Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
The first five volumes of the Correspondence of Jeremy Bentham contain over 1,300 letters written both to and from Bentham over a 50-year period, beginning in 1752 (aged three) with his earliest surviving letter to his grandmother, and ending in 1797 with correspondence concerning his attempts to set up a national scheme for the provision of poor relief. Against the background of the debates on the American Revolution of 1776 and the French Revolution of 1789, to which he made significant contributions, Bentham worked first on producing a complete penal code, which involved him in detailed explorations of fundamental legal ideas, and then on his panopticon prison scheme. Despite developing a host of original and ground-breaking ideas, contained in a mass of manuscripts, he published little during these years, and remained, at the close of this period, a relatively obscure individual. Nevertheless, these volumes reveal how the foundations were laid for the remarkable rise of Benthamite utilitarianism in the early nineteenth century. Bentham’s early life is marked by his extraordinary precociousness, but also family tragedy: by the age of 10 he had lost five infant siblings and his mother. The letters in this volume document his difficult relationship with his father and his increasing attachment to his surviving younger brother Samuel, his education, his interest in chemistry and botany, and his committing himself to a life of philosophy and legal reform.
John Stuart Mill’s Utilitarianism is a philosophical defense of utilitarianism, a moral theory stating that right actions are those that tend to promote overall happiness. The essay first appeared as a series of articles published in Fraser’s Magazine in 1861; the articles were collected and reprinted as a single book in 1863. Mill discusses utilitarianism in some of his other works, including On Liberty and The Subjection of Women, but Utilitarianism contains his only sustained defence of the theory. In this Broadview Edition, Colin Heydt provides a substantial introduction that will enable readers to understand better the polemical context for Utilitarianism. Heydt shows, for example, how Mill’s moral philosophy grew out of political engagement, rather than exclusively out of a speculative interest in determining the nature of morality. Appendices include precedents to Mill’s work, reactions to Utilitarianism, and related writings by Mill.
Recovering Bentham's thoughts on policing and what they mean for criminology today. Jeremy Bentham theorized the panopticon as modern policing emerged across the British Empire, yet while his theoretical writing became canonical in criminology, his perspective on the police remains obscure. Jeremy Bentham on Police recovers the reformer's writings on policing alongside a series of essays that demonstrate their significance to the past, present, and future of criminology.
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The Panopticon project for a model prison obsessed the English philosopher Jeremy Bentham for almost 20 years. In the end, the project came to nothing; the Panopticon was never built. But it is precisely this that makes the Panopticon project the best exemplification of Bentham's own theory of fictions, according to which non-existent fictitious entities can have all too real effects. There is probably no building that has stirred more philosophical controversy than Bentham's Panopticon. The Panopticon is not merely, as Foucault thought, "a cruel, ingenious cage", in which subjects collaborate in their own subjection, but much more-constructing the Panopticon produces not only a prison, but also a god within it. The Panopticon is a machine which on assembly is already inhabited by a ghost. It is through the Panopticon and the closely related theory of fictions that Bentham has made his greatest impact on modern thought; above all, on the theory of power. The Panopticon writings are frequently cited, rarely read. This edition contains the complete "Panopticon Letters", together with selections from "Panopticon Postscript I" and "Fragment on Ontology", Bentham's fullest account of fictions. A comprehensive introduction by Miran Bozovic explores the place of Panopticon in contemporary theoretical debate.
Jeremy Bentham, the father of utilitarianism, not only created a philosophical system which sought a rational solution to the problems of ethics, but was also concerned with the practical application of his theories to social reforms, administration, education and the law. This reissued volume represents a comprehensive collection of essays on Bentham’s work from J. S. Mill to the year of the book’s first publication in 1974. The wide range of Bentham’s concern and the varied reactions he provoked are well represented by the essays in this volume. It begins with Mill’s famous appraisal of the virtues and deficiencies of the theory that had so much influence on his own, followed by the criticisms of perhaps the ablest of Bentham’s (and Mill’s) contemporary opponents, William Whewell. Bentham’s psychology and analysis of human motivation is dealt with by John Watson, and in the editor’s own essay on the thorny problem of the justification of the principle of utility, the whole question of the link between specific human desires and the general desire for pleasure is examined as a psychological as well as a logical problem. The seldom-considered subject of Bentham’s logic and the way in which he anticipates in some respects the work of Frege and Wittgenstein is considered by H. L. A. Hart, who has also contributed a paper on the question of sovereignty. Bentham’s Political Fallacies is examined by Professor Burns, and the Constitutional Code and its projection of Bentham’s ideal republic as considered by Thomas Peardon makes interesting reading in the light of David Robert’s analysis of the impact Bentham had on the Victorian administrative state. Finally, there is Wesley C. Mitchell’s interesting paper on the notorious felicific calculus. The editor has written an extensive introduction which will prove useful not only to those unfamiliar with Bentham’s writings but to those acquainted with only one aspect of his work. Philosophers, jurists and political scientists should all find something of interest in this collection.
Infamous for authoring two concepts since favored by government powers seeking license for ruthlessness—the utilitarian notion of privileging the greatest happiness for the most people and the panopticon—Jeremy Bentham is not commonly associated with political emancipation. But perhaps he should be. In his private manuscripts, Bentham agonized over the injustice of laws prohibiting sexual nonconformity, questioning state policy that would put someone to death merely for enjoying an uncommon pleasure. He identified sources of hatred for sexual nonconformists in philosophy, law, religion, and literature, arguing that his goal of "the greatest happiness" would be impossible as long as authorities dictate whose pleasures can be tolerated and whose must be forbidden. Ultimately, Bentham came to believe that authorities worked to maximize the suffering of women, colonized and enslaved persons, and sexual nonconformists in order to demoralize disenfranchised people and prevent any challenge to power. In Uncommon Sense, Carrie Shanafelt reads Bentham’s sexual nonconformity papers as an argument for the toleration of aesthetic difference as the foundation for egalitarian liberty, shedding new light on eighteenth-century aesthetics and politics. At odds with the common image of Bentham as a dehumanizing calculator or an eccentric projector, this innovative study shows Bentham at his most intimate, outraged by injustice and desperate for the end of sanctioned, discriminatory violence.