Front Page Titles (by Subject) LETTER IX.: PENITENTIARY-HOUSES—ECONOMY—CONTRACT—PLAN. - The Works of Jeremy Bentham, vol. 4
LETTER IX.: PENITENTIARY-HOUSES—ECONOMY—CONTRACT—PLAN. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 4 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 4.
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- A View of the Hard-labour Bill; Being an Abstract of a Pamphlet, Intituled, “draught of a Bill, to Punish By Imprisonment and Hard Labour, Certain Offenders; and to Establish Proper Places For Their Reception:” Interspersed With Observations Relative T
- Panopticon; Or, the Inspection-house: Containing the Idea of a New Principle of Construction Applicable to Any Sort of Establishment, In Which Persons of Any Description Are to Be Kept Under Inspection; and In Particular to Penitentiary-houses,
- Letter I.: Idea of the Inspection Principle.
- Letter II.: Plan For a Penitentiary Inspection-house.
- Letter III.: Extent For a Single Building.
- Letter IV.: The Principle Extended to Uncovered Areas.
- Letter V.: Essential Points of the Plan.
- Letter VI.: Advantages of the Plan.
- Letter VII.: Penitentiary-houses—safe Custody.
- Letter VIII.: Uses—penitentiary-houses—reformation.
- Letter IX.: Penitentiary-houses—economy—contract—plan.
- Letter X.: Choice of Trades Should Be Free.
- Letter XI.: Multiplication of Trades Is Not Necessary.
- Letter XII.: Contractor’s Checks.
- Letter XIII.: Means of Extracting Labour.
- Letter XIV.: Provision For Liberated Persons.
- Letter XV.: Prospect of Saving From This Plan.
- Letter XVI.: Houses of Correction.
- Letter XVII.: Prisons For Safe Custody Merely.
- Letter XVIII.: Manufactories.
- Letter XIX.: Mad-houses.
- Letter XX.: Hospitals.
- Letter XXI.: Schools.
- Postscript, Part I. Containing Further Particulars and Alterations Relative to the Plan of Construction Originally Proposed; Principally Adapted to the Purpose of a Panopticon Penitentiary-house. *
- Section I.: Principal Particulars. Principal Particulars Either Settled Or Altered, Since the First Hasty Design, As Described In Letter II. And Imperfectly Represented In Plate I. See Plate II. †
- Section II.: General View of the Whole Edifice. In a General View of the Whole Building, According to Its Present Form, Three Very Different, Though Connected Masses, May Be Distinguished.
- Section III.: Annular Well. Annular Well, Instead of Stories of Intermediate Annular Area.
- Section IV.: Protracted Partitions Omitted. Protracted Partitions Omitted; Or Rather, Taken Into the Cells.
- Section V.: Cells, Double Instead of Single.
- Section VI.: Dead-part.
- Section VII.: Chapel. Chapel Introduced. *
- Section VIII.: Inspection-galleries and Lodge.
- Section IX.: Of the Communications In General.
- Section X.: Communications. Prisoners’ Staircases.
- Section XI.: Communications—inspectors Staircases.
- Section XII.: Staircase For Chapel Visitors, and For the Officers’ Apartments.
- Section XIII.: Cell-galleries.
- Section XIV.: Doors.
- Section XV.: Diametrical Passage.
- Section XVI.: Communications—exit Into the Yards.
- Section XVII.: Exterior Annular Well. ‡
- Section XVIII.: Windows Reaching Low, and Glazed; Instead of High Up, and Open.
- Section XIX.: Materials. Arched Work—much Iron—plaster Floors.
- Section XX.: Outlets, Including Airing-yards.
- Section XXI.: Approach and Fences.
- Section XXII.: Means of Supplying Water.
- Section XXIII.: Of the Mode of Warming the Building.
- Section XXIV.: Of the Economy Observed In the Construction.
- Postscript—part II. Principles and Plan of Management.
- Section I.: Leading Positions.
- Section II.: Management—in What Hands, and On What Terms.
- Section III.: Of Separation As Between the Sexes.
- Section IV.: Of Separation Into Companies and Classes.
- Section V.: Employment.
- Section VI.: Diet.
- Section VII.: Clothing.
- Section VIII.: Bedding.
- Section IX.: Health and Cleanliness.
- Section X.: Of Airing and Exercise.
- Section XI.: Schooling and Sunday Employment.
- Section XII.: Of Ventilation, Shading, and Cooling.
- Section XIII.: Distribution of Time.
- Section XIV.: Of Punishments.
- Section XV.: Mode of Guarding On the Outside.
