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Subject Area: Political Theory
Subject Area: Law

Reasons alleged contra with Answers. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 11 (Memoirs of Bentham Part II and Analytical Index) [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. 11.

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.


Reasonsalleged contra withAnswers.

  • I.Pleasantness of the Spot.Answers,
    • 1. See this in the list of reasons pro No. V. N. B. Pleasantness inseparable from the conjunction of Elevation with Vicinity to the River,—thence from Healthfulness.
    • 2. This no objection, any farther than as inducing a suspicion of a tendency to seek the gratification of private taste to the prejudice of the public service: a prejudice which here can not accrue.
  • II.Repugnance on the part of Proprietors.Answers,
    • 1. The very existence of opposition is sufficient to demonstrate a certain degree of repugnance.—Reasons for not presuming any greater:
      • 1. A great part (perhaps half) of the elevation leased out and carried away,—therefore little attachment to the elevation.
      • 2. Seventeen acres of the wood contiguous to the elevation, lately leased out and grubbed up,—therefore little attachment to the wood.
      • 3. The whole left exposed to the inroads of men and cattle. Fences, either wanting, or originally inefficient, and those run to ruin. Parts, an habitual bog for the populace, neighbouring and itinerant,—therefore little regard for the general appearance of the place. N. B. The ground in front of the Mansion (a mile off) neatly kept.
      • 2. The repugnance confined to one proprietor—impossible to have less anywhere: scarce possible not to have many times as much. At the place last before proposed, one unwilling consenter: 28 co-proprietors who might, any or all of them, have been repugnants,—besides Lessees, who certainly would.
      N. B. The Acts have declared the only cases in which the plea of repugnance ought to be admitted.—This not in the number.—This wood not “planted,” (§ 10,) but grubbing up.
  • III.Offers to Purchase Refused.Answer,
    • 1. Power to accept wanting. Estate in strict settlement.
    • 2. The refusal, if voluntary, no evidence of particular repugnance, derived from attachment to the spot. Aversion to dismemberment, a general concomitant to great landed opulence.
    Conclusion. A fit site, obtainable for such a purpose, without a dissentient voice, is the site of the Golden Tree and the Singing Water: and after a three years’ consideration, I beg to be excused from searching for it.—J. B.”

Among the parties whom Bentham had occasion to consult was the Bishop of Rochester. From him Bentham sought an audience. I find his answer: “The Bishop of Rochester declines the honour of Mr Bentham’s visits.”—not a word more.

Wilberforce writes: