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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.

SWEEPING CLASSIFICATIONS—(ad judicium.)

Exposition.—The device of those who employ in the way of fallacy, sweeping classifications, is that of ascribing to an individual object (person or thing) any properties of another, only because the object in question is ranked in the class with that other, by being designated by the same name.

In its nature, this fallacy is equally applicable to undeserved eulogy as to undeserved censure; but it is more frequently applied to the purpose of censure, its efficiency being greater in that direction.

Exposure.—Example 1: Kings—Crimes of Kings.—In the heat of the French revolution, when the lot of Louis XVI. was standing between life and death, among the means employed for bringing about the catastrophe that ensued, was the publication of a multitude of inflammatory pamphlets, one of which had for its title “The Crimes of Kings.”

Kings being men, and all men standing exposed to those temptations by which some of them are led into crimes, matter could not be wanting for a book so entitled: and if there are some crimes to the temptation of which men thus elevated stand less exposed than the inferior orders, there are other crimes, to which, perhaps, that elevation renders them but the more prone.

But of the man by whom on that occasion a book with such a title was published, the object, it is but too probable, was to compose out of it this argument: Criminals ought to be punished—kings are criminals—and Louis is a king; therefore Louis ought to be punished.

Example 2: Catholics—Cruelties of Catholics.—Not long ago, in the course, and for the purpose of the controversy on the question, whether that part of the community which is composed of persons of the Catholic persuasion, ought or ought not to be kept any longer in a state of degradation under the predominant sect, a book made its appearance, under the title of “Cruelties of the Catholics.”

Of any such complete success, as the consigning in a body to the fate in which that Catholic king was, with so many of his nearest connexions, involved, all such British subjects as participate with him in that odious name, there could not be much hope: but whatsoever could, by the species of fallacy here in question, be done towards the promoting of it, was done by that publication. The object of it was to keep them still debarred from whatsoever relief remains yet to be administered to the oppressions under which they labour: either it had this object, or it had none.

To the complexion of this argument, and of the mind that could bring it forward, justice will not be done, unless an adequate conception be formed of the practical consequences to which, if to anything, it leads.

Of the Catholics of the present and of all future time, whatsoever be the character, the cruelties, and other enormities committed by persons who in former times were called by the same indefinitely comprehensive name, will still remain what they were. Whatsoever harsh treatment, therefore, this argument warrants the bestowing on these their namesakes at the present time, the same harsh treatment will, from the same argument, continue to receive the same justification, so long as there remains one individual who, consistently with truth, is capable of being characterized by the same name.

Be they what they may, the barbarities of the Catholics of those times had their limits: but of this abhorrer of Catholic barbarities, the barbarity has, in respect of the number of intended victims, no limits other than those of time.

Of the man who, to put an end to the cruelties of kings, did what depended upon him towards extirpating the class of kings, the barbarity, so far as regarded this object, was, comparatively speaking, confined within a very narrow range. All Europe would not have sufficed to supply his scaffold with a dozen victims. But after crushing as many millions of the vermin, whom his piety and his charity marked out for sacrifice, the zeal of the abhorrer of Catholic cruelties would have been in the condition of the tiger whom, in the plains of Southern Africa, a traveller depicted to us as lying breathless with fatigue amidst a flock of antelopes.

In the same injurious device the painter of the crimes of kings might, by a no less conclusive argument, have proved the necessity of crushing the English form of the Protestant religion, and consigning to the fate of Louis XVI. the present head of it.

By order of King James I. two men, whose misfortune it was not to be able to form, in relation to some inexplicable points of technical theology, the same conception that was entertained, or professed to be entertained, by the royal ruler and instructor of his people, were burnt alive.* George IV. not only bears in common with James I. the two different denominations—viz. Protestant of the Church of England, and King of Great Britain—but, as far as marriage can be depended on for proof of filiation, is actually of the same blood and lineage with that royal and triumphant champion of local orthodoxy.

If, indeed, in the authentic and generally received doctrines of the religion in question, there were anything that compelled its professors to burn or otherwise to destroy or ill-treat all or any of those that differed from them, and if by any recent overt-act an adherence to those dissocial doctrines had appeared in practice, in such case the adherence to such dissocial doctrines would afford a just ground for whatsoever measures of security were deemed necessary to guard other men from the effect of such doctrines and such practice.

But by no doctrines of their religion are Catholics compelled to burn or otherwise ill-treat those who differ from them, any more than by the doctrines of the Church of England James I. was compelled to burn those poor Anabaptists.

If from analogy any sincere and instructive use had on this occasion been intended to be derived from different countries professing the same persuasion,—in these our times a much more instructive lesson would be afforded than any that could be derived from even the same country at such different times.

If in Ireland, where three-fourths or more of the population is composed of Catholics, no ill-treatment has, within the memory of man, been bestowed by Catholics, as such, upon Protestants, as such; while in the same country so much ill-treatment has on other accounts been bestowed by each of these persuasions upon the other; it is, it may be said, because the power of doing so with impunity is not in their hands.

But in countries where the Catholic religion is the predominant religion, and in which at the same time, as in our islands, barbarity on the score of heresy was by Catholics exercised according to law, and in the countries in which the exercise of those barbarities was at those times most conspicuous,—of no such barbarities has any instance occurred for a long course of years.*

[* ]Consult Hume, Tindal, Harris, Henry.

[* ]Even in Spain, I have been assured, if I may depend upon an assurance given me by persons fully informed, and of the most respectable character, no instance of a capital execution for any offence against religion has occurred within these twenty-two or twenty-three years.

In the capital of Mexico, if I may believe a gentleman of distinction in our own country, by whom the capital of that kingdom was lately visited, he was by the Grand Inquisitor himself conducted into every apartment of the prison of the Inquisition, for the purpose of his being assured by ocular demonstration, of the non-existence of any person in the state of a prisoner within the walls.