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Subject Area: Political Theory
Subject Area: Law

Digest of the Law premature before Locke and Helvetius. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 10 (Memoirs Part I and Correspondence) [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. 10.

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

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Digest of the Law premature before Locke and Helvetius.

“A digest of the Laws is a work that could not have been executed with advantage before Locke and Helvetius had written: the first establishing a test of perspicuity for ideas; the latter establishing a standard of rectitude for actions. The idea annexed to a word is a perspicuous one, when the simple ideas included under it are assignable. This is what we owe to Locke. A sort of action is a right one, when the tendency of it is to augment the mass of happiness in the community. This is what we are indebted for to Helvetius.

“The matter of the Law is to be governed by Helvetius. For the form and expression of it we must resort to Locke.

“From Locke it must receive the ruling principles of its form—from Helvetius of its matter.

“By the principles laid down by Locke it must be governed, inasmuch as it is a discourse; by those of Helvetius, inasmuch as it is a discourse from authority, predicting punishment for some modes of conduct, and reward for others.”