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Jeremy Bentham
- Close sectionSupreme Operative
- §1. Reasons all-comprehensive for not locating the supreme operative power, or any portion of it, in the hands of a Monarch. Case I. The Monarch absolute: appropriate aptitude would thereby be minimized. Cause of inaptitude in the aggregate
- §2. Objects of general desire: external instruments of felicity etc. what
- §3. Cause of Monarch's moral inaptitude, his sinister interest. His right and proper interest is overpowered by his sinister interest
- §4. Monarch's moral inaptitude continued. Sinisterity of his interest as applied to the several specific ends of government
- §5. By locating supreme operative power in Monarch's hands, the inaptitude opposite to moral aptitude would be maximized
- §6. Anti-social affections towards the people the result of Monarch's sinister interest
- §7. So, inaptitude opposite to intellectual aptitude
- §8. How far in a Monarchy misrule has for its cause moral, how far intellectual, inaptitude
- §9. Which inaptitude most adverse to universal interest?
- §10. By their relation to the Monarch, correspondent moral inaptitude is fixt in the breasts of all his subordinates, i.e. Ministers and favorites
- §11. Monarch's incorporeal instruments: 1. Force: 2. Intimidation: 3. Corruptive influence: 4. Delusive influence
- §12. In support of Monarchy, non-existence of all reasons drawn from the greatest happiness principle. Irrelevancy or senselessness of all arguments on that side
- §13. Case II. The Monarch limited: the Monarchy limited or mixt. In a limited Monarch, moral inaptitude is still more flagrant than in an absolute Monarch
- §14. Effects of the conjunction of sinister interest between the Monarch and the Aristocracy subordinate to him
- §15. Case III. The Government an Aristocracy. In this case, the features of inaptitude being in the main the same as in the case of a Monarchy, secure the same result
- §16. Effects of the conjunction of sinister interest between the Monarch and a Legislative body, superordinate, co-ordinate or subordinate in relation to him
- §17. Corruption may be made compleat by institution without need of individual acts of corruption
- §18. Sinister sacrifice, when consummate
- §19. Arguments in favour of a Mixt Monarchy—their irrelevancy and nullity
- §20 . Case IV. Government a Representative Democracy. In this case, appropriate aptitude is in all its branches consummate
- §21 . General conclusion. In every Government but a Democracy, men are governed by their enemies, and those everlastingly implacable ones. Consequent Evils, all those producible by the consummation of inaptitude
- §22 . Monarchy continuing, the most perfect Representative system is inadequate to the prevention of misrule
- §23 . Concluding Aphorisms
- SUPPLEMENT TO SUPREME OPERATIVE
Philip Schofield (ed.), The Collected Works of Jeremy Bentham: First Principles Preparatory to Constitutional Code
Contents
- Close section Front Matter
- Close sectionEconomy as Applied to Office
- Close sectionECONOMY AS APPLIED TO OFFICE
- Close sectionPART I. SECURITIES FOR MORAL APTITUDE
- CHAPTER 2. APPROPRIATE MORAL APTITUDE. EXPOSITORY MATTER
- CHAPTER 3. APPROPRIATE MORAL APTITUDE ON THE PART OF FUNCTIONARIES. EFFICIENT CAUSES OF IT—SECURITIES, OR MEANS OF SECURITY, FOR ITS EXISTENCE
- CHAPTER 4. FIRST SECURITY FOR THE EXISTENCE OF APPROPRIATE MORAL APTITUDE IN THE BREAST OF A PUBLIC FUNCTIONARY IN THE HIGHEST AND OTHER GRADES—REDUCING TO ITS LOWEST DIMENSIONS THE QUANTITY OF POWER IN HIS HANDS. SAY, MINIMIZATION OF POWER: VIZ. IN ALL GRADES, BUT MORE ESPECIALLY THE HIGHEST
- CHAPTER 5. SECOND SECURITY FOR MORAL APTITUDE ON THE PART OF THE OPERATIVE FUNCTIONARIES OF THE HIGHEST GRADE—MONEY AT THEIR DISPOSAL MINIMIZED
