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CHAPTER VIII.: PARTICULAR DEMAND FOR FALLACIES UNDER THE ENGLISH CONSTITUTION. - 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 VIII.

PARTICULAR DEMAND FOR FALLACIES UNDER THE ENGLISH CONSTITUTION.

Two considerations will suffice to render it apparent that, under the British Constitution, there cannot but exist, on the one hand, such a demand for fallacies—and, on the other hand, such a supply of them, as, for copiousness and variety taken together, cannot be to be matched elsewhere.

1. In the first place, a thing necessary to the existence of the demand is, discussion to a certain degree free.

Where there are no such institutions as a popular assembly taking an efficient part in the government, and publishing or suffering to be published accounts of its debates,—nor yet any free discussion through the medium of the press,—there is, consequently, no demand for fallacies. Fallacy is fraud, and fraud is useless when everything may be done by force.

The only case which can enter into comparison with the English government, is that of the Anglo-American United States.

There, on the side of the outs, the demand for fallacies stands, without any difference worth noticing, on a footing similar to that on which it stands under the English constitution.

But the side of the outs is that side on which the demand for fallacies is by much the least urgent and abundant.

On the side of the ins, the demand for fallacies depends upon the aggregate mass of abuse: its magnitude and urgency depend upon the magnitude of that mass, and its variety upon the variety of the shapes in which abuse has manifested itself.

On crossing the water, fortune gave to British America, the relief that policy gave to the fox; of the vermin by which she had been tormented, a part were left behind.

No deaf auditors of the Exchequer,—no blind surveyors of melting irons,—no non-registering registrars of the Admiralty court, or of any other judicatory,—no tellers, by whom no money is told, but that which is received into their own pockets,—no judge acting as clerk under himself,—no judge pocketing £7000 a-year for useless work, for which men are forced to address his clerks,—no judge, who in the character of judge over himself sits in one place to protect, by storms of fallacy and fury, the extortions and oppressions habitually committed in another,—no tithe-gatherers exacting immense retribution for minute or never-rendered service.

With respect to the whole class of fallacies built upon authority,—precedent, wisdom of ancestors, dread of innovation, immutable laws, and many others, occasioned by ancient ignorance and ancient abuses—what readers soever there may be, by whom what is to be found under those several heads has been perused, to them it will readily occur, that in the American Congress the use made of these fallacies is not likely to be so copious as in that august assembly, which, as the only denomination it can with propriety be called by, has been pleased to give itself that of the Imperial Parliament of Great Britain and Ireland.