CHAPTER XVI.: OF FORCED EXCHANGES. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 1 (Principles of Morals and Legislation, Fragment on Government, Civil Code, Penal Law) 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 1.
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- Errata—vol. I.
- General Preface.
- Introduction to the Study of the Works of Jeremy Bentham;
- Section I.: Bentham’s Style and Method of Thinking.
- Section II.: The Greatest-happiness Principle and Its Application to Morals and Legislation.
- Section III.: The Pursuit of Truth.—fallacies.—principles of Evidence.
- Section IV.: System of Government.
- Section IV.: Law Reform.
- Section VI.: Principles of Punishment.
- Section VII.: Poor Laws, Education, and Other Institutions For National Amelioration.
- Section VIII.: International Law.
- Section IX.: Political Economy.
- Section X.: Logic and Metaphysics. †
- An Introduction to the Principles of Morals and Legislation.
- Chapter I.: Of the Principle of Utility.
- Chapter II.: Of Principles Adverse to That of Utility.
- Chapter III.: Of the Four * Sanctions Or Sources of Pain and Pleasure.
- Chapter IV.: Value of a Lot of Pleasure Or Pain, How to Be Measured.
- Chapter V.: Pleasures and Pains, Their Kinds.
- Chapter VI.: Of Circumstances Influencing Sensibility.
- Chapter VII.: Of Human Actions In General.
- Chapter VIII.: Of Intentionality.
- Chapter IX.: Of Consciousness.
- Chapter X.: Of Motives.
- Chapter XI.: Of Human Dispositions In General.
- Chapter XII.: Of the Consequences of a Mischievous Act.
- Chapter XIII. *: of Circumstances Influencing the Degree of Alarm.
- Chapter XIV.: Reasons For Considering Certain Actions As Crimes. *
- Chapter XV.: § 1. General View of Cases Unmeet For Punishment.
- Chapter XVI.: Of the Proportion Between Punishments and Offences.
- Chapter XVII.: Of the Properties to Be Given to a Lot of Punishment.
- Chapter XVIII. § 1.: Classes of Offences.
- Chapter XIX.: § 1. Limits Between Private Ethics and the Art of Legislation.
- I. Essay On the Promulgation of Laws
- Essay On the Influence of Time and Place In Matters of Legislation.
- Introduction. *
- Chapter I.: Principles to Be Followed In Trans Planting Laws.
- Chapter II.: Regard to Be Paid to Subsisting Institutions.
- Chapter III.: Rules Respecting the Method of Transplanting Laws.
- Chapter IV.: Laws Appear the Worse For Being Transplanted.
- Chapter V.: Influence of Time.
- A Table of the Springs of Action:
- A Fragment On Government;
- Preface to the First Edition, Published In 1776.
- Historical Preface, Intended For the Second Edition.
- Three Letters On the Fragment On Governmen
- Letter the First. of an Examination Into the Merits of a Critique On Blackstone’s Commentaries, Lately Published Under the Title of a Fragment On Government.
- Letter the Second. of an Examination Into the Merits of a Critique On Blackstone’s Commentaries, Lately Published Under the Title of a Fragment On Government.
- Letter the Third. By John Lind, Esq. Afterwards Barrister At Law, to D., Author of Two Letters * On a Fragment On Government.
- Introduction. *
- Chapter I.: Formation of Government.
- Chapter II.: Forms of Government.
- Chapter III.: The British Constitution.
- Chapter IV.: Right of the Supreme Power to Make Laws.
- Chapter V.: Duty of the Supreme Power to Make Laws.
- Principles of the Civil Code.
- Part I.—: Objects of the Civil Law. *
- Chapter I.: Of Rights and Obligations.
- Chapter II.: Distinct Objects of the Civil Law.
- Chapter III.: Relation Between These Objects.
- Chapter IV.: Of Laws Relative to Subsistence.
- Chapter V.: Of Laws Relative to Abundance.
- Chapter VI.: Propositions of Pathology Upon Which the Advantage of Equality Is Founded.
