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PART I.: SECURITIES IN FAVOUR OF THE NATION CONSIDERED IN THE AGGREGATE. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 8 (Chrestomathia, Essays on Logic and Grammar, Tracts on Poor Laws, Tracts on Spanish Affairs) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). In 11 vols. Volume 8.

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

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


PART I.

SECURITIES IN FAVOUR OF THE NATION CONSIDERED IN THE AGGREGATE.

Section I.

Securities against Vexation on Account of Religion.

Art. 1. Provided that it be in a chamber enclosed and covered, and that the eyes of the true believer be not annoyed by public ceremonies or processions, with religion for their cause or pretext, or his ears by the sound of bells or other noises: provided also, that by no religion shall any justifying cause be made for causing suffering in any shape to any individual in respect of person, property, reputation, or condition in life:—Every person is at liberty to perform divine service after his own manner. For this purpose any persons without exception may assemble together in private or in public.

Art. 2. Every person is at liberty to write and publish whatever he pleases on the subject of religion, even although the truth and the goodness of the only true religion be impugned thereby: by the true believer, that which is adverse to the only true religion, will either not be read at all, or read with the merited contempt.

Counter-Security. Provided that no writing or imitative figure, containing matter thus odious to the only true religion, be exposed anywhere to view in such manner as to be offensive to the eye of the true believer as he passes. For any such exposure, any person is responsible to the purposes of punishment.

Art. 3. Every person is at liberty to speak what he pleases on the subject of religion, even although the truth or the goodness of the only true religion be impugned thereby: by the true believer, that which is adverse to the only true religion will either not be heard at all, or heard with the merited contempt.

Counter-Security. Provided that no discourse whereby either the truth or the goodness of the only true religion is impeached, be uttered in any public place in such manner as to be offensive to the ear of the true believer as he passes: or in the presence and to the displeasure of any true believer in any private place. The utterance of any such discourse in the hearing of a true believer is an injury to him, and as such may be punished according to law.

Section II.

Securities against National Gagging: or security for Appeal to Public Opinion and the Power of the Law, on the subject of the conduct of all persons whatsoever, functionaries as well as non-functionaries.

Art. 1. Every man is at liberty to express as well by visible as by audible signs, and in any way and to any extent to make public, whatsoever in his judgment it will be contributory to the greatest happiness of the greatest number to be informed of: and this although disapprobation be thereby expressed towards persons in authority, or any of them, whether on account of the general tenor of their conduct, or on account of their conduct on this or that occasion in particular.

Counter-Security. Provided always, that for any injury thereby done to the reputation of any individual by false imputations, every person concerned in the doing of such injury is responsible to the purpose of reparation and punishment at the suit and for the benefit of any individual or individuals injured: and that, for anything which being so expressed, has for its object the exciting men to the commission of this or that particular offence, any man shall be responsible as above, according to the nature of such offence.

Art. 2. If, on account of any indication given of supposed delinquency in any shape on the part of any person, non-functionary or functionary, a party be proceeded against at law as for injury to reputation, proof of the delinquency so indicated shall be received as a cause of justification; and for the making of such proof, the testimony of that same individual on whom the delinquency is charged, may be extracted in the same manner as that of any other person.

Art. 3. All persons are at liberty at all times and in any number, to hold converse with one another on all subjects in general, and on the subject of the conduct of persons in authority in particular: and on the means of rectifying whatever may be amiss either in the conduct of rulers or in the form of the government, to hold converse, namely, as well in the way of correspondence at a distance, as in presence: and if at a distance, and thence through the intervention of others, as well by written as by oral discourse.

Counter-Security. Provided always, that if for the prevention of evil to person or property, it shall at any time be thought good by the proper authority, for limited time, to prevent or inhibit persons at large from coming together in numbers greater than are capable of hearing from beginning to end, the discourse of the same speaker at the same time,—especially in the night-time, and with arms about their persons: in any such case, that which shall be so done to this purpose, shall not be considered as done in breach of this article.

Art. 4. Every act having for its object the production of the effect thus denounced, under the term National Gagging, is placed as above in the list of injurious acts. Every person who has knowingly any part in the production of it is accordingly punishable by the obligation of making reparation, with or without punishment in another shape, according to the shape in which the injurious act has shown itself.

The right of which the offence thus denominated is the infringement, is the right of exercising influence in the choice of the whole number of those members of the community by whom a public function in any shape is exercised, and of declaring an opinion on their conduct, as well as that of every other individual in whose good conduct all members without exception have an interest; the right of censorship, including the right of receiving and writing communication relating to the information which, to be just, the exercise of this function requires a man to be possessed of: in short, the possessing on each occasion in a manner sufficiently correct and extensive, the proper grounds of censorship.

