in England, of reducing the real value of salaries and pensions by taxes and other deductions, while the nominal amount of the salaries has remained unaltered, has given rise to this rule. In some instances, the deductions thus made have amounted to one-third of the nominal salary.
No advantage arises from this arrangement, but its inconveniences are numerous. In the first place, it is an evil in so far as it spreads an exaggerated idea of the sacrifices made by the public, and the expense incurred under the head of salaries. With respect to the public functionaries, it is an evil to possess an income greater in appearance than reality. The erroneous conceptions hence entertained of their wealth, imposes upon them, in deference to public opinion, the necessity of keeping up a correspondent establishment: under the penalty of being considered niggardly, they are compelled to be extravagant. It is true, the public are aware in general, that salaries and pensions are subject to deductions; but they are oftentimes only acquainted with a part of the deductions, and they seldom in such cases enter into minute calculations.
In this manner, the difference between the nominal and real value of a salary tends to produce an increase in the wants of the individual employed. Call the amount of his salary what it really is, and he will be at ease, but every nominal addition will prove a costly ornament. If the opportunity of illicit profit be presented to him, such nominal addition will be an incentive to corruption; and should he not be dishonest, it will prove a cause of distress.
The remedy is simple as efficacious: the change need only be in words.
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