- Section XVI.: Provision For Liberated Prisoners.
- The Following Note Respecting This Work Was Given By Bentham to Dr. Bowring, 24 Th January 1821.
- Panopticon Versus New South Wales: Or, the Panopticon Penitentiary System, and the Penal Colonization System, Compared.
- A Plea For the Constitution: Shewing the Enormities Committed, to the Oppression of British Subjects, Innocent As Well As Guilty;
- Section I.: Subject Matter—object—plan.
- Section II.: Power of Legislation—its Necessity In New South Wales.
- Section III: Legislation—how Far Lawful In New South Wales.
- Section IV.: American, &c. Legislation No Precedent For New South Wales.
- Section V.: Even In America, the Crown Had No Right to Legislate Without Parliament.
- Section VI.: Nullity of Legislation In New South Wales, For Want of an Assembly to Consent.
- Section VII.: Nullity of Governor’s Ordinances. For Want of a Court to Try Offences Against Them.
- Section VIII.: King’s Law-servants Not Infallible.
- Section IX.: Nullity of New South Wales Legislation, Proved By the Granada Case.
- Section X.: Governor’s Illegal Ordinances Exemplified.
- Section XI.: Governor’s Illegal Ordinances Exemplified.
- Section XII.: Expirees Forcibly Detained.
- Section XIII.: Expirees, During Detention, Kept In a State of Bondage.
- Section XIV.: Statutes Transgressed By the Legislation and Government of New South Wales.
- Draught of a Code For the Organization of the Judicial Establishment In France: With Critical Observations On the Draught Proposed By the National Assembly Committee, In the Form of a Perpetual Commentary.
- Bentham’s Draught For the Organization of Judicial Establishments, Compared With That of the National Assembly, With a Commentary On the Same.
- Emancipate Your Colonies! Addressed to the National Convention of France, Anno 1793.
- Jeremy Bentham to His Fellow-citizens of France, On Houses of Peers and Senates.
- Papers Relative to Codification and Public Instruction: Including Correspondence With the Russian Emperor, and Divers Constituted Authorities In the American United States.
- Part I.—: On Codification.
- No. I.: To the President of the United States of America.
- No. II.: James Madison, Then President of the Congress of the American United States, to Jeremy Bentham, London.
- No. III.: Albert Gallatin, Minister Plenipotentiary From the American United States to the Court of London, to Simon Snyder, Governor of Pennsylvania, Introducing a Letter From Jeremy Bentham to the Said Governor.
- No. IV.: Jeremy Bentham, London, to Simon Snyder, Governor of Pennsylvania.
- No. V.: Simon Snyder, Governor of Pennsylvania, to David Meade Randolph, Esq. Williamsburgh, Virginia, On the Subject of the Above Letter of Jeremy Bentham.
- No. VI.: Extract From a Printed Paper, Signed Simon Snyder, Dated Harrisburg, December 5 Th 1816, James Peacock, Printer, Intituled “ Governor’s Message to the Senate and House of Representatives of the Commonwealth of Pennsylvania, ” Containing Seve
- No. VII.: Circular. — to the Governor of the State of
- No. VIII.: Jeremy Bentham, an Englishman, to the Citizens of the Several American United States.
- No. IX.: Jeremy Bentham to James Madison, Late President of the American United States.
- No. X.: Jeremy Bentham to the Emperor of All the Russias.
- No. XI.: Alexander I. Emperor of All the Russias, to Jeremy Bentham, London—written With His Imperial Majesty’s Own Hand, In Answer to the Above, [no. X.]
- No. XII.: Jeremy Bentham to the Emperor of All the Russias.
- No. XIII.: Prince Adam Czartoriski, of Poland, to Jeremy Bentham, London. *
- No. XIV.: Jeremy Bentham, London, to Prince Adam Czartoriski of Poland.
- Part II.: Public Instruction.
- No. I.: ( Circular. )— Letter From His Excellency Wilson Cary Nicholas, Governor of Virginia, On the Subject of Public Instruction.—addressed (the Copy of Which This Is a Transcript) to His Excellency John Quincy Adams, Minister Plenipotentiary From the U
- No. II.: ( Circular. )— to the Governor of the State of
- No. III.
- No. IV. Notice Concerning Chrestomathia, By the Paris Lancasterian Instruction Society. Report of the British and Foreign School Society to the General Meeting, Dec. 12, 1816.—EXTRACT.
