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Subject Area: Political Theory
Subject Area: Law

Notes in Bentham’s Memorandum-Book. 1820. - 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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Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


Notes in Bentham’s Memorandum-Book. 1820.

“Constitutional Law.—The pretence is, constitution semper eadem. The truth is, that, till arrived at U. S. representative democracy, it is continually upon the change, except under pure despotism. Every attempt to meliorate it is sure to produce new coercion here, and measures by which it is rendered less and less popular.”

“Communicate not to a friend, if permanently distant, vexations of yours unrelievable by him.”

“In the ethics of a monarch, there is but one virtue; obsequiousness to his will: there is but one vice; resistance to it.”

“Rules for repression of Anger.—When cool, satisfy yourself completely of the usefulness of these rules. Being thoroughly lodged in your memory,—when any incidental provocation happens, to excite to anger, the recollection of these rules may serve to suppress it.

“To avoid giving useless offence on the occasion of anything you are about to do, or to say, in relation to any individual, think, in the first place, in what manner, if said or done in relation to yourself, it would affect yourself: if to yourself it would be a matter of indifference, think then, whether, between your situation and his, there may not be some difference, the effect of which would be to render painful to him what would not be so to you.”

“Of mathematics, the chief use is the habituating the mind to pay attention to the subject of proportions; and that in ethics as well as physics. For example. in ethics utility depends altogether on proportions; which ipse-dix-itism, in the shape of sentimentalism, and all other shapes, neglects.”

“Liberty of the Press—Defamation.—The suppression of all true statements is an encouragement to, and almost a justification of lying ones.”

“Pretended suppressors of vice,—the weakness of whose faith is proclaimed by the strenuousness of their exertions to suppress all arguments against it.”

“While the Government punish lies that make against them, they have full impunity for lies that make for them.”

“Despotism punishes the vices which itself engenders: it creates the crime, and inflicts the penalty.”

“Under libel law, whatever is done for the safety, for the liberty, for the morality of the people, depends for its efficacy on the weakness of the law.”

“Curbing the irascible appetite as good a subject of exercise and boasting, as extraordinary walking, running, donkey-racing, chess-playing, &c.”

“In the East, the religion of Mahomet was propagated by the sword of war. In England, the religion of Jesus is upheld by the sword of judicature, calling itself the sword of justice. To say that this support is necessary to its existence, is to contradict experience—the most notorious experience. For, in the Anglo-American United States it has no such support. Yet, in those States, the belief has place, with exceptions, to a much less extent than in England.”

“Fallacies,—to be added.—The notmuch cause, therefore no-cause—argument.

“No preventing the past, therefore no preventing the future—argument.”

“Penal Code.—Offences against reputation. At suit of relatives, query, whether to give satisfaction, lucrative or vindictive, for offences against reputation of deceased relatives? If yes, only vindictive, and that not unless with criminal consciousness, not for rashness. Query, within what degree of relationship must be the plaintiff?”

“Constitutional Law.—Proof of the superior probity of the lower orders, the smallness of the proportion of crimes to numbers, considering that, by taxes and lawyers, they are divested of security for person, property, reputation, and condition of life against another’s transgressions.”

“For negativing a pleasure, the best mode is indicating a better. The direct negation imparts disapprobation, and imposes pain of humiliation.”

“When anything is wished for at your hands, withhold it not on the score of any apparent unreasonableness, unless the unreasonableness be of such a nature as to produce evil to yourself or others.”

“Evitanda.—All discourse tending to give uneasiness to others without benefit to self or others. Example—Indication of imperfections of an irremediable nature, as bodily defects, mental defects, in so far as incorrigible, ex gr. stupidity, dulness of apprehension.

“In so far as indication is given of remediable imperfections, it should be in such manner that it may be seen that the motive is the benefiting the other party,—not enjoying at his expense the pleasures of power and vanity. For this purpose, let it be in the presence of no other person that the indication is given; for if in the presence of others, the greater the number the greater the pain of humiliation, which, besides the irritation it may produce,—irritation from which you may yourself be a sufferer, it is so much pain produced in waste.”

“God is made by man after his own image: What is good by the beneficent; what is evil by the maleficent.”

“In all governments, democracy excepted, reason is never employed by rulers as a guide to will, but always as a slave. Will being always determined by the personal interests of rulers,—by the universal interest never.”

“Rich, why less moral than the poor?

“1. The richer, the more independent of good behaviour.—2. The richer, the fewer with whom he sympathizes.

“The property of the rich is in no danger from the poor: the property of the poor is not only in danger from the rich, but constantly encroached on by them and lessened.

“The small property of the poor is, every particle of it, necessary to their subsistence; it is, therefore, more carefully watched and guarded: the richer a man is, the more careless, the better he can afford to see defalcations made from it.

“But the property of the poor is of no value in the eyes of the rich: hence they conclude it to be of little value in the eyes of its possessors.”

“If the affections of him with whom you are about to commence a conversation be matter of indifference to you, all topics are open to you: if it be an object with you to gain or keep his affections, choose that topic, whatever it be, that is most agreeable to him. At any rate, you may avoid every topic which you know, or suspect, to be disagreeable to him.

“So as to hearing and making others hear: matter of prudence as to the proportion of time for making display, and hearing the companion’s display.

“Kind words cost no more than unkind ones. Kind words produce kind actions, not only on the part of him to whom they are addressed, but on the part of him by whom they are addressed,—understand, not incidentally only, but habitually, in virtue of the principle of association.”

The MSS. of the Political Fallacies were for some time in Mr J. C. Hobhouse’s hands, who had expressed a wish to be the editor of them. His purpose, however, was not accomplished.

As an example of masterly analysis—the condensation of a volume into a page—I give here Bentham’s Headings of the Book of Fallacies as originally proposed by him. It differs considerably from the Table of Contents, as afterwards printed.