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Front Page Titles (by Subject) CHAPTER XII.: CONSTITUTIONAL ADVANTAGES. - The Works of Jeremy Bentham, vol. 3
CHAPTER XII.: CONSTITUTIONAL ADVANTAGES. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 3 [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. 3.
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- Errata—vol. III.
- Defence of Usury; Showing the Impolicy of the Present Legal Restraints On the Terms of Pecuniary Bargains; In Letters to a Friend.
- Letter I.: Introduction.
- Letter II.: Reasons For Restraint—prevention of Usury.
- Letter III.: Reasons For Restraint—prevention of Prodigality.
- Letter IV.: Reasons For Restraint—protection of Indigence.
- Letter V.: Reasons For Restraint—protection of Simplicity.
- Letter VI.: Mischiefs of the Anti-usurious Laws.
- Letter VII.: Efficacy of Anti-usurious Laws.
- Letter VIII.: Virtual Usury Allowed.
- Letter IX.: Blackstone Considered.
- Letter X.: Grounds of the Prejudices Against Usury.
- Letter XI.: Compound Interest.
- Letter XII.: Maintenance and Champerty.
- Letter XIII.: To Dr. Smith, On Projects In Arts, &c.
- A Manual of Political Economy: Now First Edited From the Mss. of Jeremy Bentham.
- Chapter I.: Introduction. *
- Chapter II.: Analytical Survey of the Field of Political Economy.
- Chapter III.: Of Wealth.
- Chapter IV.: Of Population.
- Chapter V.: Of Finance.
- Chapter VI.: Operation of a Sinking Fund On the Production of Wealth.
- Chapter VII.: Noscenda.
- Observations On the Restrictive and Prohibitory Commercial System; Especially With a Reference to the Decree of the Spanish Cortes of July 1820.
- Preface.: Observations, &c.
- Section I.: Nature of the Prohibitory System.
- Section II.: Mischiefs of the Prohibitory System.
- Section III.: Causes of the Prohibitory System.
- A Plan For Saving All Trouble and Expense In the Transfer of Stock, and For Enabling the Proprietors to Receive Their Dividends Without Powers of Attorney, Or Attendance At the Bank of England, By the Conversion of Stock Into Note Annuities.
- Introduction.
- Chapter I.: Plan For the Creation, Emission, Payment, and Eventual Extension, of a Proposed New Species of Government Paper, Under the Name of Annuity Notes.
- Chapter II.: Form of an Annuity Note. (see Table II.)
- Chapter III.: Comparison of the Proposed, With the Existing Government Securities, &c.
- Chapter IV.: Grounds of Expectation, In Regard to the Proposed Measure.
- Chapter V.: Financial Advantages.
- Chapter VI.: Advantage By Addition to National Capital.
- Chapter VII.: Advantage By Addition to Commercial Security.
- Chapter VIII.: Particular Interests Concerned.
- Chapter IX.: Rise of Prices—how to Obviate.
- Chapter X.: Reduction of Interest—proposed Mode Compared With Mr. Pelham’s.
- Chapter XI.: Moral Advantages.
- Chapter XII.: Constitutional Advantages.
- Chapter XIII.: Recapitulation and Conclusion.
- Appendix A.: Government Ought to Have the Monopoly of Paper Money, As Well As of Metallic Money.
- Appendix B.: Paper Money—causes Why Not Circulated By Government Without Interest, As Well As By Individuals.
- General View of a Complete Code of Laws.
- Chapter I.: General Division.
- Chapter II.: Relations Between the Laws Concerning Offences, Rights, Obligations, and Services.
- Chapter III.: Relation Between the Penal and Civil Code.
- Chapter IV.: Of Method.
- Chapter V.: Plan of the Penal Code.
- Chapter VI.: Of the Division of Offences.
- Chapter VIII. Titles of the Penal Code.
- Chapter IX.: First General Title of the Civil Code, * of Things.
- Chapter X.: Second General Title of the Civil Code. of Places.
- Chapter XI.: Third General Title of the Civil Code. of Times.
- Chapter XII.: Fourth General Title of the Civil Code. of Services.
- Chapter XIII.: Fifth General Title of the Civil Code. of Obligations.
- Chapter XIV.: Sixth General Title of the Civil Code. of Rights.
- Chapter XV.: Seventh General Title of the Civil Code. of Collative and Ablative Events.