- Codification Proposal, Addressed By Jeremy Bentham to All Nations Professing Liberal Opinions; Or Idea of a Proposed All-comprehensive Body of Law, With an Accompaniment of Reasons, Applying All Along to the Several Proposed Arrangements:
- Part I.—ARGUMENTS.: Positions, With Reasons For Proofs.
- Section 1.: In Every Political State, the Greatest Happiness of the Greatest Number Requires, That It Be Provided With an All-comprehensive Body of Law. All-comprehensiveness, Practicable, and Indispensable.
- Section 2.: The Greatest Happiness of the Greatest Number Requires, That Such Body of Law Be Throughout Accompanied By Its Rationale: an Indication of the Reasons On Which the Several Arrangements Contained In It Are Grounded. Rationale, Though Unex
- Section 3.: The Greatest Happiness of the Greatest Number Requires, That Those Reasons Be Such, Throughout, As Shall Show the Conduciveness of the Several Arrangements to the All-comprehensive and Only Defensible End Thus Expressed. Rationale, Indicat
- Section 4.: The Greatest Happiness of the Greatest Number Requires, That, of This Rationale, the Several Parts Be Placed In the Most Immediate Contact With the Several Arrangements to Which They Respectively Apply. Rationale, Interwoven, Not Detached.
- Section 5.: The Greatest Happiness of the Greatest Number Requires, That For the Function Exercised By the Drawing of the Original Draught of Such a Code, the Competitors He As Many As, Without Reward At the Public Expense, Can Be Obtained: and So, For T
- Section 6.: The Greatest Happiness of the Greatest Number Requires—that, For the Drawing of Any Such Draught, No Reward At the Public Expense Be Given. At Additional Expense, Reward None.
- Section 7.: The Greatest Happiness of the Greatest Number Requires—that Every Draught, So Given In, Be, From Beginning to End, If Possible, the Work of a Single Hand. Hands Not More Than One.
- Section 8.: The Greatest Happiness of the Greatest Number Requires—that Such Original Draught, Being the Work of a Single Hand, Be Known to Be So. Hand, Known to Be But One.
- Section 9.: The Greatest Happiness of the Greatest Number Requires, That the Work, Being the Work of a Single Hand, and Known to Be So, It Be Known Whose the Hand Is. Hand, Known Whose It Is.
- Section 10.: The Greatest Happiness of the Greatest Number Requires, That, For the Drawing of the Original Draught, All Foreigners Be Admitted Into the Competition: and That, In So Far As Applicable, Unless It Be In All Particulars Taken Together Decid
- Section 11.: On the Part of an Individual, Proposing Himself As Draughtsman For the Original Draught of a Code of Laws, Willingness Or Unwillingness to Interweave In His Draught a Rationale As Above, Is the Most Conclusive Preliminary Test, and That
- Section 12.: On the Part of a Ruler, Willingness Or Unwillingness to See Established an All-comprehensive Code, With Its Rationale As Above, and to Receive Original Draughts From All Hands, Are Among the Most Conclusive Tests of Appropriate Aptitude,
- Part II.—TESTIMONIALS.
- I. England
- II. Geneva
- III.: Spain.
- IV.: Portugal.
- V.: Italy.
- VI.: France.
- VII.: Anglo-american United States.
- VIII.: Greece.
- IX.: South America.
I am come now to the article of pecuniary economy; and as this is the great rock upon which the original penitentiary-plan I understand has split, I cannot resist the temptation of throwing out a few hints relative to the mode of management, which I look upon as the most eligible in this view; but which could not, as you will see, have been established with anything like the advantage, upon any other ground than that of my brother’s inspection principle.
To come to the point at once, I would do the whole by contract. I would farm out the profits, the no-profits, or if you please the losses, to him who, being in other respects unexceptionable, offered the best terms. Undertaking an enterprise new in its extent, in the description of the persons to be subjected to his management, and in many other circumstances, his success in if, if he does succeed, may be regarded in the light of an invention, and rewarded accordingly, just as success in other inventions is rewarded, by the profit which a monopoly secured by patent enables a man to make; and that in proportion to the success which constitutes their merit. He should have it during good behaviour; which you know is as much as to say, unless specific instances of misbehaviour, flagrant enough to render his removal expedient, be proved on him in a legal way, he shall have it for his life. Besides that when thus secured he can afford to give the better price for his bargain, you will presently see more material reasons to counterbalance the seeming unthriftiness of granting him a term, which may prove so long a one. In other respects, the terms of the contract must, of course, depend upon the proportion of capital, of which the contract gave him the use. Supposing the advance to amount to the whole manufacturing stock, he must of course either pay something for his contract, or be contented with a share of the gross profits, instead of the whole, unless that from such profits an interest upon the capital so advanced to him should be deducted: in which case, nobody, I suppose, would grudge him the whole net profit after such deduction, even though the rate of interest were much below the ordinary one: the difference between such reduced rate of interest and the ordinary one, would constitute the whole of the expense which the public would be at. Suppose, to speak at random, this expense were to amount to £6000, £8000, or £10,000 a-year, for the 3000 convicts which, it was computed, would be the standing number to be maintained in England, I should not imagine that such a sum as even this latter would be much grudged. I fancy the intended expedition to Botany Bay, of which I am just apprized, will be rather more expensive. Not that it appears to me that the nation would remain saddled with any such expense as this at the long run, or indeed with any part of it. But of this hereafter.
