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Front Page arrow Titles (by Subject) arrow 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 - The Works of Jeremy Bentham, vol. 4

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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 - Jeremy Bentham, The Works of Jeremy Bentham, vol. 4 [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. 4.

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

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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 unexampled, indispensable.

Of this Rationale, the uses may be thus enumerated:—

1. To the draughtsman himself, it will serve at once as a guide and as a bridle: as a guide, for directing his understanding and active talent in the right track, by keeping at all times in his view the universal goal or object, towards which, as above, it ought in every part to be directed.

2. As a bridle, by keeping in his mind the remembrance, that, in case of his giving place to any arrangement, for which no sufficient reasons are given, while against it, reasons, suggested by its relation to that same universal end, will be likely to present themselves to other eyes,—he may have a timely view of the condemnation, to which, at the hands of public opinion, he will in such case subject himself: as also, in the opposite case, of the crown of applause and gratitude, which, at the hands of that same universal tribunal, awaits his head.

3. To the subject-citizen, it will serve all along as a key—an instrument of interpretation: of interpretation, for the solution of all such difficulties and doubts, as might otherwise have place, in regard to the import of the terms employed.

4. To the subject-citizen, again, it will serve as a cordial—a source of satisfaction; showing to him, in a point of view not less advantageous than correct, the character of the government under which he lives: showing all along, that it is only as an indispensable means of preponderant benefit to all, that the burthen imposed upon any one is, in any part of it, so imposed.

5. To the subject-citizen, again, it will, taken all together, according to the extent occupied by it in the field of morals and legislation, serve as a code of instruction, moral and intellectual together: applying itself to, and calling into continual exercise, the intellectual faculty; and not merely, as in the case of a code of ordinary structure, applying itself to the will, and operating upon that faculty, by no other means than the irresistible force of a superior will, employed in the way of intimidation or remuneration: intimidation of necessity for the most part: intimidation, with only a small admixture of remuneration, in a comparatively small number of cases, and to a comparatively minute extent.

6. To the judge, in his situation, it will afford the same facility, guidance, satisfaction, and instruction, as to the subject-citizen in his: it will, moreover, in proportion to its clearness, correctness, and completeness, apply to his mouth, to keep him all along from turning aside into the track of corrupt or arbitrary decision—a bridle: an implement, which, in his career, is so necessary. In so far as the course he takes is confined to the track of his duty as thus pointed out, the very bridle will moreover afford him a support: a support against whatever ungrounded accusations and imputations his situation exposes him to.

7. In relation to the legislator, acting as such on the occasion here in question—in relation to the legislator, that is to say, to him who possesses or shares in the power of giving binding force to the work of the draughtsman, as above,—it will render service in all those several shapes, in which it has been thus officiating, in relation to the draughtsman, the subject-citizen, and the judge:—in the several shapes (that is to say) of a guide, a bridle, an instrument of interpretation, a source of satisfaction, and a body of moral and intellectual instruction.

8. To the mouth of the legislator, it will, in all succeeding times, keep applied that sort of bridle, and the only sort which, without the grossest absurdity, could either be attempted to be so applied to that supreme functionary, or by him submitted to. To the body of arrangements, to which it is attached, and to each distinguishable arrangement in particular, it will thus, in proportion to their aptitude respectively, form a sort of anchor, bestowing upon them respectively, at all times, that degree of fixedness, and that alone, which, for the greatest happiness of the greatest number, they ought respectively to have.

In this character, it will form a striking contrast with the only sort of steadiment that has ever yet been applied to them: with that sort of steadiment, which, with such unhappy frequency, it has been customary to apply to them: viz. that which is composed of an ungrounded expression and effusion of arbitrary will: an instrument not more remarkable for its weakness, than for the absurdity and presumption manifested in the construction of it: an attempt, on the part of the legislator, not only when less experienced and less advised, to tyrannize over himself when more experienced and more advised,—but, when rendered by death as deaf and impotent as when alive he was blind, to tyrannize over his enthroned, and vigorous, and hearing, and seeing successors.

9. Under a representative government—the only sort of government which deserves the name—under a representative government, to constituents in the character of electors, it will afford, for judging of the appropriate aptitude of proposed representatives, a test, than which, in so far as, by conduct, under and in relation to the body of the laws, occasion has been afforded for the application of it, none more apt can be afforded by the nature of the case. “On such or such an occasion, when an arrangement to such or such an effect was proposed for confirmation or alteration, what was your vote? what was your speech? when, in support of the arrangement proposed to be altered, there are such and such reasons, what counter reasons did you then offer? what are you able and disposed now to offer?” Such is the scrutiny, to which his conduct while in office might, by the lights in question, be on each occasion subjected.