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Subject Area: Economics
Subject Area: Political Theory
Subject Area: Law
Topic: Property

CHAPTER XII.: PARTIALITY-PREACHER’S ARGUMENT—( ad judicium. ) - 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 XII.

PARTIALITY-PREACHER’S ARGUMENT—(ad judicium.)

“From the abuse, argue not against the use.”

Exposition.—From abuse it is an erorr (it has been said) to argue against use.

The proposition is an absurd one, make the best of it: but the degree of absurdity will depend upon the turn that may be given to the sentence.

Whichsoever he the turn given to it, the plain and undeniable truth of the case, as between use and abuse, will alike serve for the exposure of it.

Be the institution what it may, whatsoever good effects there are that have resulted from it, these constitute, as far as experience goes, the use of it: whatsoever ill effects have resulted from it, these, in so far at least as they have been the object of foresight and the result of intention, constitute the abuse of it.

Thus as to past results: and the same observation applies to expected future ones.

Exposure.—Now then come the fallacies to the propagation of which it may and must have been directed:—

1. In taking an account of the effects of an institution, you ought to set down all the good effects, and omit all the bad ones.

This is one of the purposes to which it is capable of being applied: this needs not much to be said of it.

2. In taking an account of the effects of an institution good and bad, you ought not to argue against it on the supposition that the sum of the bad ones is greater than the sum of the good ones, merely from the circumstance, that among all its effects taken together, there are some that belong to the bad side of the account.

In this latter sense, such is the character of the maxim, that nothing can be said against the truth of it. As an instruction, it is too obvious to be of any use: in the way of warning, it cannot by possibility do any harm; nor is it altogether out of the sphere of possibility, that in this or that instance it may have its use.

Applied to a man’s pecuniary affairs, it amounts to this; viz. Conclude not that a man has no property because he has some debts.