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Jeremy Bentham
- 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
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
