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Subject Area: Law

George Wilson to Bentham. - 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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George Wilson to Bentham.

“My Dear Bentham,—

It has been for many years a subject of great regret to me that you have been spending your time upon subjects on which many people are able to write sufficiently well, while there are so many other subjects of great importance, to which nobody else, that I know of, is at all competent.

“I think all our quarrels, and the constant and intemperate opposition which I have given to your late attempts at publication, are owing to this sole cause. I am led to these reflections by having accidently looked this morning into your Introduction to your Penal Code. It grieves me to think that so much excellent matter should be either lost or forestalled—you are not likely at present to complete that Code; but is it impossible to publish the Introduction by itself? It is not unusual to publish part of a book; and why not this part, which, though called an Introduction, contains a system of morals and general jurisprudence infinitely superior to any extant? I am convinced it would raise your reputation more than anything you have yet published; and that reputation, besides being a gratification in itself, will add greatly to the weight of whatever you may write hereafter on temporary subjects. It can be done without expense, or rather, it is the only way to recover an expense already incurred. I will therefore propose to you three things—1st. To finish the Introduction; 2d. To finish the chapter on the Division of Offences, which in my copy ends at 9—12; 3d. To publish the fifteen chapters ending with [Properties] which contain 200 pages, and would make a reasonable volume. The last proposal would give you no other trouble than writing an advertisement to account for the appearance of part of a work. You may say that other pursuits have prevented, and are likely for some time to prevent your completing it, and therefore you publish this part which is sufficiently detached, and was printed off some years ago.

“I think the best way will be to publish whatever is finished, but not to begin to write anything new; that you can do afterwards if the subject and the success please you. I hinted at the danger of your being forestalled,—by which I do not only mean that other people, by the progress of reason, may make the same discoveries,—you know there are stray copies of your Introduction abroad, particularly that you gave to Lord Ashburton; others, which are now in safe hands, may, by death, get into those which are not safe. I have often been tempted to think that Paley had either seen your Introduction, or conversed with somebody that was intimate with you. There are many things in his book so like you, and so out of the common road, that they cannot be the production of the same person who wrote other things in the same book which are really puerile.*

“Did not you send to Dunning more than I have, and also the titles of the remaining chapters?—if so, publish to the end of the last complete chapter already printed, and add those titles, if you have a copy of them; this will avoid the unpleasant task of requiring to write on a subject which is not at present interesting to you, and which, if you were to begin it, might lead you further than I wish at present. I have really this matter very much at heart, and shall be much mortified if you don’t consent.”

Romilly writes on 3d December—

[* ] Compare Ch. xii. of Bentham’s Principles of Morals and Legislation (works, vol. i. p. 69) with Paley’s Moral and Political Philosophy, book ii. Ch. 6 and Ch. 8.