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CHAPTER XVI.: OF FORMULAS. - 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.

Part of: The Works of Jeremy Bentham, 11 vols.

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CHAPTER XVI.

OF FORMULAS.

Formulas are models of what ought to be said upon each occasion by the individual to whom it is prescribed that he should express himself in a certain manner. It can scarcely be determined beforehand, how many formulas an assembly may require: they will be many or few, according to the number of the members, and according to the nature of its powers.

It is proper, for example, that the president always take the votes in the same manner, employing the same expressions—that the members make use of the same terms in presenting their motions, in requiring the exercise of any of their rights,—&c. &c.

Everything unnecessary in such formulas is pernicious. Clearness and brevity:—such are the essential qualities: to attempt to ornament them at the expense of precision, is to disfigure them.

Formulas not only save words: they have a superior utility—they prevent variations which may have a concealed object—and, above all, they prevent disputes.

In England, the royal sanction is always expressed by the same words: Le Roi le veut; and if he reject a bill, the formula of refusal is equally determined: Le Roi s’avisera.

Judicial formulas have too often merited the reproach which has been almost everywhere thrown upon them, of being at the same time vague and prolix—of sinning by omission and by excess.

Their prolixity is easily accounted for in all cases in which lawyers have been able to find, in the multiplication of words, a pretext for their services, and the increase of their price. And when the spirit of revenue has been introduced into procedure, and a traffic has been made of words, increase of length has been given to the formulas, that more profit might be derived from them.

It has in certain cases been thought right to proportion the number of words to the importance of the subject. To dismiss a grave matter in two or three words, it has been considered, was not to form a sufficiently high idea of it—not to treat it with a sufficient dignity. This is the error of a little mind. The most sublime thoughts are often expressed by a single word.

THE BOOK OF FALLACIES:

FROM UNFINISHED PAPERS OF JEREMY BENTHAM. EDITED BY A FRIEND.

(originally printed in 1824.)