The Online Library of Liberty

A project of Liberty Fund, Inc.

• 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.

TITLES OF THE PENAL CODE.

These may be distinguished into particular and general titles.

Each head of offence constitutes a particular title.

Those are called General titles, under which matters which belong in common to a great part of the particular titles are contained. The first advantage is—repetitions avoided; the second advantage—views extended and confirmed.

The following is the catalogue of the general titles which ought to be treated of in the penal code:—

1. Of persons subject to the law.

2. Of negative and positive offences.

3. Of principal and accessory offences.

4. Of co-delinquents—that is, associates in committing crimes.

5. Of grounds of justification.*

6. Of grounds of aggravation.

7. Of grounds of extenuation.

8. Of grounds of exemption.

9. Of punishments.

10. Of indemnification, and other satisfactions to the party injured.

With respect to the particular titles, they are all formed upon the same model: if the first is known, all the others are known also.

Here follows an example:—

Title I.

Of Simple Corporal Injuries.

SECTION I.

PRINCIPAL TEXT.

There is simple corporal injury, when, without lawful cause(^a) an individual has caused(^b) or contributed to cause to another,(^c) suffering or corporal uneasiness,(^d) which is not followed by any ulterior(^e) corporal evil.

SECTION II.

MEANS OF PUTTING AN END TO THE OFFENCE.

It is here that the following matters should be placed, that reference may be made to them:—

1. Right or power of resistance against an unjust attack.

2. Right, or power and obligation, to lend assistance to another against an unjust attack.

3. Right, power, and obligation to the officers of police to lend assistance.

4. Right and obligation for individuals to call for the assistance of the officers of police to cause an unjust attack to cease.

Punishments.—1. Fine (^h) at option (ⁱ) and discretion (^k), which shall not exceed the—th (^l) part (^m) of the property of the delinquent.

2. Imprisonment (ⁿ) at option and discretion, which shall not exceed the term (for example) of one year. (^o)

3. Security for good conduct (^p) at option and discretion.

4. In serious cases (^q), banishment from the presence (^r) of the injured party for a time or for ever.

5. Costs of suit at option and discretion.

As many letters, so many references to different sections of the general title of punishments. There, for example, would be explained the expressions at option and discretion. At option is a concise phrase for expressing that it is lawful for the judge to employ or not to employ this punishment. At discretion, signifies that the judge ought to employ a certain quantity of this punishment, but that he may employ so much or so little as he may judge proper, provided that he keep within the limits prescribed by the general rules under the title of punishments.

Indemnifications.—As to what regards indemnifications, reference may be made to the general title which treats of them; reserving the details of those particular dispositions which may be judged convenient, for this place.

It is here that reference may be made to procedure. Procedure ad compescendum, which consists in putting an end to an offence, can have no place here, unless the crime be complicated with one of those which attack the liberty of the person.

Procedure ad puniendum et ad satisfaciendum, are the two branches of which the application is the most universal, especially the first.

Whilst as to procedure ad præveniendum, reference should be made to the general title of punishments, which treats of security to be required for good conduct.

Reference to the title Grounds of Exemption.

Reference to the title Grounds of Aggravation.

I place—1. The grounds of aggravation, which do not cause the offence to be referred to another name; 2. Those which add to it the qualities designated by some appellation of the same class; 3. Those which transfer it to the class of semi-public offences; 4. Those which transfer it to the class of public offences.

Reference to the Grounds of Extenuation.

If there be in an offence any circumstance of aggravation, the quantity of the ordinary punishment may be in consequence increased, or an ulterior punishment of a different kind may be permitted. This new punishment may be called by the technical name of extra punishment. In the same manner, in the case of extenuation, there might be established an infra punishment.

Another Example:—In order to continue to give an idea of the plan, let us take an example from among offences which relate to property. Here a new order of things presents itself. That which has been considered, appeared only to relate to what is penal—the following article will recal the idea of the civil code. We must not, however, forget that an offence is still under consideration.

I choose waste, as presenting the most simple case.

PRINCIPAL TEXT.

There is injurious waste, when, without lawful cause(^a) , an individual destroys, or contributes(^c) to destroy or injure(^d) a thing(^e) of some value.(^f)

In order to simplify the case, I leave out that part which concerns evil intention:—hence, in the supposition, the hurtful act only draws the quality which renders it punishable from some inadvertency, or some error in what respects the right.

It is of no consequence whether the value be constant or occasional, provided, at the time of its destruction, it possessed an actual value, or would have had it in future: as, if it were a fence which preserved a plantation, or a bank of earth raised for a momentary service.

In following out the plan, the meaning of the word value would be explained in such manner that it will not be doubtful whether it extends to a value which does not exist, except by reference to a certain place as a boundary; to that which arises only from agreement, as a paper which contains a contract; to that which is only representative, that is to say, which is nothing except as a means of procuring a thing, whose value is intrinsic; to that which is nothing except in relation to the public—as a writing proving that a certain individual is subjected for the public good to a certain obligation.

