Front Page Titles (by Subject) SECTION IV.: COINCIDENCE OF ITS CHARACTERS WITH THOSE OF RADICALISM. - The Works of Jeremy Bentham, vol. 3
SECTION IV.: COINCIDENCE OF ITS CHARACTERS WITH THOSE OF RADICALISM. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 3 
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.
- 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.
- 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.
- 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.
- 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.
COINCIDENCE OF ITS CHARACTERS WITH THOSE OF RADICALISM.
The position to be proved—and proved from the example here in question is—Radicalism not Dangerous. What has been shown already is, that democratic ascendency has nothing dangerous in it. The thing now to be shown is, the virtual coincidence between democratic ascendency as in that case established, in respect of government, and the state of things that would be established, if a free and genuine representation of the people in the Commons House were established upon the principles of Radical Reform.
Impossibilities must not here be looked for. Between a state of things once actually in existence, and a state of things only in imagination and proposal—between a state of things established without authority—by other than the constituted authorities,—and a state of things as proposed to be established by legal regulations—the work of the constituted authorities,—a coincidence in terms cannot rationally be expected. All that can be reasonably looked for is, that between the substance of the elementary arrangement, or leading features on the one part, and those on the other, the coincidence shall be found to have place.
First comes secrecy of suffrage. Here, instead of the cause—the cause which if not followed by the effect, would not be of any use or value—we must look for the effect. We must look for freedom, or, in a word, for genuineness: we shall find it in the particular state of things in question, secured by other causes—secured to a considerable degree, but still too far short of that degree of perfection, in which it would be secured by secrecy of suffrage.
It is not in itself that secrecy of suffrage is of any use. The only use it is of, lies in the effects of which it is productive to the community at large. Freedom, and thence genuineness of the votes, and thereby assurance that in each instance the vote given is conformable to what in the conception of the voter is the universal interest: to the individual, security against that coercion and oppression which might otherwise be exercised on him, on account of the service he has or would have rendered to the universal interest,—namely, by preventing him from rendering it, or punishing him for having rendered it, as the case may be.
In the case in question, freedom had place then, from the very nature of the case; for no one could have been a member of the association, and as such given his vote in the choice of the delegate sent by it, who had not been rendered a member of it by his own real inclination. That among those who appeared in that character there were many who on ordinary occasions would have felt themselves dependent on the pleasure of this or that individual or number of individuals, in the character of patron or patrons, cannot be matter of doubt; but in the circumstances of the time they found several shields against oppression from that cause. In the impossibility of resisting the tide of public opinion and popular sentiment, the dependent would find an excuse which could not but operate with more or less effect to soften the rigour of an oppressing patron: and in that same force he might, and in many instances would, find a protection by the contemplation of which the patron would be deterred from exercising the oppression, with whatever power the desire to exercise it might all the while be operating at the bottom of his heart.
Next comes universality of suffrage. To the existence of this universality of suffrage, what is necessary on the occasion in question is, not that all persons should actually vote, but that all persons should, as against any legal impediment, find themselves at liberty to vote: that upon no person, by the exaction of qualification or otherwise, any exclusion should be put on the ground of want of property, or for any other cause. That in the case in question, such was the state of things has been rendered manifest. The Protestants being that part of the population in which the institution appears to have originated, if upon any description of persons an exclusion had been put, not want of property but want of orthodoxy would have been the cause. That at the outset, in this or that part of the country, exclusion for that cause had place to a certain extent, seems to be sufficiently declared. But if Lord Sheffield, a declared and contemptuous adversary to Radical Reform, is to be believed, as the institution spread, exclusion on this ground vanished, and it was in proportion as Radical Reform forced itself into mens’ eyes and hearts, that exclusion vanished; and in a ratio greater than that of its population to the Protestant part, Catholicism soon found place in the body of the associated volunteers.
Will it be said, that though on the ground of want of property, no direct and manifest exclusion was put on any one, yet an indirect and not less effectual exclusion was produced by the need of money for the purchase of arms, and for subsistence during the time occupied in training? As for arms, to the extent that has been seen (16,000,) they were furnished by Government; and as to the remainder of the total number of the associates, property in the arms not being necessary to their use of them, the cost of the requisite supply to all those who could not with convenience to themselves make the purchase, would be a mere nothing among the men of first-rate opulence, who by participation in the common interest were engaged, heart as well as hand, in the design, till Parliamentary reform came upon the carpet, and gave, as we shall see, an opposite direction to the current of aristocratic interests and desires.
Thirdly, as to equality of suffrage. Rather for the purpose of showing that no one of the elements of radicalism has been passed by, is any particular mention made of this one. The circumstance upon which equality of effect and value, as between one man’s and another man’s right of suffrage depends, is equality of population as between each elective district and every other. By no other instrument than the hand of law could any approach to equality in this particular, it is sufficiently evident, have on that or any other occasion been effected. By no other instrument, nor even by that, without a constant, particular, and all-comprehensive body of arrangements, such as that which has lately been submitted to the public view, nor by even that instrument, before the end of a considerable length of time. Of the districts in which the several component bodies of the all-comprehensive association were formed, the dimensions would necessarily be those which, having originally been marked out by the legal arrangements, had been perpetuated by the universally-employed denominations.
Fourthly and lastly, as to annuality of suffrage. This feature of the plan is subordinate in the scale of importance to universality, as both together are to freedom and genuineness, and thence to secrecy. If in its composition the representative body be such as determines it at all times to sacrifice to the interest of the corporation—of the ruling few of which it makes a part—the interest of the subject-many, any frequency of removal has little other and better effect than a correspondent repetition of all-comprehensive vexation and expense.
Be this as it may, of democratic ascendency, as manifested during the prevalence of the Irish volunteer system, not simply annuality of election, but ultra-annuality, had place. Under democratic ascendency, as it would be regularly organized and permanently established in the case of the Commons House,—under and by virtue of a system of Radical Reform, certain terms would of course be appointed, on which the electors should be called upon to renew the signification of their wishes, and thus correct any imperfection which in this or that instance may have been produced by a less auspicious choice. In the case of the self-formed body in question, its composition and operations not having been the result of any pre-established arrangement, no such simultaneous and periodical faculty of change, leaving each individual in secure possession of his situation during the whole interval between change and change, would naturally present itself. The result was a still greater degree of impermanence than under the arrangement of annuality of suffrage: a still greater degree of impermanence, and thence a still closer dependence on the the part of representatives, on the good opinion and will, and self-supposed interest, of constituents.