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FROM-THElBHTORyOF

TRINITYCOLLEGETORDNTO

Presented

by

The

Reverend

Oswald

Rigby,M.

A.

,

LL

D.

Sometime Professor

of

History

in

Trinity

College

A.D.

1913.


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BENTHAM

ON

GOVERNMENT

MONTAGUE


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HENRY

FROWDE

OXFORD

UNIVERSITY

PRESS

WAREHOUSE

AMEN

CORNER,

E.G.


7/272

A

FRAGMENT

ON

GOVERNMENT

BY

JEREMY

BENTHAM

WITH

AN

INTRODUCTION

BY

F.

C.

MONTAGUE,

M.A.

LATE

FELLOW OF ORIEL

COLLEGE

AT THE

CLARENDON PRESS

1891

[All rights

reserved,

~\


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B

PRINTED

AT

THE

CLARENDON

PRESS

BY

HORACE

HART,

PRINTER

TO

THE

UNIVERSITY


9/272

EDITOR

S

PREFACE,

THE

bulk

of Bentham

s

writings

has

passed

into

not

unjust

oblivion.

It

would

be

impossible

to renew the

life

of

works

so

voluminous,

so

technical,

and so

frequently

disfigured

by

oddities

of

thought

and

style.

But

it

would

be

unfortunate

if

those

works which

most

adequately

represent

Bentham

s

peculiar

genius

and

which have

left a mark

upon speculation

in

England

were

to

remain

buried

under the

weight

of

dead,

unprofitable

matter.

These

works

may

the

more

easily

be

made available

inasmuch as

they

are few and

not of

great

length.

Chief

amongst

them

are the

Fragment

on

Government,

and

the

Principles

of

Morals

and

Legislation.

The

latter

treatise

has

already

been

re

printed

by

the

Clarendon Press.

The

Fragment

on

Government,

which has

long

been

out

of

print,

is

now

r

offered

to

the

public.

The

Introduction

prefixed

aims

at

shewing

the

place

of

Bentham

in

the

history

of

thought,

and the

significance

of the

Fragment

as a

contribution

to

political

philosophy,

F.

C.

M.

OXFORD

:

December, 1890.


10/272


11/272

CONTENTS.

EDITOR

S

INTRODUCTION

.........

1-90

I.

Life of

Bentham

, i

II.

Characteristics

14

III.

Contributions to

Theory

of

Legislation

....

21

IV.

The

Fragment

on

Government

.....

58

BENTHAM

S FRAGMENT

ON

GOVERNMENT.

PREFACE

TO

THE

FRAGMENT

........

93-125

Motives

of

the

present

undertaking

......

93

History

of

it

94

The

business of

the Censor

distinguished

from

that

of the

Ex

positor

...........

98

The

latter

alone

our Author s

.......

99

Laws

ought

to

be

scrutinized

with freedom

....

100

Our

Author

why

attacked in

the

character

of

an

Expositor

.

106

Reprehensible

passages

from the work

at

large

.

.

. 108

Its

merits

...........

116

Idea

of

a

natural

arrangement

.......

118

Merits

of the work

resumed

.

. .

.

.

. .

122

Manner

in

which

the

present

Essay

has

been

conducted

.

.

123

INTRODUCTION

...........

127-130

I.

Division of

our Author

s Introduction

....

127

II.

What

part

of

it is here

to

be

examined

....

128

III.

His

definition

of

Law

Municipal

.....

128

IV.

A

digression

in

the

middle

of

it.

Its

general

contents

.

128

V. This

digression

the

subject

of

the

present

examination

.

129

VI.

Our Author

s

sketch of

the contents

....

129

VII.

Inadequate

.........

130

VIII.

Division

of

the

present

Essay

......

130

CHAPTER

I.

...........

131

163

I.

Subject

of

the

passage

to

be

examined

in

the

present

chapter

131

II.

The

passage

recited

........

131

III.

Confusion

among

the

leading

terms

of it

.

.

.

.

133

IV.

Society

put

synonymous

to a

state of

nature,

opposed

to

Government,

and

spoken

of as

having

existed

.

134

V.

Society put

synonymous

to

government

.

.

134

VI.

A

state of

nature

spoken

of,

as never

having

existed .

135

VII.

Original contract,

its

reality

denied

....

135


12/272

viii

Contents.

PAGE

VIII.

asserted 136

IX.

Attempt

to

reconcile

these

contradictions

Society

dis

tinguished

into

natural and

political

.

.

.

136

X.

Idea

of

political

society

137

XI. Idea

of

natural

society

137

XII.

Difficulty

of

drawing

the

line

between

the two states

.

137

1.

A

habit

138

2.

A

habit

of

obedience

.......

138

3.

An act

of

obedience

.......

138

4.

An

act

of

political

obedience

.

.

.

.

.

138

5.

An

expression

of

will

.

.

.

.

. .

138

6.

A

parole

expression

of

will

.

. .

.

.

138

7.

A

tacit

expression

of

will .

.

.

.

.

.

138

8.

A

command

........

138

9.

A fictitious

command

.

.

.

.

.

139

10.

Commands

and

quasi-commattds

....

139

11.

Illustration

Statute

Law,

and Common

Law

.

.

139

12.

Duty point

of

duty

.

139

13.

Use

of

the

above

chain

of

definitions .

.

.

.

139

14.

Habit

of

obedience

measure

of

its

perfections

.

.

139

15.

Illustration

........

139

16.

Political

union

or

connection .

.

.

.

.

140

17.

Submission

subjection

.

.

. .

.

.

140

18.

Submission

and

subjection

.....

140

XIII. A

perfect

state of nature not more chimerical

than

a

per

fect

state of

government

139

//

is

not

a

family

union,

however

perfect,

that

can

con

stitute

a

political

society why

....

140

XIV. State

of nature a relative

expression

....

141

XV.

Different

degrees

of

subjection

among

governors

.

.

142

XVI. The

same

person

alternately

in

a state of

political

and

natural

society

with

respect

to different societies

.

142

XVII.

In

the same

political

society

the

same

persons

alter

nately

governors

and

subjects,

with

respect

to

the

same

persons

........

143

XVIII.

Hints of several

topics

that must

be

passed

by

.

.

143

XIX. The

same

society

alternately

in

a

state

of

nature

and

a state

of

government

.

....

144

XX.

Instance

the

Aborigines

of

America ....

144

XXI.

Characteristic

of

political

union

.....

144

XXII.

Among

persons

already

in a

state

of

political

union

at

what

instant

a

new

society

can

be

said

to

be

formed,

by

defection

from

a former

.....

145

XXIII.

Firstly,

in

case

of

defection

by

whole

bodies,

instance

the

Dutch

provinces

......

146

XXIV.

Secondly,

in

case of

defection

by

individuals

instances.

Rome

Venice

.......

146

XXV.

A

revolt,

at

what

juncture

it

can be

said

to

have

taken

place

147

XXVI. Disobediences

what

do not

amount to a

revolt

.

.

.

147

1.

Disobedience

unconscious

with

respect

to the

fact .

147

2.

Disobedience

unconscious

with

respect

to

the

Laiv

.

147

3.

Illustration

.

147

Disobediences

fraudulent

and

forcible

M

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