Of some value.] The value of a thing may be reputed as nothing, when it is such that it may be presumed that a person of any humanity or politeness would voluntarily give it up to whosoever would take the trouble to ask for it, and to take it; for example, the gleaning after the harvest, the wild fruits, the hedge nuts, &c.

But to destroy this presumption, any act on the part of the proprietor, which shows that he intends to refuse this permission, either to the public at large, or to any individual in particular, is sufficient.

Such is the plan: the other sections should correspond with these.

[* ]Grounds; that is to say, circumstances which affect the necessity of punishment—which render it greater or less, or altogether unnecessary.

[(a) ]without lawful cause.] This requires a reference to the general head of grounds of justification.

[(b) ]caused.] It is of no consequence, either in what manner, or by what means, the mischief has been done—whether the person have been beaten or wounded with or without instruments,—whether it have been occasioned by a stone or other solid body—by a current of air or other liquid—by water, light, heat, or electric matter directed against the party injured—or by presenting some disgusting or hideous object to the touch, the taste, the smell, the hearing, or the sight—or by administering, by force or otherwise, a drug producing vomiting, fainting, or other inconvenience.

It is of no consequence that the means employed have been indirect; for example, whether a dog or any other animal have been employed as the instrument, or whether, by false insmuations or other artifices, an innocent person, or even the individual himself, have been employed for the same purpose; as if he have been persuaded to walk into a trap or a ditch which had been concealed; or voluntarily to expose himself to the action of causes injurious to his health.

The offence may be equally committed by removing the remedy of which he would stand in need against some approaching evil of the same nature: as, for example, if food be removed from the reach of a man pressed with hunger—if the medicines of a sick man are taken away.*

[(c) ]another.] Refer to the title which treats of self-regarding offences, which corresponds to this species of private offences.

Refer also to the title which treats of semi-public offences of the same kind; from which it would be proper to refer again to the different codes established for the regulation of trade and manufactures, from the abuse of which suffering may result, corporal uneasiness or danger to persons not assignable,—such as those relating to innkeepers, tallow-chandlers, tanners, distillers, braziers, &c.

[(d) ]uneasiness.] It is of no consequence that the point of contact which is the cause of it is slight. It suffices for its production that it takes place against the will of the party injured. Hence the evil of this offence may vary, from the slightest uneasiness to the most extreme torture.

[(e) ]ulterior.] If any ulterior damage accrue, it must be referred to some other title of offences, as irreparable corporal injuries—imprisonment, &c.—Refer to the Table of Offences.

[(a) ]lawful cause.] Here to the ordinary grounds of justification, it is necessary to add a new one—property in the thing. But what is this property?—how shall it be shown that it is possessed? Here, then, a reference to titles to property is necessary.

[(c) ]contributed.] the same reference.

[(d) ]to destroy or injure.] To destroy a thing, is entirely to deprive it of those properties, in virtue of which it may be useful to man: to injure, is partly to deprive it of these qualities. If, instead of the properties which are altogether destroyed, it becomes possessed of others of less value, this amounts to the same thing.

Destruction and injury differ only in the quantity of the value destroyed.

Destruction is injury carried to its completion—injury is partial destruction.

[(e) ]thing.] Reference to the general title which treats of things and their kinds.

[(f) ]value.] It is of no consequence whether it be a thing which possesses a commercial value—that is to say, whether it be of a nature to be useful to a great multitude of persons without distinction, as for example, eatables—or whether it have only a particular value, which would be useful only to a certain individual; for example, a paper on which he had made notes which were only useful to himself.

[(b) ]caused.] It is of no consequence, either in what manner, or by what means, the mischief has been done—whether the person have been beaten or wounded with or without instruments,—whether it have been occasioned by a stone or other solid body—by a current of air or other liquid—by water, light, heat, or electric matter directed against the party injured—or by presenting some disgusting or hideous object to the touch, the taste, the smell, the hearing, or the sight—or by administering, by force or otherwise, a drug producing vomiting, fainting, or other inconvenience.

It is of no consequence that the means employed have been indirect; for example, whether a dog or any other animal have been employed as the instrument, or whether, by false insmuations or other artifices, an innocent person, or even the individual himself, have been employed for the same purpose; as if he have been persuaded to walk into a trap or a ditch which had been concealed; or voluntarily to expose himself to the action of causes injurious to his health.

The offence may be equally committed by removing the remedy of which he would stand in need against some approaching evil of the same nature: as, for example, if food be removed from the reach of a man pressed with hunger—if the medicines of a sick man are taken away.*

[*]That these details are too particular, is an objection which requires proof. The necessity of those things which some would consider as minute may be easily proved.