- Chapter VII.: Of Security.
- Chapter VIII.: Of Property.
- Chapter IX.: Answer to an Objection.
- Chapter X.: Analysis of the Evils Resulting From Attacks Upon Property.
- Chapter XI.: Security and Equality—their Opposition.
- Chapter XII.: Security and Equality—means of Reconciliation.
- Chapter XIII.: Sacrifices of Security to Security.
- Chapter XIV.: Cases Subject to Dispute.
- Chapter XV.: Examples of Attacks Upon Security.
- Chapter XVI.: Of Forced Exchanges.
- Chapter XVII.: Power of the Laws Over Expectation.
- Part II.
- Chapter I.: Of Titles Which Confer a Right to Property. *
- Chapter II.: Another Mode of Acquisition—consent.
- Chapter III.: Another Means of Acquisition—succession.
- Chapter V.: Of Wills.
- Chapter V.: Of Rights Respecting Services—means of Acquiring Them.
- Chapter VI.: Community of Goods—its Inconveniences.
- Chapter VII.: Of Distribution of Loss.
- Part III.: Of the Rights and Obligations Attached to Different Private Conditions.
- Chapter I.: Of Master and Servant.
- Chapter II.: Of Slavery.
- Chapter III.: Of Guardian and Ward.
- Chapter IV.: Of Parent and Child.
- Chapter V.: Of Marriage.
- Appendix.: of the Levelling System. *
- Principles of Penal Law.
- Part I.: Political Remedies For the Evil of Offences.
- Chapter I.: Subject of This Book.
- Chapter II.: Of Direct Methods of Preventing Offences.
- Chapter III.: Of Chronic Offences.
- Chapter IV.: Of Suppressive Remedies For Chronic Offences.
- Chapter V.: Of Martial Law
- Chapter VI.: Of the Nature of Satisfaction.
- Chapter VII.: Reasons Upon Which the Obligation to Make Satisfaction Is Founded.
- Chapter VIII.: Of the Different Kinds of Satisfaction.
- Chapter IX.: Of the Quantity of Satisfaction to Be Granted.
- Chapter X.: Of the Certainty of Satisfaction.
- Chapter XI.: Of Pecuniary Satisfaction.
- Chapter XII.: Of Restitution In Kind.
- Chapter XIII.: Of Attestative Satisfaction.
- Chapter XIV.: Of Honorary Satisfaction.
- Chapter XV.: Remedies For Offences Against Honour.
- Chapter XVI.: Of Vindictive Satisfaction.
- Chapter XVII.: Of Substitutive Satisfaction, Or At the Expense of a Third Party.
- Chapter XVIII.: Of Subsidiary Satisfaction At the Expense of the Public Treasure.
- Part II.—: Rationale of Punishment.
- Book I.: General Principles.
- Chapter I.: Definitions and Distinctions.
- Chapter II.: Classification.
- Chapter III.: Of the Ends of Punishment.
- Chapter IV.: Cases Unmeet For Punishment.
- Chapter V.: Expense of Punishment.
- Chapter VI.: Measure of Punishment.
- Chapter VII.: Of the Properties to Be Given to a Lot of Punishment.
- Chapter VIII.: Of Analogy Between Crimes and Punishments.
- Chapter IX.: Of Retaliation.
- Chapter X.: Of Popularity.
- Book II.: Of Corporal Punishments.
- Chapter I.: Simple Afflictive Punishments. *
- Chapter II.: Of Complex Afflictive Punishments.
- Chapter III.: Of Restrictive Punishments—territorial Confinement.
- Chapter IV.: Imprisonment.
- Chapter V.: Imprisonment—fees.
- Chapter VI.: Imprisonment Examined.
- Chapter VII.: General Scheme of Imprisonment.
- Chapter VIII.: Of Other Species of Territorial Confinement—quasi Imprisonment—relegation—banishment.
- Chapter IX.: Of Simply Restrictive Punishments.
