Front Page Titles (by Subject) CHAPTER X.: OF QUALIFICATIONS. - The Works of Jeremy Bentham, vol. 2
CHAPTER X.: OF QUALIFICATIONS. - 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.
We have already seen that a salary may be employed as a means of insuring the responsibility of an individual, and as a moral antiseptic to preserve him from the influence of corruption. By the sale of offices, it has been seen that the actual expense of a salary may be diminished, and even reduced to nothing. It is therefore evident that the important circumstance is, that the individual should possess the requisite portion of the precious matter of reward, and not that it should have been given to him. If he possess it of his own, so much the better; and the more he already possesses, the less is it necessary to give him. In England, such are the attractions of power and dignity, that the number of candidates for their possession has been found so large, that it has been thought desirable to limit the selection to the number of those who possess the required quantity of this moral antiseptic; and this circumstance has given birth to what have been called qualifications.
The most remarkable and important offices to which these pecuniary qualifications have been attached, are those of justices of the peace and members of parliament. A justice of the peace ought to possess at least £100 per annum of landed property. There is no reasonable objection against this law. The office is one of those for which an ordinarily liberal education is sufficient. It is at the same time such an office, that the individual invested with it might do much mischief were he not restrained by powerful motives.
As a qualification for the more important office of member of parliament, the law requires of the member for a borough or city a similar qualification of £300 per annum, and of the member for a county of £600 per annum. This case differs widely from the other. Sufficient talent for carrying the laws into execution is possessed by a multitude of individuals; but few are able to determine what laws ought to be framed. The science of legislation is still in its cradle—it has scarcely been begun to be formed in the cabinets of philosophers: among legislators in name, scarcely any other practice can be found than that of children, who in their prattle copy what they have learned of their nurses. That a science may be learned, a motive is necessary; that the science of legislation may be learned, or rather may be created, motives so much the more powerful are necessary, as this science is most repulsive and thorny. For the pursuit of this study, an ardent and persevering mind is required, which can scarcely be expected to be formed in the lap of ease, of luxury, and of wealth. Among those whose wants have been forestalled from their cradle—among those who become legislators to gratify their vanity or relieve their ennui—there can scarcely be found one who could be called a legislator without mockery How shall he who possesses everything without the trouble of thinking, be led to subject himself to the labour of thought? If it be desirable that legislators should be men of enlarged and well-instructed minds, they must be sought among those who possess but little wealth—among those who, oppressed with their insignificance, are stimulated by ambition, and even by hunger, to distinguish themselves; they must be sought among those who possess the habits of Cyrus and not of Sardanapalus. Among the children of luxury, of whom the great mass of senators chosen by a rich people will always be composed, there are but few who will undergo the fatigue of studying the lessons which, at the expense of so much labour, have been furnished them by Beccaria and Adam Smith! Can it be expected, then, that from among their number the rivals of these great masters should be found? Qualifications in this case tend to exclude the individuals endowed with the greatest moral and intellectual capacity.
The reasons, however, in favour of qualifications are plausible. It is alleged, that the possession of a certain property tends to guarantee the independence of its possessor, and that in no other situation is independence more desirable than in that of a deputy appointed to watch over and defend the interests of the people against the encroachments of the executive power, supplied as that power almost necessarily is with so many means of seduction. To this it may be replied, that it is not the poor alone who are liable to be seduced: multitudes possessing property exceeding in value the qualifications required, are biassed by the seductive influence of places and pensions, whilst the poor remain unmoved.
A law of this nature, whose effect, were it strictly executed, would be to exclude the most capable, is made to be evaded, and in fact has constantly been evaded: among those who have acted the most conspicuous parts in the British House of Commons, many have been able to enter there only by an evasion of this law. Means might be provided which would afford a perfect guarantee against such evasions; but happily, upon this, as upon many other occasions, the veil that hides from human weakness the distant inconveniences of bad laws, hides also the means necessary for rendering such laws efficacious.
Some years ago, a member, the honesty of whose intentions could not be doubted, proposed to augment the qualifications for cities and boroughs from £300 to £600 per annum. The proposition, after having made considerable progress, fell to the ground. I know not whether this happened from a conviction of its trifling utility, or from one of those accidents which in that slippery path equally befall the most useful and most mischievous projects.
When the greatest possible freedom is given to popular suffrage, and even when no corrupt influence is used, the popular employment of wealth, being of all species of merit that of which people in general are best qualified to judge, and most disposed to esteem, there naturally exists an aristocracy of wealth. Is it desirable that this aristocracy should be rendered necessary and complete?