Right Recognised. Giving expression and publicity to all facts and observations which, in the judgment of the individual in question, promises to be contributory to the greatest happiness of the greatest number: whether the tendency of the correspondent information be to raise or depress this or that person in the scale of public estimation.

Correspondent acts of power prohibited, as being violations of these rights, and thereby put upon the footing of punishable offences—punishable in the same manner as they would be if exercised by persons not invested with any such power.

1. Punishing, or endeavouring to contribute to the punishing of, any person for having given utterance to any discourse to the effect in question, expressed by audible signs.

2. Punishing any person for giving expression to such discourse by visible signs: that is to say, in characters written or printed.

3. Punishing any person for transferring to another for a time, or in perpetuity, either gratis or for a price, any paper in which such signs stand visible.

4. Seizing, detaining, destroying, or damaging any paper or other substance, on which signs expressive of the sort of discourse in question are marked. Issuing or contributing to the issuing of any order for such seizure, detention, destruction, or deterioration—giving or contributing to give execution to such order.

5. Obstructing by force, intimidation, or deceit, the meeting of persons in any number, in any place in which they have individually any right to station themselves,—obstructing them while in the act of making communication of such their observations, and the opinions and wishes suggested by them. In a case where physical force is thus employed, the act of applying it is a corporal injury: where the same effect is attempted to be produced by deceit, it is a fraud.

6. Seizing the body of any person so occupied, thereby infringing his liberty of locomotion. Corresponding offence—injurious confinement.

7. Seizing any paper, writing, printed book, or other visible instrument of discourse, having for its object the making two or more persons assemble for any such purpose as above. Corresponding offence—violation of private writings—of visible instruments of communication between man and man.

8. Consequences in respect of eventual acts of corporal injuriation, (homicide included,) in prosecution of the above forbidden designs:—

Art. 5. In case of any bodily contest between persons occupied in the exercise of any of the above rights, and other persons, functionaries or non-functionaries, occupied in the endeavour to give disturbance to such exercise, any wound or other suffering unavoidably produced by the exercisers or any supporters of theirs in the way of self-defence, is lawful and unpunishable: but if produced by the disturbers on the persons of the exercisers, unlawful and punishable: punishable in the same manner and degree as if no such pretence had been set up.

Art. 6. On the occasion of any such contest, all persons are warranted in giving assistance to the exercisers: no person is warranted in giving assistance to the obstructors.

Art. 7. So in regard to damage done to property in any such bodily contest: damage unavoidably done by the exercisers or their assistants to property of the obstructors is lawful and unpunishable: damage done by the obstructors or their assistants is unlawful and punishable.

Section III.

Securities against National Disarmament and Debilitation.

Art. 1. All persons are at liberty to keep arms of all sorts, to wit, either in their own habitations or elsewhere, at their choice: also to exercise themselves, and cause themselves to be trained, in the use of arms, whether it be separately or in any numbers.

Art. 2. Also, singly or in companies of any number, to carry arms about them for their own defence.

Counter Security. Provided always that if for guarding against temporary oppression of the greater number by sudden insurrection of the smaller number under favour of surprise, it shall at any time be thought good for the proper authority to inhibit such assemblies from having place otherwise than after due notice, neither shall any such inhibition, nor any necessary measures taken for giving effect to it, be considered as amounting to a breach of this article.

So if to prevent slaughter, spoliation, or oppression of individuals by individuals, it shall seem good to the proper authority to prohibit the carrying of offensive arms in this or that particular place, or by this or that particular person or set of persons, or on this or that particular occasion, or during this or that particular time; or to prohibit all persons from carrying any offensive arms in a concealed manner at any time.

Otherwise than as above, every act having for its object the production of the effect of national disarmament and debilitation, is placed in the catalogue of injurious acts.

The rights of which, the offence thus denominated is a violation, are:—

1. The right of putting and keeping one’s self in a state of aptitude, in the character of a member of the armed force of the community.

2. The right of exercising one’s self, and being exercised in the use of arms.

Correspondent acts of power prohibited, rendered unlawful, and as such punishable as being acts of violation with reference to the above rights: punishable as if exercised by persons not invested with power.

1. Punishing any person for having been occupied in training himself, or being so trained, or in training any other person.

2. Punishing any person for repairing, for the purpose of being trained, to any place in which for any other purpose he had a right to station himself.

3. Punishing any person for giving invitation to others in any shape, either oral or graphical, to engage in any such exercise, or to meet others for the purpose of such exercise.

4. Obstructing, or endeavouring to obstruct, by force, intimidation, or deceit, the meeting of persons in any number for this purpose.

5. Obstructing them as above in the commencement, or continuance, of the set of operations here in question.