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.

NON-CAUSA PRO CAUSA: OR, CAUSE AND OBSTACLE CONFOUNDED—(ad judicium.)

Exposition.—When in a system which has good points in it, you have a set of abuses, or any of them, to defend,—after a general eulogium bestowed on the system, or an indication more or less explicit of the good effects the existence of which is out of dispute, take the abuses you have to defend, either separately or collectively (collectively is the safest course,) and to them ascribe the credit of having given birth to the good effects.

Cùm hoc, ergò propter hoc.

In every political system which is of long standing, and which, not having been produced, any considerable part of it, in prosecution of any comprehensive design, good or bad, but piecemeal at different and distant times, according to the casual and temporary predominance of conflicting interests—whatsoever may be the good or the bad points in the state of things which at any given time constitutes the result of it, among the incidents which may be observed as having place in it, some, upon proper scrutiny and proper distinction made, may be seen to have operated in the character of effective or promotive causes—others, in the character of obstacles or preventives—others, to have been in relation to them, in the character of immaterial incidents, or inoperative circumstances.

In such a system, whatsoever are the abuses or other imperfections in it, and whatsoever are the prosperous results observable in it, these prosperous results will have found, in the abuses and imperfections, not so many efficient or promotive causes, but so many obstacles or preventives.

Meantime, if so you can order matters, that instead of being recognised as having operated in the character of obstacles, the abuses in question shall be believed to have operated in the character of efficient or promotive causes, nothing can contribute more powerfully to the effect which it is your endeavour to produce.

If you cannot so far succeed as to cause the prosperous results in question to be referred to the abuses by which they have been obstructed and retarded, the next thing you are to endeavour at is, to cause them to be ascribed to some inoperative circumstance or circumstances, having in appearance some connexion or other—the nearer the better—with the abuses.

At any rate, you will, as far as depends upon you, cause the prosperous circumstances in question to be referred to any causes rather than the real ones: for in proportion as it becomes manifest of what causes they are the results, it will become manifest of what other circumstances they have not been the results: whereupon, no sooner is any one of the abuses you have to defend, considered in this point of view, than a question will be apt to occur.—Well, and this?—what has been the use of this? To which no answer being found, the consequence is such as need not be mentioned.

Real knowledge being among the number of your most formidable adversaries, your endeavour must of course be to obstruct its advancement and propagation as effectually as possible.

Real knowledge depends in a great degree on the being able, on each occasion, to distinguish from each other, causes, obstacles, and uninfluencing circumstances;—these, therefore, it must on every occasion be your study to confound as effectually as possible.

Exposure.—Example 1—Good Government: Obstacle represented as a cause,—the influence of the Crown.

If the superiority of the constitution of the English limited monarchy, as compared with all absolute or less limited monarchies, be in England a point undisputed, and regarded as indisputable, and the characteristic by which that limited monarchy is distinguished from all absolute and less limited monarchies, is, the influence, the superior influence of the mass of the people—the influence exercised by the will of the nominees of the people on the wills of the nominees of the king, and thence on the conduct of the king himself,—a circumstance which, in so far as it operates, diminishes the efficiency of this influence, and on many, if not most occasions, may be seen to destroy that efficiency altogether, cannot with propriety be numbered among the causes of that superiority, but must, on the contrary, be placed to the account of the obstacles that obstructed it.

In point of fact, the members of the House of Commons—some really, all in supposition, nominees of the mass of the people—act, as to the nominees of the king, viz. (the members of the executive department) with the authority of judges,—viz. to the purpose of causing punishment to be inflicted under the name of punishment, in case of special delinquency, not without the concurrence of the House of Lords—but, to the purpose of causing removal, without any such concurrence.

In so far as over the will of the nominees of the people as above mentioned, acting in their above-mentioned character of judges, an efficient influence is exercised by the king or his nominees, the efficiency of this judicial authority is destroyed; the nominees of the king, in the exercise of their respective functions, committing any enormities at pleasure; and thereupon, in the character, though without the name of judges, absolving themselves, and, if such be their pleasure, praising themselves for what they have done.

In this case, the fallacy consists in representing, defending, and supporting, in the character of an indispensable cause of the acknowledged prosperous results, the sinister and corruptive influence in question—a circumstance which, so far from being in any degree a promotive cause, is an obstacle.

In what way it operates in the character of an obstructive and destructive circumstance, has already been shown above: in what way, with relation to the same effect, it can operate as a cause, has never been so much as attempted to be shown—it has been on every occasion taken for granted, and this on no other ground than that of its being a concomitant circumstance.

Example 2—Effect, Good Government: Obstacle represented as a cause,—station of the Bishops in the House of Lords.

To good government, neither in the situation, of a bishop, nor in any other situation can a man be contributory any further than as he takes a part in it.

In that department of government which is carried on in the House of Lords, a man cannot bear a part any further than as he takes a part in the debates carried on there, or at least attends and gives his vote.

But of the whole body of bishops, including, since the Union, those from Ireland, a small part, upon an average scarce so many as a tenth, are seen to attend and give their votes: and as for speaking—when any instance of it happens to take place, it sets men a-staring and talking as if it were a phenomenon.

How comes it that the number of those who vote, and especially of those who speak, is so small? Because a general feeling exists, that to that class temporal occupations and politics are not suitable occupations.

And why not suitable?

1. Because, in that war of personalities, in which, in a large proportion, the debates in that as well as in the other House consist, a man of this class is in a peculiar degree vulnerable. The Apostles—did they bear any part in, had they any seat in, the Roman senate, or so much as in the common-council of the city of Jerusalem? Was it Peter, was it James, was it John—was it not Dives, that used to clothe himself in purple and fine linen? Walking from place to place to preach, comprised their occupations. It yours were the same, would you not be rather more like them than you are?