- CHAPTER 6. MINIMIZING FACTITIOUS REMUNERATION: THE QUANTITY OF MONEY AND MONEY'S WORTH APPLIED IN REMUNERATION OF THE SERVICES OF PUBLIC FUNCTIONARIES, POSSESSORS OF THE SUPREME OPERATIVE POWER AND THEIR SUBORDINATES
- CHAPTER 7. SECURITY THE [FOURTH]. EXCLUSION OF FACTITIOUS DIGNITY
- CHAPTER 8. FIFTH SECURITY FOR APPROPRIATE MORAL APTITUDE ON THE PART OF RULING FUNCTIONARIES—LEGAL RESPONSIBILITY
- CHAPTER 9. MAXIMIZING MORAL RESPONSIBILITY— I.E. SUBJECTION TO REPROACH AT THE HANDS OF THE PUBLIC OPINION TRIBUNAL, BY WHICH THE POWER OF THE MORAL OR POPULAR SANCTION IS APPLIED AS A COUNTERFORCE TO THE LEGAL POWER OF THE STATE
- Close sectionPART II. SECURITIES FOR INTELLECTUAL APTITUDE
- Close sectionPART III. SECURITIES FOR ACTIVE APTITUDE
- Close sectionAPPENDIX. Indication of certain False or Erroneously supposed Securities for appropriate aptitude in relation to divers Official Situations
- CHAPTER 13. EXCLUSIONS USUALLY PUT UPON CERTAIN CLASSES EXCLUDING THEM FROM PARTICIPATION IN THE EXERCISE OF THE SUPREME CONSTITUTIVE POWER BY RIGHT OF SUFFRAGE
- CHAPTER 14. FALSE SECURITY FOR APPROPRIATE APTITUDE, MORAL, INTELLECTUAL OR ACTIVE. DIVISION OF THE SUPREME OPERATIVE POWER INTO TWO OR MORE BODIES
- CHAPTER 15. DISPOSITION OF THE WHOLE MASS OF SUPREME POWER ACCORDING TO DIVERS PHANTASTIC THEORIES
- SUPPLEMENT TO ECONOMY AS APPLIED TO OFFICE
- Securities—Rationale
- Legislature fractionized—Rational
- Fractionization of Power—Rationale
- Maximizing responsibility—Rationale
- Close sectionIdentification of Interests
- §1. Identification of individual with universal interest in the breasts of functionaries: and in particular in the possessors of the Supreme Constitutive power. In what it consists
- §2. Necessity of this identification to greatest happiness
- §3. Opposition of rulers' to subjects' interest, trustees' to principals' interest—its detrimental consequences with relation to greatest happiness
- §4. Modes of inaptitude on the part of rulers, in so far as such oppositeness has place
- §5. In case of extensive oppositeness, sole remedy against misrule, change of form of government: change of functionaries, useless
- §6. Exemplifications of corruption having the form of the government for its causes
- §7. Different ways in which this security applies to the situation of supreme constitutive and that of supreme operative functionaries
- §8. Identification, how effected
- §9. Means of identification. Non-reeligibility of supreme operatives
- §10. Objection: deficiency in respect of intellectual aptitude
- §11. Objection: on the part of the people, time for appropriate intellectual aptitude deficient
- Close sectionSupreme Operative
- §1. Reasons all-comprehensive for not locating the supreme operative power, or any portion of it, in the hands of a Monarch. Case I. The Monarch absolute: appropriate aptitude would thereby be minimized. Cause of inaptitude in the aggregate
- §2. Objects of general desire: external instruments of felicity etc. what
- §3. Cause of Monarch's moral inaptitude, his sinister interest. His right and proper interest is overpowered by his sinister interest
- §4. Monarch's moral inaptitude continued. Sinisterity of his interest as applied to the several specific ends of government
- §5. By locating supreme operative power in Monarch's hands, the inaptitude opposite to moral aptitude would be maximized
- §6. Anti-social affections towards the people the result of Monarch's sinister interest
- §7. So, inaptitude opposite to intellectual aptitude
- §8. How far in a Monarchy misrule has for its cause moral, how far intellectual, inaptitude
- §9. Which inaptitude most adverse to universal interest?