- Chapter XVI.: Eighth General Title of the Civil Code. of Contracts.
- Chapter XVII.: Ninth General Title of the Civil Code. of the Domestic and Civil States.
- Chapter XVIII.: Tenth General Title of the Civil Code. of Persons Capable of Acquiring and of Contracting.
- Chapter XIX.: Of the Particular Titles of the Civil Code.
- Chapter XX.: Of Elementary Political Powers.
- Chapter XXI.: Of Elementary Political Powers— Subject Continued.
- Chapter XXII.: Plan of the Political Code.
- Chapter XXIII.: Plan of the International Code.
- Chapter XXIV.: Plan of the Maritime Code.
- Chapter XXV.: Plan of the Military Code.
- Chapter XXVI.: Plan of the Ecclesiastical Code.
- Chapter XXVII.: Plan of Remuneratory Laws.
- Chapter XXVIII.: Of Political Economy.
- Chapter XXIX.: Plan of the Financial Code.
- Chapter XXX.: Plan of Procedure Code.
- Chapter XXXI.: Of the Integrality of the Code of Laws.
- Chapter XXXII.: Of Purity In the Composition of a Code of Laws.
- Chapter XXXIII.: Of the Style of the Laws.
- Chapter XXXIV.: Of the Interpretation, Conservation, and Improvement of a Code.
- Pannomial Fragments.
- Chapter I.: General Observations.
- Chapter II.: Consideranda.
- Chapter III.: Expositions.
- Chapter IV.: Axioms.
- Nomography; Or the Art of Inditing Laws: Now First Published From the Mss. of Jeremy Bentham.
- Chapter I.: The Subject Stated.
- Chapter II.: Relations.
- Chapter III.: Proper End In View.
- Chapter IV.: Imperfections Primary.
- Chapter V.: Explanations Relative to the Imperfections of the Second Order.
- Chapter VI.: Of Remedies. *
- Chapter VII.: Of Language.
- Chapter VIII.: Of the Perfections of Which the Legislative Style Is Susceptible.
- Chapter IX.: Of Forms of Enactment.
- Appendix. Logical Arrangements, Or Instruments of Invention and Discovery
- Equity Dispatch Court Proposal; Containing a Plan For the Speedy and Unexpensive Termination of the Suits Now Depending In Equity Courts. With the Form of a Petition, and Some Account of a Proposed Bill For That Purpose
- Section I.: Purpose Explained. Jeremy Bentham to the Honest and Afflicted Among Equity Suitors.
- Section II.: Equity Suitors’ Petition For Dispatch Court. to the King’s Most Excellent Majesty, —
- Section III.: Dispatch Court Bill—some Account of It.
- Section IV.: Information Requisite From Petitioning Suitors.
- Equity Dispatch Court Bill: Being a Bill For the Institution of an Experimental Judicatory Under the Name of the Court of Dispatch, For Exemplifying In Practice the Manner In Which the Proposed Summary May Be Substituted to the So Called Regular Sy
- Editor’s Note.
- Preface.
- Preamble.
- Part I.—: Judiciary.
- Section I.: Judge Located, How.
- Section II.: Remuneration.
- Section III.: Registrar, &c.
- Section IV.: Eleemosynary Advocate.
- Section V.: Judges’, &c. Deputes.
- Section VI.: Judge’s Powers—exemptions—checks.
- Section VII.: Prehensors and Messengers.
- Section VIII.: Consignees; * Or Say, In-trust-holders.
- Section IX.: Grounds of Decision For the Dispatch Court Judge.
- Section X. ‡: Suits’ Comparative Suitableness; and Order of Cognizance.
- Section XI.: Auxiliary Judges and Accountants.
- Section XII.: Sittings, Times Of.
- Part II.—: Procedure.
- Section XIII.: Definitions. *
- Section XIV.: Examination of Solicitors.
- Section XV.: Initiatory Examination of Parties, &c.
- Section XVI.: Appropriate Intercourse, Constant and Universal, Secured.
- Section XVII.: Mutual Security For Forthcomingness of Persons and Things. ‡
- Section XVIII.: Evidence-procuring Money, How Provided.
- Section XIX.: Subsequential Evidence, How Elicited.
- Section XX.: Execution, How Performed.
- Section XXI.: Equity Court Costs, How Disposed Of.
- Section XXII.: Dispatch Court Costs, How Disposed Of.