In the next place, I would give my contractor all the powers that his interest could prompt him to wish for, in order to enable him to make the most of his bargain, with only some slight reservations, which I will mention afterwards; for very slight ones you will find they will be, that can be needful or even serviceable in the view of preventing abuse.
But the greater latitude he has in taking such measures, the less will he grudge the letting it be known what the measures are which he does take, knowing, at the same time, that no advantage can be taken of such knowledge, by turning him out in case of his success, and putting in another to reap the fruits of his contrivance. I will then require him to disclose, and even to print and publish his accounts—the whole process and detail of his management—the whole history of the prison. I will require him, I say, on pain of forfeiture or other adequate punishment, to publish these accounts, and that upon oath. I have no fear of his not publishing some accounts, because, if the time is elapsed and some accounts not published—a fact not liable to dispute—the punishment takes place of course: and I have not much fear that the accounts, when published, will not be true; because, having power to do every thing that is for his advantage, there is nothing which it is his interest to conceal; and the interest which the punishment for perjury gives him not to conceal, is manifest, more especially as I make him examinable and cross-examinable viva voce upon oath at any time.
It is for clearing away as much as possible every motive of pecuniary interest that could prompt him to throw any kind of cloak or reserve upon any of his expedients for increasing his profits, that I would insure them to him for life.
From the information thus got from him, I derive this advantage. In the case of his ill success, I see the causes of it, and not only I, but every body else that pleases, may see the causes of it; and amongst the rest, those who, in case of their taking the management out of his hands, would have an interest in being acquainted with such causes, in order to obviate or avoid them. More than that, if his ill success is owing to incapacity, and that incapacity such as, if continued, might raise my expense above the calculation, I can make him stop in time—a measure to which he can have as little objection as myself; for it is one advantage of this plan, that whatever mischief happens must have more than eaten out all his profits before it reaches me.
In the case of his good success, I see the causes of that too; and every body sees them, as before; and, amongst others, all persons who could propose to themselves to get into a situation similar to his, and who in such case would naturally promise themselves, in the event of their getting into his situation, a success equal to his—or rather superior; for such is the presumption and vanity natural to man.
Without such publication, whom should I have to deal with, besides him? certainly, in comparison, but a very few; not many more than I may have had at first: the terms, of course, disadvantageous as at first; for disadvantageous terms at first, while all is yet in darkness, they certainly must be.
After such publication, whom should I have then? I should have every body; every body who, by fortune, experience, judgment, disposition, should conceive himself able, and find himself inclined, to engage in such a business; and each person seeing what advantage had been made, and how, would be willing to make his offer in proportion. What situation more favourable for making the best terms?
These best terms, then, I should make at his death, even for his establishment; but long before that, had I others upon the carpet, I should make similar good terms for all those others. Thus I make his advantage mine, not only after it has ceased to be his, but almost as soon as it commences so to be: I thus get his success in all the rest, by paying for it only in the one; and in that not more than it was necessary to pay for it.
But contractors, you will say perhaps, or at least if you don’t, there are enough that will, “are a good-for-nothing set of people; and why should we be fleeced by them? One of them perjured himself not long ago, and we put him into the pillory. They are the same sort of gentry that are called farmers-general in France, and publicans in the Gospel, where they are ranked with sinners; and nobody likes them anywhere.” All this, to be sure, is very true: but if you put one of them into the pillory, you put another of them into the post-office; and if in the devoted city five righteous would have screened the whole gang from the perdition called for by the enormities of ninety-five unrighteous, why should not the merits of one Palmer be enough to make it up for the demerits of twenty Atkinsons? Gentlemen in general, as I have had manifold occasion to observe, love close reasoning, and here they have it. It might be thought straying from the point, if I ventured to add, that gentlemen in the corn trade, or in any other trade, have not commonly quite so many witnesses to their bargains, as my contractor would have to the management of his house.