- Chapter X.: Of Active Or Laborious Punishment.
- Chapter XI.: Capital Punishment.
- Chapter XII.: Capital Punishment Examined. *
- Book III.: Of Privative Punishments, Or Forfeitures.
- Chapter I.: Punishment Analyzed.
- Chapter II.: Of the Punishments Belonging to the Moral Sanction.
- Chapter III.: Forfeiture of Reputation.
- Chapter IV.: Of Pecuniary Forfeitures.
- Chapter V.: Forfeiture of Condition.
- Chapter VI.: Forfeiture of the Protection of the Law.
- Book IV.: Of the Proper Seat of Punishment: Or Say, of Mis-seated Punishment.
- Book V.: Of Complex Punishments.
- Chapter I.: Inconveniences of Complex Punishments.
- Chapter II.: Of Transportation.
- Chapter III.: Panopticon Penitentiary.
- Chapter IV.: Felony.
- Chapter V.: Of PrÆmunire.
- Chapter VI.: Outlawry.
- Chapter VII.: Excommunication.
- Book VI.: Miscellaneous Topics.
- Chapter I.: Choice of Punishments—latitude to Be Allowed to the Judges.
- Chapter II.: Of Subsidiary Punishments.
- Chapter III.: Of Surety For Good Conduct.
- Chapter IV.: Defeazance of Punishment.
- Appendix—: On Death-punishment. ∥ Jeremy Bentham to His Fellow-citizens of France.
- Part III.: Of Indirect Means of Preventing Crimes.
- Chapter I.: Methods of Taking Away the Physical Power of Injuring.
- Chapter II.: Another Indirect Method—hinder the Acquisition of Knowledge Which May Be Rendered Injurious. †
- Chapter III.: Of Indirect Means of Preventing the Will to Commit Offences.
- Chapter IV.: Problem I. to Divert the Course of Dangerous Desires, and Direct the Inclination Towards Those Amusements Which Are Most Conformed to the Public Interest.
- Chapter V.: Problem II. to Make Such Arrangements, That a Given Desire May Be Satisfied Without Prejudice, Or With the Least Possible Prejudice.
- Chapter VI.: Problem III. to Avoid Furnishing Encouragement to Crimes.
- Chapter VII.: Problem IV. to Augment the Responsibility of Individuals, In Proportion As They Are More Exposed to Temptation to Do Wrong.
- Chapter VIII.: Problem V. to Diminish Sensibility With Regard to Temptation.
- Chapter IX.: Problem VI. to Strengthen the Impression of Punishments Upon the Imagination.
- Chapter X.: Problem VII. to Facilitate the Discovery of Offences Committed.
- Chapter XI.: Problem VIII. to Prevent Offences, By Giving to Many Persons an Interest In Preventing Them.
- Chapter XII.: Problem IX. to Facilitate the Recognition and the Finding of Individuals.
- Chapter XIII.: Problem X. to Increase the Difficulty of Escape For Delinquents.
- Chapter XIV.: Problem XI. to Diminish Uncertainty With Regard to Procedure and Punishment.
- Chapter XV.: Problem XII. to Prohibit Accessory Offences, In Order to Prevent Their Principals.
- Chapter XVI.: Of the Cultivation of Benevolence.
- Chapter XVII.: Employment of the Motive of Honour, Or of the Popular Sanction.
- Chapter XVIII.: Of the Employment of the Religious Sanction.
- Chapter XIX.: Uses to Be Drawn From the Power of Instruction.
- Chapter XX.: Use to Be Made of the Power of Education.
- Chapter XXI.: General Precautions Against the Abuse of Authority.
- Chapter XXII.: Measures to Be Taken Against the Ill Effects of an Offence Already Committed—conclusion of the Subject.
OF FORCED EXCHANGES.
“According to Xenophon, Astyages once asked of Cyrus an account of his last lesson: There was, said he, in our school a great boy, who, having a little coat, gave it to one of his companions who was of small stature, and took from him his coat, which was larger: our master having made me the judge in this quarrel, I decided that things should be left as they were, and that the one and the other would thus be better accommodated in this respect: upon which he showed me that I had decided wrongly, for I had only considered what was fitting, whilst I ought, in the first place, to have provided for what was just, which would not allow any one to be forced with regard to what belonged to him.” Montaigne’s Essays, Book 1. ch. 24.
Let us see what ought to be thought of this decision. At the first glance it seems that a forced exchange is not contrary to security, provided that an equal value is received. How can I have lost in consequence of the law, if, after it has had its full effect, the mass of my fortune remain the same as before? If one has gained, without another having lost, the operation appears good.
No: it is not. He whom you consider to have lost nothing by the forced exchange, has really experienced a loss. As all things, moveable and immoveable, may have different values to different persons, according to circumstances, every one expects to enjoy the favourable chances which may augment the value of any part of his property. If the house which Peter occupies is of greater value to Paul than to Peter, this would not be a good reason for gratifying Paul, by obliging Peter to give it up to him, for what might be of the same value to him. This would be to deprive Peter of the natural benefit which he might have expected to derive from this circumstance.
But if Paul should say, that for the benefit of peace, he has offered a price above the ordinary value of the house, and that his adversary only refuses from obstinacy; it may be replied to him, This surplus, that you pretend to have offered, is only a supposition on your part: the contrary supposition is just as probable: for if you have offered more than the house is worth, he would have hastened to seize so fortunate a circumstance, which might never recur, and the bargain would have soon been concluded to his satisfaction: if he does not accept it, it is a proof that you have been deceived in the estimation you have made, and that if you take his house from him, upon the conditions you have proposed, his fortune will be injured, if not with reference to what he possesses, at least with reference to what he has a right to require.
No, replies Paul; he knows that my valuation is higher than any he can expect in the ordinary course of things: but he knows my necessity, and he refuses a reasonable offer, in order to derive an abusive advantage from my situation.
The following principle may serve to remove the difficulty between Peter and Paul. Things may be distinguished into two classes: those which have commonly only an intrinsic value, and those which are susceptible of a value in affection. Ordinary houses, a field cultivated in an ordinary manner, a stack of corn or hay, the common productions of manufactures, appear to belong to this first class. To the second may be referred a pleasure-garden, a library, statues, pictures, collections of natural history. As to objects of this kind, the exchange ought never to be forced: it is not possible to appreciate the value that the feeling of affection may give them. But objects of the first class may be subjected to forced exchanges, if this be the only method of preventing great losses. I possess an estate of considerable value, to which I can only go by a road which borders on a river. The river overflows and destroys the road: my neighbour obstinately refuses me a passage over a strip of land which is not worth one hundredth part of my estate: ought I to lose all my benefit, from the caprice or the enmity of an unreasonable man?
But to prevent the abuse of so delicate a principle, it would be proper to lay down strict rules. I say, then, that exchanges may be forced, in order to prevent great loss; as in the case of land rendered inaccessible, unless a passage is taken across that of a neighbour.
It is in England that all the scruples of the legislator in this respect should be observed, in order to understand all the respect which ought to be borne to property. Is a new road to be opened? In the first place, an act of parliament is necessary, and all the parties interested are heard: afterwards the assignment of an equitable indemnity only to the proprietors is not considered sufficient; but with regard to objects which may possess a value in affection, such as houses and gardens, they are protected against the law itself by being recognised as exceptions.
These operations may also be justified, when the obstinacy of an individual, or a small number of persons, is manifestly injurious to the advantage of a great number. It is thus that the inclosure of commons in England is not stopped by certain oppositions, and that, for the convenience and salubrity of towns, the sale of houses is often forced by law.
The question discussed here relates only to forced exchanges, and not to forcible removals; for a removal which should not be an exchange—a removal without an equivalent, were it even for the profit of the state, would be a pure injustice, an act of power devoid of the softening necessary to reconcile it with the principle of utility.