WorkJeremy Bentham

A Commentary on Mr Humphreys' Real Property Code

Bentham's 1826 review of James Humphreys, the rare lawyer who proposed codifying England's land law — praised for the idea, faulted for stopping short.

by Jeremy Bentham40 passages held

  • English, the original language, and your language
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(published posthumously)
Original language
English

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Overview

In 1826 a conveyancer named James Humphreys did what almost no English lawyer dared: he published a book arguing that the country's chaotic law of real property should be scrapped and replaced with a written code, and he sketched one. The proposal drew a crowd of respondents, and among them was Bentham, who had been demanding codification for half a century and was not about to let a convert pass unremarked. His Commentary on Mr Humphreys' Real Property Code appeared in the Westminster Review in October 1826. It is part welcome and part correction: Bentham salutes Humphreys for grasping that land law must be rebuilt rather than patched, then faults him for not going far enough — for leaving too much of the old learning and its terminology standing, and for stopping short of the thoroughgoing utilitarian principles a genuine code demands. The piece is Bentham near the end of his life, watching the codifying idea he had championed almost alone begin to find respectable adherents. The debate Humphreys started helped bring on the Real Property Commission of 1828, which examined the very reforms both men urged; English land law was not codified whole, but it was substantially remade across the century that followed.

Key concepts

What is codification, in Bentham's sense?

The replacement of scattered, unwritten, judge-made law with a single written code, arranged on rational principles so a citizen can find and understand what the law requires. Bentham had urged it for half a century as the cure for the chaos of the common law. In this piece he applies the demand to real property, welcoming Humphreys' proposal to codify land law while pressing it toward the thoroughness he thought a real code needs.

What did James Humphreys propose?

In 1826 Humphreys, a conveyancer, published a book arguing that England's chaotic law of real property should be scrapped and replaced with a written code, and he sketched one. It was a daring thing for an English lawyer to say, and it drew a crowd of respondents. Bentham's commentary is his contribution to that debate, both an endorsement of the idea and a critique of how far Humphreys carried it.

Why does Bentham fault Humphreys for stopping short?

Because Humphreys, while rightly wanting a code, left too much of the old learning and its terminology standing and did not carry his reform through to thoroughgoing utilitarian principles. For Bentham a half-codification that preserves the inherited tangle is not the clean, rational instrument he wanted. He welcomes the direction but insists a genuine code must break more completely with the system it replaces.

What came of the debate Humphreys started?

It helped bring on the Real Property Commission of 1828, which examined the very reforms Humphreys and Bentham urged. English land law was not codified whole, as Bentham wished, but it was substantially remade across the century that followed. The commentary catches the codifying cause, which Bentham had long pressed almost alone, at the moment it began to find respectable adherents.

Themes of the book

What this book returns to, gathered into themes and ordered by how much of the text each one occupies.

Codify the law, and go all the way

Should England's tangled land law be patched or rebuilt? Bentham backs Humphreys' call to replace it with a written code, then faults him for stopping short of a thorough one.

James Humphreys had done what almost no English lawyer dared, arguing that the chaotic law of real property be scrapped and rewritten as a code. Bentham, who had demanded codification for half a century, half welcomes and half corrects him. He salutes Humphreys for grasping that land law must be rebuilt rather than patched, then faults him for not going far enough, for leaving too much old learning and terminology standing, and for stopping short of the thoroughgoing utilitarian principles a genuine code demands. It is Bentham near the end of his life, watching the codifying idea he had championed almost alone begin to win respectable converts.

  • classification
  • legal drafting
  • property law
  • legal reform
  • clarity
  • inheritance

Within this work

passages held
40
distinct concepts
83
by passages held, corpus-wide
#239

What this book thinks together

Every arc around the wheel is one concept in this book. A ribbon joins two the text reaches for together, and its width is how many of its passages hold both. Strongest: epistemology with logic.
Concept co-occurrence, strongest first 8 concepts, joined by 12 pairings. 37 shared passages in all. 26 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
epistemologylogic8
classificationepistemology4
languagelogic4
communicationlogic3
critique of philosophylogic3
logicteleology3
classificationlogic2
communicationlanguage2
critique of philosophyepistemology2
epistemologyteleology2
logicutilitarianism2
teleologyutilitarianism2

Works held

The author's work in order, this book marked in place. Your-language title first, the original beneath it where the two differ; side chips show which full texts are held.

  1. 1838 A Fragment on Government

    Bentham's first published book, carved out of a larger unfinished attack on Blackstone; the 1776 debut that brought him to the notice of reformers and set the course of everything he wrote after.

    EN
  2. 1838 An Introduction to the Principles of Morals and Legislation

    The theoretical foundation under all of Bentham's legislative projects, printed in 1780 but withheld until 1789; the penal code it was written to introduce was never completed, and the book outgrew the code it served.

    EN
  3. 1838 Essay on the Influence of Time and Place in Matters of Legislation

    An early essay, written about 1782 and left unpublished, testing his science of legislation against the hard case of colonial Bengal; it reached readers first through Dumont's French edition and only later in English.

    EN
  4. 1838 Essay on the Promulgation of Laws and the Reasons Thereof

    Transmitted to print through Dumont like his other early legislative writing, this short piece insists that publishing a law — together with its reasons — is a condition of its authority rather than a favour to the governed.