- §10. By their relation to the Monarch, correspondent moral inaptitude is fixt in the breasts of all his subordinates, i.e. Ministers and favorites
- §11. Monarch's incorporeal instruments: 1. Force: 2. Intimidation: 3. Corruptive influence: 4. Delusive influence
- §12. In support of Monarchy, non-existence of all reasons drawn from the greatest happiness principle. Irrelevancy or senselessness of all arguments on that side
- §13. Case II. The Monarch limited: the Monarchy limited or mixt. In a limited Monarch, moral inaptitude is still more flagrant than in an absolute Monarch
- §14. Effects of the conjunction of sinister interest between the Monarch and the Aristocracy subordinate to him
- §15. Case III. The Government an Aristocracy. In this case, the features of inaptitude being in the main the same as in the case of a Monarchy, secure the same result
- §16. Effects of the conjunction of sinister interest between the Monarch and a Legislative body, superordinate, co-ordinate or subordinate in relation to him
- §17. Corruption may be made compleat by institution without need of individual acts of corruption
- §18. Sinister sacrifice, when consummate
- §19. Arguments in favour of a Mixt Monarchy—their irrelevancy and nullity
- §20 . Case IV. Government a Representative Democracy. In this case, appropriate aptitude is in all its branches consummate
- §21 . General conclusion. In every Government but a Democracy, men are governed by their enemies, and those everlastingly implacable ones. Consequent Evils, all those producible by the consummation of inaptitude
- §22 . Monarchy continuing, the most perfect Representative system is inadequate to the prevention of misrule
- §23 . Concluding Aphorisms
- SUPPLEMENT TO SUPREME OPERATIVE
- Close sectionConstitutional Code Rationale
- Close sectionCHAPTER 1 . FIRST PRINCIPLES INDICATIVE OF THE FOUNDATION OF THIS PROPOSED CONSTITUTIONAL CODE
- CHAPTER 2. THE JUNCTION OF INTERESTS, HOW EFFECTED: OR SINISTER INTERESTS, HOW OVERPOWERED
- Close sectionCHAPTER 3. OF RULE—ITS NATURE—PRIMARY MODIFICATIONS, THEIR RESPECTIVE ENDS IN VIEW- SUBJECT MATTERS—INCORPOREAL INSTRUMENTS, CORPOREAL INSTRUMENTS—AND EXPENCE
- §1. Rule in general—its general nature and primary modifications
- §2. Good Rule and Misrule—their primary Operations
- §3. Subject matters of operation and distribution
- §4. Incorporeal instruments of Good and Bad Rule
- §5. Corruption
- §6. Of Delusion—the second of the instruments considered as employed by Misrule: and peculiar to Misrule as compared with Good rule
- §7. Of Fictions: viz. of falshoods of the privileged kind employed by lawyers
- Close sectionCHAPTER 4. SECURITIES AGAINST MISRULE INDICATED
- Close sectionCHAPTER 5. FOURTH SECURITY FOR APPROPRIATE MORAL APTITUDE IN OFFICIAL SITUATIONS, IN PARTICULAR THE ALL-COMMANDING ONES, THE COUNTERFORCE APPLIED TO THE FORCE OF SINISTER INTEREST IN THOSE SAME SITUATIONS, VIZ. MORAL RESPONSIBILITY. FIFTH SECURITY, AS ABOVE, LEGAL RESPONSIBILITY
- Close sectionCHAPTER 6. FACTITIOUS HONOR EXCLUDED
- §1. Its general nature and principal modifications
- §2. Its mode of operation
- §3. Why as a testimony of meritorious service it is essentially unapt and fallacious
- §4. What matters of fact it probabilizes
- §5. Government arrangements best adapted to the production [of] all such beneficial effects as are sought to be produced by factitious dignity. Honor by notification of meritorious service
- §6. Factitious honor in general—Evils produced by it—when, as usual, arbitrarily conferred
- §7. Factitious honor in an extravasated state: mischievous effects peculiar to it
- §8. Inducements and means for counteracting the corruptive influence of factitious honor in all its several shapes
- CHAPTER 7. NO POWER OF GOVERNMENT OUGHT TO BE EMPLOYED IN THE ENDEAVOUR TO ESTABLISH ANY SYSTEM OR ARTICLE OF BELIEF ON THE SUBJECT OF RELIGION
- Close section End Matter