- Section XXIII.: Eventual Retrotransference of a Suit to the Equity Court.
- Section XXIV.: Expense of the Court, How Provided For.
- Supplemental Sections:—
- Section I. Or XXV.: Bankruptcy and Insolvency.
- Section II. Or XXVI.: Henceforward Dispatch Court.
- Schedules to the Bill.
- Plan of Parliamentary Reform, In the Form of a Catechism, With Reasons For Each Article: With an Introduction, Showing the Necessity of Radical, and the Inadequacy of Moderate, Reform.
- Introduction.
- Section I.: History of the Ensuing Tract—alarming State of the Country and the Constitution.
- Section II.: Most Prominent Present Grievance, Gareisoning France.
- Section III.: Causes of the Above and All Other Mischiefs:—particular Interests Monarchical and Aristocratical, Adverse to the Universal—their Ascendency.
- Section IV.: Sole Remedy In Principle—democratic Ascendency.
- Section V.: Remedy In Detail: Radical Parliamentary Reform: Elementary Arrangements In This Edition of It—their Necessity.
- Section VI.: Differences Between This and the Original Editions of Radical Reform.
- Section VII.: Virtual Universality of Suffrage Further Considered.
- Section VIII.: Virtual Universality of Suffrage—its Undangerousness.
- Section IX.: Freedom of Suffrage Further Explained—seductive Influence—its Forms, Instruments, &c.
- Section X.: Bribery and Terrorism Compared.
- Section XI.: Purchase of Seats—in What Cases Mischievous—in What Beneficial.
- Section XII.: Secresy of Suffrage—its Importance Further Developed.
- Section XIII.: Exclusion of Placemen, &c. From the Right of Voting—mischievousness and Profligacy of the Opposite Arrangement.
- Section XIV.: Universal Constancy of Attendance—its Importance.
- Section XV.: Representatives—impermanence of Their Situation—its Importance:—objections—their Groundlessness.
- Section XVI.: Moderate Reform—its Arrangements—their Inadequacy.
- Section XVII.: Trienniality Inadequate;—annuality Necessary.
- Section XVIII.: Interests Adverse to Adequate Reform—support Given By Them to Moderate, to the Exclusion of Radical: Tories—whigs—people’s Men.
- Catechism of Parliamentary Reform; Or, Outline of a Plan of Parliamentary Reform; In the Form of Question and Answer; With Reasons to Each Article.
- Section I.: Ends to Be Aimed At On the Occasion of Parliamentary Reform.
- Section II.: Means, Conducive Towards These Ends.
- Section III.: Means—their Uses, With Reference to Their Respective Ends.
- Section IV.: Means Conducive to Aptitude In Members: I. Placemen Not to Vote, Nor to Be Seated By Election.
- Section V.: Means, &c. Continued.—ii. Placemen Seated By the King, With Speech and Motion, Without Vote.
- Section VI.: Means, &c. Continued.—iii. Elections Frequent—annual.
- Section VII.: Means, &c. Continued.—iv. Speeches Authentically and Promptly Published.
- Section VIII.: Means, &c. Continued.—v. Attendance, Punctual and General, Secured.
- Section IX.: Inconveniences Incident to Elections, and Election Judicature.
- Section X.: Election Inconveniences—means For Their Removal.
- Section XI.: Collateral Advantages, Referable to the Situations of Electors, Placemen, Lords, &c.
- A Sketch of the Various Proposals For a Constitutional Reform In the Representation of the People, Introduced Into the Parliament of Great Britain, From 1770 to 1812.
- Radical Reform Bill, With Extracts From the Reasons.
- Preliminary Explanations.
- Title of the Proposed Act.
- Preamble.
- Section 1.—: Seats and Districts.
- Section 2.—: Electors, Who.
- Section 3.—: Eligible, Who.
- Section 4.—: Election Offices.
- Section 5.: Election Apparatus.
- Section 6.—: Promulgation of Recommendations In Favour of Proposed Members.
- Section 7.—: Voters’ Titles Pre-established.
- Section 8.—: Election, How.
- Section 9.: Election Districts and Polling Districts, How Marked Out.
- Section 10.—: Vote-making Habitations, How Defined.
- Section 11.—: Members’ Continuance.
- Section 12.—: Vacancies Supplied.
- Section 13.—: Security For the House Against Disturbance By Members. †
- Section 14.—: Indisposition of Speakers Obviated.
- Appendix, Including General Explanations.