    EN
  5. 1838 Principles of Penal Law

    One half of the penal–civil pairing at the core of Bentham's science of legislation; assembled and published in French by Étienne Dumont in 1802, and reaching English readers only through later retranslation from the French.

    EN
  6. 1838 Principles of the Civil Code

    The source of Bentham's doctrine that security of expectation outranks the other ends of law, and the civil-law counterpart to his penal theory; published in French by Dumont in 1802 and carried into English only by later retranslation.

    EN
  7. 1839 A Protest Against Law-Taxes

    A short pamphlet provoked by the Irish budget of 1793 — printed that year, published in 1795, extended in 1816 — and one of the political-economy tracts in which Bentham argued that taxing legal proceedings shuts the poor out of the courts.

    EN
  8. 1839 Anarchical Fallacies

    The work in which Bentham's utilitarianism turns to demolish the doctrine of natural, imprescriptible rights; written in the 1790s against the French revolutionary declarations and first published, in French, by Dumont in 1816.

    EN
  9. 1839 Leading Principles of a Constitutional Code for Any State

    A short 1823 statement, published in The Pamphleteer, of the principles behind Bentham's unfinished Constitutional Code; the clearest brief version of the representative democracy his final years argued for.

    EN
  10. 1839 Principles of International Law

    A work his own century treated as utopian: four essays from the late 1780s, printed only after Bentham's death, in which he coined the term "international" and set out an early plan for perpetual peace.

    EN
  11. 1839 Principles of Judicial Procedure with the Outlines of a Procedure Code

    Bentham's theory of how courts should operate, drawn from manuscripts he worked on for over thirty years and published only posthumously; his fullest case against legal technicality and the exclusion of evidence.

    EN
  12. 1839 Tax with Monopoly

    A minor scheme from Bentham's 1794 review of possible taxes, proposing to soften a tax by pairing it with a monopoly; unpublished in his lifetime, like almost all of his political economy.

    EN
  13. 1839 The Book of Fallacies

    Bentham's satirical catalogue of the fallacies used to resist reform, edited from his manuscripts and published in English in 1824 after Dumont's French version of 1816; the most quotable and least systematic of his major works.

    EN
  14. 1840 A Commentary on Mr Humphreys' Real Property Code you are here EN
  15. 1840 A Manual of Political Economy

    Bentham's principal treatise on political economy, written in the 1790s, first printed in the collected Works of 1843, and given an authoritative edition by Werner Stark in the 1950s; the source of his "be quiet" rule for the state.

    EN
  16. 1840 Bentham's Draught for the Organization of Judicial Establishments Compared with the National Assembly

    A rival judicial blueprint Bentham drew up in 1790 against the French Assembly's own reform draft and sent unbidden to Paris; an early mark of his turn toward democracy, and left unfinished.

    EN
  17. 1840 Codification Proposal

    The 1822 pamphlet in which the ageing Bentham offered his services as codifier to any liberal government; it opens his "legislator of the world" years and points toward the unfinished Constitutional Code.

    EN
  18. 1840 Emancipate Your Colonies

    An early argument for shedding colonies that his own age passed over: written in 1793 for the French National Convention, held back while Britain and France were at war, and printed only in 1830.

    EN
  19. 1840 Nomography or the Art of Inditing Laws

    A late unfinished fragment, printed in the posthumous Works, on the craft of drafting legislation — Bentham's catalogue of the faults of legal style and their cures, with an appendix on his own methods.

    EN
  20. 1840 Pannomial Fragments

    The unbuilt goal of Bentham's whole legislative project: fragments, published posthumously, toward the foundations of his Pannomion — the single complete code he projected for decades and never finished.

    EN
  21. 1840 Papers Relative to Codification and Public Instruction

    A collection of Bentham's 1811–15 correspondence with American and Russian authorities, published in 1817; the working papers behind his later Codification Proposal and among the beginnings of the Constitutional Code.

    EN
  22. 1840 Swear Not at All

    Part of Bentham's late assault on the Anglican establishment: an 1817 tract against the swearing of oaths, above all the religious subscription forced on students at Oxford and Cambridge.

    EN
  23. 1841 A Fragment on Ontology

    One of three linked fragments on logic, language and metaphysics that Bentham wrote around 1813–15 and never published; the metaphysical root of his theory of legal fictions and the home of his method of paraphrasis.

    EN
  24. 1841 An Introductory View of the Rationale of Evidence

    A compact case against excluding any relevant testimony — Bentham's own digest of the argument the young J.S. Mill drew out of his manuscripts as the five-volume Rationale of Judicial Evidence (1827).

    EN
  25. 1841 Essay on Language

    Written around 1813–16 with his essays on logic and ontology and unpublished until the posthumous Works; Bentham's attempt at a universal grammar, built on the claim that the sentence, not the word, is the true unit of meaning.

    EN
  26. 1841 Essay on Logic

    One of the linked essays of the mid-1810s, printed only after his death; here Bentham recasts logic as the art of thinking toward a purpose, and it lays bare the classifying method underlying his whole system.

    EN
  27. 1841 Securities Against Misrule Adapted to a Mahommedan State

    Constitutional writings Bentham produced in 1822 for Tripoli, at a Tripolitan reformer's request, adapting his checks on misrule — above all a free press and public opinion — to a Muslim state; printed only after his death.

    EN
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