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SECTION V.: PLAN OF THIS DEFENCE. - 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.

Part of: The Works of Jeremy Bentham, 11 vols.

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SECTION V.

PLAN OF THIS DEFENCE.

On the present occasion, all endeavours to find so much as an attempt at proof having been fruitless, whoever he be to whom the affirmation presents itself as erroneous or untenable, either he must remain silent, suffering to go abroad, as if it were true and unanswerable, an opinion which to him appears in the highest degree pernicious, as well as erroneous and untenable, or he must engage in a task so pregnant with difficulty and embarrassment, as the proving of the negative. This course, there being no other, must here be mine.

Under the pressure of this untoward necessity, the course I shall take is this:—

i. To show in the first place, from the consideration of the general nature of the case, that neither the accomplishment of any subversive partition, nor therefore the formation of any such correspondent design, is, or was, or ever will be, possible. This will be the business of Part II. of this short work.

ii. In the second place I shall show, that in the information afforded in relation to this subject may be seen a sufficient security against preponderant evil, not only in this shape, but in every other shape.

If from the power which radical reform would place in the hands of men of the class of universal-suffrage men, or at any rate in those of all householders, preponderant evil in any other shape were justly and reasonably to be apprehended, the improbability of its taking place would be no sufficient defence. But as a ground for any such supposition, neither argument deduced from the general nature of the case, nor experience in any particular instances, have ever been adduced. In proof of the opposite assurance, I shall adduce, in the first place, the case of the United States. Under that head I shall call to mind, that so far from anarchy, government better in every respect than in England is in that country the result, not merely of democratic ascendency in a monarchy, but of actual democracy, and that those under whose influence in the character of electors, the business of that really matchless government is carried on, are persons whose condition is not substantially different from that of universal-suffrage men here. This will form the business of Part III.

iii. In farther proof of this same assurance I shall adduce, in the last place, the case of Ireland, in the years from 1778 to 1783 inclusive. Under that head I shall in this instance likewise call to mind and show that instead of anarchy, under democratic ascendency maintained by a class of men not substantially distinguishable from universal suffrage men, the business of government was carried on in a manner confessedly superior in every respect to any in which in that same country it ever had been carried on before, or ever has been since. This topic will furnish the matter of Part IV.

In the Part next ensuing, it may afford some assistance to conception, if the reader is put personally in possession of the course taken to show, from the very nature of the case, the impossibility of the evil apprehended by some, pretended to be apprehended by others,—and thereby of every such design as that of giving birth to it. This course will be shown by the following topics, which will be seen forming the heads of so many sections:—

  • 1. Conditions necessary to the existence of the imputed design—their concurrence impossible.
  • 2. In equal shares, general partition of immoveables impossible.
  • 3. In equal shares, general partition of moveables impossible.
  • 4. In equal shares, general partition of property in any other shape impossible.
  • 5. Determination as to who shall be sharers impossible.
  • 6. In any other than equal shares, general partition of property in every shape impossible.
  • 7. Concurrence in any other plan of general spoliation impossible.
  • 8. Concurrence of constituted authorities necessary, but impossible.
  • 9. Accomplishment being manifestly impossible, the design is impossible.
  • 10. The talked-of spunge affords no proof of any such design.

PART II.—

DEFERENCE FROM THE GENERAL NATURE OF THE CASE.

[]The affirmative, not the negative, is the side in which proof should in the first place be adduced. Such is the acknowledged rule, not only in the field of local law, but in the field of universal law—in a word, over the whole field of reason. If to this canon there be any exceptions, small indeed is their extent, nor will the present case be found to be in the number of them.

Guilt is imputed to us—guilt of the deepest dye. But the proof, where is it? Nowhere—none adduced—none so much as attempted to be adduced: yet condemnation follows—has followed—just as if there had been proof, and that proof complete and conclusive.