The Online Library of Liberty

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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 IV.

ALLEGORICAL IDOLS—(ad imaginationem.)

Exposition.—The use of this fallacy is the securing to persons in office, respect independent of good behaviour. This is in truth only a modification of the fallacy of vague generalities, exposed in the preceding chapter. It consists in substituting for men’s proper official denomination, the name of some fictitious entity, to whom, by customary language, and thence opinion, the attribute of excellence has been attached.

Examples:—1. Government; for members of the governing body. 2. The law; for lawyers. 3. The church; for churchmen. The advantage is, the obtaining for them more respect than might be bestowed on the class under its proper name.

Exposure.—I. Government. In its proper sense, in which it designates the set of operations, it is true, and universally acknowledged, that everything valuable to man depends upon it: security against evil in all shapes, from external adversaries as well as domestic.

II. Law: execution of the law.—By this it is that men receive whatsoever protection they receive against domestic adversaries and disturbers of their peace. By government—law—the law—are therefore brought to view the naturalest and worthiest objects of respect and attachment within the sphere of a man’s observance: and for conciseness and ornament (not to speak of deception) the corresponding fictitious entities are feigned, and represented as constantly occupied in the performance of the above-mentioned all-preserving operations. As to the real persons so occupied, if they were presented in their proper character, whether collectively or individually, they would appear clothed in their real qualities, good and bad together. But, as presented by means of this contrivance, they are decked out in all their good and acceptable qualities, divested of all their bad and unacceptable ones. Under the name of the god Æsculapius, Alexander the impostor, his self-constituted high priest, received to his own use the homage and offerings addressed to his god. Acquired, as it is believed, comparatively within late years, this word government has obtained a latitude of import in a peculiar degree adapted to the sinister purpose here in question. From abstract, the signification has become, as the phrase is, concrete. From the system, in all its parts taken together, it has been employed to denote the whole assemblage of the individuals employed in the carrying on of the system—of the individuals who, for the time being, happen to be members of the official establishment, and of these more particularly, and even exclusively, such of them as are members of the administrative branch of that establishment. For the designation either of the branch of the system, or of the members that belong to it, the language had already furnished the word administration. But the word administration would not have suited the purpose of this fallacy: accordingly, by those who feel themselves to have an interest in the turning it to account, to the proper word administration, the too ample, and thence improper word government, has been, probably by a mixture of design and accident, commonly substituted.

This impropriety of speech being thus happily and successfully established, the fruits of it are gathered in every day. Point out an abuse—point to this or that individual deriving a profit from the abuse: up comes the cry, “You are an enemy to government!” then, with a little news in advance, “Your endeavour is to destroy government!” Thus you are a Jacobin, an anarchist, and so forth: and the greater the pains you take for causing government to fulfil, to the greatest perfection, the professed ends of its institution the greater the pains taken to persuade those who wish, or are content to be deceived, that you wish and endeavour to destroy it.

III. Church.—This is a word particularly well adapted to the purpose of this fallacy. To the elements of confusion shared by it with government and law, it adds divers proper to itself. The significations indifferently attachable to the word Church are—1. Place of worship; 2. Inferior officers engaged by government to take a leading part in the ceremonies of worship;* 3. All the people considered as worshippers; 4. The superior officers of government by whom the inferior, as above, are engaged and managed; 5. The rules and customs respecting those ceremonies.

The use of this fallacy to churchmen, is the giving and securing to them a share of coercive power; their sole public use, and even original destination, being the serving the people in the capacity of instructors—instructing them in a branch of learning, now more thoroughly learnt without than from them.† In the phrase “church and state,” churchmen are represented as superior to all non-churchmen. By “church and king,” churchmen are represented as superior to the king. Fox and Norfolk were struck off the the list of privy councillors for drinking “The sovereignty of the people:” the reduction would be greater, were all struck off who have ever drank “Church and king.” According to Bishop Warburton’s Alliance, the people in the character of the church, meeting with all themselves in the character of the state, agreed to invest the expounders of the sacred volume with a large share of the sovereignty. Against this system, the lawyers, their only rivals, were estopped from pleading its seditiousness in bar. In Catholic countries, the churchmen who compose Holy Mother Church possess one beautiful female, by whom the people are governed in the field of spiritual law, within which has been inclosed as much as possible of profane law. By Protestants, on Holy Mother Church the title of Whore of Babylon has been conferred: they recognise no Holy Mother Church. But in England, churchmen, a large portion of them, compose two Almæ Matres Academiæ—kind Mother Academies or Universities. By ingenuity such as this, out of “lubberly post-masters’ boys” in any number, one “sweet Mrs. Anne Page” is composed, fit to be decked out in elements of amiability to any extent. The object and fruit of this ingenuity is the affording protection to all abuses and imperfections attached to this part of the official establishment. Church being so excellent a being, none but a monster can be an enemy, a foe to her. Monster, i. e. anarchist, Jacobin, leveller, &c. To every question having reform or improvement in view as to this part of the official establishment, the answer is one and the same: “You are an enemy to the church.” For instance, among others, to such questions as follow:—1. What does this part of the official establishment do, but read or give further explanation to one book, of which more explanation has been given already than the longest life would suffice to hear? 2. Does not this suppose a people incapable of being taught to read? 3. Would it not be more read if each of them, being able to read, had it constantly by him to read all through, than by their being at liberty some of them to go miles to hear small parts of it? Suppose it admitted, that by the addition of other services conducive to good morals and good government, business for offices not much inferior to the existing ecclesiastical offices might be found, then go on and ask—1. As to the connexion between reward and service, do not the same rules apply to these as to profane offices? 2. Pay unconditioned-for service,—is it more effectual in producing service here than there? 3. Here more than there,—can a man serve in a place without being there? 4. Here, as there, is not a man’s relish for the business proved the greater, the smaller the factitious reward he is content to receive for doing it? 5. The stronger such his relish, is not his service likely to be the better? 6. Over and above what, if anything, is necessary to engage him to render the service, does not every penny contribute to turn him aside to other and expensive occupations, by furnishing him with the means? 7. In Scotland, where there is less pay, is not residence more general, and clerical service more abundant and efficient?

Answer: Enemy!—and, if English-bred, Apostate!

1. In Scotland, does any evil arise from the non-existence of bishops? 2. In the House of Lords, any good? 3. Is not non-attendance there more general than even non-residence elsewhere? 4. In judiciali, does any bishop ever attend, who is not laid hold of after reading prayers? 5. In legislatura, ever, except where personal interest wears the mask of gratitude? 6. Such non-attendance, is it not felt rather as a relief than as a grievance?

Answer: “Enemy to the church!”

1. In Ireland, what is the use of Protestant priests to Catholics, who will neither hear nor see them? to whom they are known but as plunderers? 2. By such exemption from service, is not value of preferment increased? 3. By patrons, as by incumbents, are not bishopricks thus estimated? 4. Is it not there a maxim, that service and pay should be kept in separate hands? 5. In eyes not less religious than gracious, is not the value of religion inversely as the labour, as well as directly as the profit? 6. Is not this estimate the root of those scruples, by which oaths imposed to protect Protestantism from being oppressed, are employed in securing to it the pleasure of oppressing?

Answer: “Enemy to the church!”

[* ]Articles 19, 20.

[† ]Ex. gr. from unordained Methodists, &c. and Quakers.