2. Because there is a general feeling, though not expressed in words, from a sort of decency and compassion, that a legislative assembly is not a fit place for a man who is not at liberty to speak what he thinks; and who, should he be bold enough to bring to view any one of the plainest dictates of political utility, might be put to silence and confounded by reference to this or that one of the thirty-nine Articles, or by this or that text of Scripture, out of a Testament Old or New.

So many things of which, however improbable, he is bound to profess his belief.

So many things which, however indefensible by reason, he would be bound, were he to open his mouth, to defend.

Matter of duty to him to be—matter of infamy not to be—steeled against conviction.

So many vulnerable parts with which he is embarrassed, and with which an antagonist of his is not embarrassed.

So many chains with which he is shackled, and with which an antagonist of his is not shackled.

A man, whose misfortune should it be to hear a word or two of reason, it would be his duty not to listen to it.

To a man thus circumstanced, to talk reason would have something ungenerous in it and indecorous: it would be as if a man should set about talking indecently to his daughter or his wife.

In vain would they answer, what has been so often answered, that neither Jesus nor his Apostles ever meant what they said—that everything is to be explained and explained away. By answers of this sort, those and those alone would be satisfied, whose satisfaction with everything that is established is immoveable, and not susceptible of experiencing diminution from any objections, or increase from any answers.

Example 3.—Effect, Useful national learning: Obstacle stated as a cause,—system of education pursued in Church-of-England Universities.

On the subject of learning, to the question whether, with relation to it, the universities might with more propriety be considered as causes or as obstacles, much need not here be said, after what has been said on the subject by the Reverend Vicesimus Knox, and of late by the Edinburgh Review.

If these fragments, with the exception of the scurrilous parts of the Review, were put together and made into a book, a most instructive addition to it might be made by a history of the treatment experienced from this quarter by the inventions of the Quaker Lancaster. In the age of academical and right reverend orthodoxy, learning, it would there be seen, is, even to the very first rudiments of it, an object of terror and hatred.

Of this Quaker, though he undertook not to attempt to make converts, what is certain is, that no school would, under his management, have been a school of perjury: and since, in so far as by his means the elementary parts of knowledge made their way among the people, intellectual light would take place of intellectual darkness, he experienced the hostility that might so naturally have been expected from those who love darkness better than light; to wit, for a reason which may be seen in that book, the knowledge of which it was his object to diffuse, as it was theirs to confine and stifle it.

In virtue and knowledge—in every feature of felicity, the empire of Montezuma outshines, as everybody knows, all the surrounding states, even the commonwealth of Tlascala not excepted.

Where (said an inquirer once, to the high priest of the temple of Vitzlipultzli,) where is it that we are to look for the true cause of so glorious a pre-eminence? “Look for it!” answered the holy pontiff—“where shouldst thou look for it, blind sceptic, but in the copiousness of the streams in which the sweet and precious blood of innocents flows daily down the altars of the great God?”

“Yes,” answered in full convocation and full chorus the archbishops, bishops, deans, canons, and prebends of the religion of Vitzlipultzli:—“Yes,” answered in semi-chorus the vice-chancellor, with all the doctors, both the proctors and masters regent and non-regent of the as yet uncatholicized university of Mexico:—“Yes, in the copiousness of the streams in which the sweet and precious blood of innocents flows daily down the altars of the great God.”

Example 4.—Effect, National virtue: Obstacle represented as a cause,—opulence of the elergy.

In several former works it has been shown.* that, be the effect what it may,—in so far as money, or in any other shape, the matter of reward, is, in the character of an efficient cause, employed in the view or under the notion of promoting it,—what degree of efficiency shall attend in such case the use made of the instrument, depends not so much upon its magnitude as upon the manner in which, and the skill with which, it is applied; and in particular, that in so far as that instrument is composed of public money, it is no less possible, and in some cases much more frequent, so to apply it, that the production of that effect shall, instead of being promoted, be prevented: that when, as for working, a man is paid alike whether he does work or whether he does none, to expect work from him is impossible, and to pretend to expect it, mere mockery: that after engaging to render an habitual course of service (for the rendering of which no extraordinary degree of talent or alacrity is necessary,) a fit person has received that which is necessary to obtain his free engagement for the rendering it, every penny added has no other tendency than to afford him means and incentives to relinquish his duties for whatever other occupations are more suitable to his taste.

Now if this be true of all men, it is true of every man: and it is not a man’s being called prebend, canon, dean, bishop, or even archbishop, that will in his case, or in any other person’s case, make it false.

It is a proposition that, be it ever so true, is not evident, but requires argument deduced from experience to render it so, that by such service as is rendered by the English clergy, virtue is in any degree promoted.

It is a proposition that, be it to a certain extent ever so true, is to a certain extent notoriously not true, that to the procurement of such service, money from any source is necessary. For without a particle of money passing from hand to hand, service of this sort is rendered by men one towards another, viz. among the people called Quakers: and if for the exhibiting to view the comparative degrees of efficiency with which service of this sort is rendered—work of this sort done—who is there that will take upon him to deny that the highest degree of the scale would be found occupied by the people called Quakers, or disputed with them by the people called Methodists—while the very lowest would be recognised as being occupied without dispute by the members sacred or profane of the established and most opulently endowed Church of England?

It is another proposition that still remains to be proved, that, admitting that for the procurement of this service—to the whole extent in which for the production of virtue it is wanted—money is necessary; it is also necessary, that for the raising of the necessary quantity, money should, by the power of government, be forced out of the pockets of unwilling contributors.

[* ]Rationale of Punishment, Do. of Reward; Defence of Economy against Burke, and Do. against Rose, ut supra; Church-of-Englandism Examined, 1818.