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Subject Area: Political Theory
Subject Area: Law

From Bentham’s Memoranda, 1824. - 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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From Bentham’s Memoranda, 1824.

“He who has the power of punishment has the power of reward; and he who has the power of reward has the power of punishment; for by either, the other may be procured. Only by reward the power of punishment cannot be obtained any further than by substracting the matter of reward.

“Hence the tyranny of the rich over the poor, exists, in a certain degree, even in the most perfect democracy, ex gr. in U. States.

“But equality, in respect of legal power, keeps this tyranny within comparatively narrow bounds.

“Reputation being an instrument by which power is obtained, reputation is capable of being added, as above, to the instruments of tyranny.”

“Felony,—a word invented at the command of tyranny, by the genius of nonsense.”

“Defamation,—For imputation of motives there should be no responsibility, punitional or compensational. It would destroy the power of the public-opinion tribunal. Motives are not ascertainable but by circumstantial evidence. Direct denial by the party to whom unapproved motives are attributed, has no properly-probative force: a guilty man will utter it, of course.”

“The pleasure of deciding without the trouble of examining, is to everybody’s taste.”

“Every abuse receives support from every other abuse.”

In 1825, the Rationale of Reward was published in English. It was fundamentally a translation from Dumont’s French edition, with some additions from the author’s MSS. The Rationale of Punishment was, some years later, (1830,) edited in English by the same gentleman.* An English translation of the Sophismes Politiques has already been mentioned; and, in 1825, there also appeared a translation of Dumont’s abridged version of the Rationale of Evidence. Thus, four of Bentham’s most important works were in the anomalous position of becoming known to his countrymen through translations from a foreign tongue.

[*] Mr Richard Smith, of the Stamps and Taxes. He likewise prepared for the press, from the original MSS., the following works, published in the collected edition:—“On the Promulgation of Laws.”—“On the Influence of Time and Place in Matters of Legislation.”—“Principles of the Civil Code.”—“Principles of Penal Law.”—“Political Tactics.”—“Anarchical Fallacies.”—“Principles of International Law.”—“Manual of Political Economy.”—“Annuity-Note Plan.”—“Nomography.”—“Pannomial Fragments.”—“Logical Arrangements.”—And “Introduction to the Rationale of Evidence.”