- Radicalism Not Dangerous. Extracted From the Mss. of Jeremy Bentham. *
- Part I.—: Introduction.
- Section I.: Radical Reform Bill Recapitulated.
- Section II.: Persuasion of the Dangerousness of Radicalism—cause of It, and of the Vituperative Expression Given to It.
- Section III.: Terms of the Accusation,—speeches From the Throne, 16 Th July and 21 St November 1819.
- Section IV.: The Accusation In General Terms—counter-averment.
- Section V.: Plan of This Defence.
- Part II.—: Deference From the General Nature of the Case.
- Section I.: Conditions Necessary to a Man’s Embarking In Such a Design.
- Section VII.: Concurrence In Any Other Extensive Plan of Spoliation Impossible.
- Section VIII.: Concurrence of Any Constituted Authorities Impossible.
- Section IX.: Accomplishment Impossible—design Impossible.
- Section X.: The Talked-of Spunge No Proof of the Design.
- Part III.—: Defence From Experience In the Case of the United States.
- Part IV.: Defence From Particular Experience In the Case of Ireland: Years 1777 Or 1778, to 1783.
- Section I.: Analogy Between This and the Previous Case.
- Section II.: Democratic Ascendency, How Produced.
- Section III.: Fruit of Democratic Ascendency a Golden Age.
- Section IV.: Coincidence of Its Characters With Those of Radicalism.
- Section VI.: Extinction of Democratic Ascendency and Reform—restoration of Monarchico-aristocratical Ascendency, and Its Consequences.
- Conclusion.
CHAPTER XII.
CONSTITUTIONAL ADVANTAGES.
Among the effects resulting from the national debt in the early stages of its existence, was the security it afforded to the old established constitution, by engaging the purses and affections of the monied interest in the service and support of the new-established government. That was the great-monied interest. In other points of view, the institution of that debt has found many disapprovers: in this it has found none—among those, at least, by whom the existing constitution is regarded as fit to be preserved. The advantage resulting from the transmutation of that debt into the proposed form would be—the security to the constitution and government now grown into one, arising from its engaging the support of what may be called the little-monied interest by the same powerful tie.
The body politic, not less than the body natural, is subject to its constitutional diseases. Tyranny was the grand disease in prospect then: anarchy now. The danger then was, from a single person in respect of the sentiments of submission pointed to that person, and carried to excess: the danger now is from the great multitude—in respect of the disposition to unruliness which has been, and continues to be propagated with but too much success among the lower orders—among those (let it never be out of mind) of whom is composed the vast majority of the people.
If the name of great-monied interest, employed above for distinction’s sake, be well applied, it is with reference to money, and by reason of the greatness of the shares, but with reference to men, meaning multitude of men—and even with reference to money, if the magnitude of the total be the object of consideration—it is the little-monied interest that should be termed great.
As the disease changes its form, so should the remedy. Stock, in its large doses, served for the disorder of that time: paper, in its small doses, is the specific for the present.
Admirable are the remedies that have already been applied: admirable, not more for their efficiency than for their gentleness. There remains this one—and perhaps another that might be named—remedies, not less efficient, and still more gentle.
Turning to Ireland, the demand for the remedy will be found the same in kind, but much more urgent in degree: the proportion of petty to great money-holders much greater: the bias to turbulence and anarchy (not to speak of idleness and drunkenness) beyond comparison more prone.
Turn, lastly, to British India:—What a sheet-anchor to British dominion—to the mildest, the most upright, the steadiest of all governments—if by insensible and voluntary steps the population of that remote, most expanded, and most expansive branch of the British empire, should be led to repose the bulk of their fortunes and their hopes on a paper bearing the image and superscription of a British governor! What a reduction in the rate of interest paid there by government!—what a remedy to the risks and embarrassments attendant on the interchange of so many debaseable and incommensurable modifications of metallic currency!—what an augmentation to the general mass of currency, capital, and wealth!
But all these are trifles in comparison with the additional pledge of popular attachment, and the increased assurance of internal peace. From the Zemindar to the Ryot, every Hindoo, every Mussulman, who possessed this money—every individual, in a word, who possessed money—might thus, by his own money, and to a great part of the amount of his own money—might thus, and without impeachment of probity—be converted into a pensioner of the British government. For a premium equal to the interest the paper yields, he would be underwriting—perpetually underwriting his allegiance to the amount of the principal.
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