Front Page Titles (by Subject) CHAPTER IV.: NO-PRECEDENT ARGUMENT—( ad verecundiam. ) - The Works of Jeremy Bentham, vol. 2
CHAPTER IV.: NO-PRECEDENT ARGUMENT—( ad verecundiam. ) - 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.
NO-PRECEDENT ARGUMENT—(ad verecundiam.)
Exposition.—“The proposition is of a novel and unprecedented complexion: the present is surely the first time that any such thing was ever heard of in this house.”
Whatsoever may happen to be the subject introduced, above is a specimen of the infinite variety of forms in which the opposing predicate may be clothed.
To such an observation there could be no objection, if the object with which it were made was only to fix attention to a new or difficult subject: “Deliberate well before you act, as you have no precedent to direct your course.”
Exposure.—But in the character of an argument, as a ground for the rejection of the proposed measure, it is obviously a fallacy.
Whether or no the alleged novelty actually exists, is an inquiry which it can never be worth while to make.
That it is impossible that it should in any case afford the smallest ground for the rejection of the measure,—that the observation is completely irrelevant in relation to the question, whether or no it is expedient that such a measure should be adopted,—is a proposition to which it seems difficult to conceive how an immediate assent can be refused. If no specific good is indicated as likely to be produced by the proposed measure, this deficiency is itself sufficient to warrant the rejection of it. If any such specific good is indicated, it must be minute indeed, if an observation of this nature can afford a sufficient ground for the rejection of the measure.
If the observation presents a conclusive objection against the particular measure proposed, so it would against any other that ever was proposed, including every measure that ever was adopted, and therein every institution that exists at present. If it proves that this ought not to be done, it proves that nothing else ought ever to have been done.
It may be urged, that if the measure had been a fit one, it would have been brought upon the carpet before. But there are several obstacles, besides the inexpediency of a measure, which, for any length of time, may prevent its being brought forward:—
1. If, though beyond dispute promotive of the interest of the many, there be anything in it that is adverse to the interests, the prejudices, or the humours of the ruling few, the wonder is, not that it should not have been brought forward before, but that it should be brought forward even now.
2. If in the complexion of it there be anything which it required a particular degree of ingenuity to contrive and adapt to the purpose, this would of itself be sufficient to account for the tardiness of its appearance.
In legislation, the birth of ingenuity is obstructed and retarded by difficulties beyond any which exist in other matters. Besides the more general sinister interest of the powerful few in whose hands the functions of government are lodged, the more particular sinister interest affecting the body of lawyers, is one to which any given measure, in proportion to the ingenuity displayed in it, is likely to be adverse.
Measures which come under the head of indirect legislation, and in particular those which have the quality of executing themselves, are the measures which, as they possess most efficiency when established, so they require greater ingenuity in the contrivance. Now, in proportion as laws execute themselves—in other words, are attended with voluntary obedience—in that proportion are they efficient; but it is only in proportion as they fail of being efficient, that to the man of law they are beneficial and productive; because it is only in proportion as they stand in need of enforcement, that business makes its way into the hands of the man of law.