WorkJeremy Bentham

A Fragment on Government

A young barrister's anonymous assault on Blackstone's complacent *Commentaries* — and the first public airing of the greatest-happiness principle.

by Jeremy Bentham222 passages held

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

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Overview

William Blackstone's Commentaries on the Laws of England had, by the 1770s, become the polished book every English lawyer learned the constitution from. Its complacency was exactly what a young barrister who despised the law he had trained in could not bear. He singled out a few pages on the origin of government for attack. A Fragment on Government appeared anonymously in 1776 — a slice of a much larger commentary he left unpublished — and went after Blackstone's talk of an original contract and a natural society as fiction dressed up as reasoning: government rests not on a promise nobody ever made but on habit, and is to be judged by one test only, whether it produces the happiness of the governed. That test — the greatest happiness of the greatest number — got its first public statement here. Readers took the book seriously enough to attribute it to Lord Mansfield, to Camden, to Dunning, until Bentham's proud father let the author's name out and sales, tied to no famous name, fell away. It reached the small circle that mattered: Lord Shelburne sought Bentham out on the strength of it, and the acquaintance opened the political world to him. The book set the pattern of the work that followed — not to expound the law but to measure it against its results and find it wanting. Blackstone he never stopped answering.

Key concepts

What is the greatest-happiness principle Bentham first states here?

The measure of right in government: the law or action that produces the greatest happiness of the greatest number of the governed. Announced publicly for the first time in this book, it makes utility the sole standard for judging institutions. No appeal to nature, contract, or custom can override it; a government is good exactly so far as it advances the happiness of those it rules.

What was Blackstone's Commentaries, and why go after it?

Blackstone's Commentaries on the Laws of England was the polished book every English lawyer learned the constitution from. Bentham thought its confidence hid muddle: it justified the law by describing it admiringly rather than testing it. He singled out a few pages on the origin of government to show that England's most respected legal writer reasoned from fictions, and that the whole complacent method needed replacing.

What is the original contract Bentham attacks?

The supposed agreement, invoked by Blackstone and others, in which people once promised to obey a government in return for its protection. Bentham denies any such promise was ever made and calls the idea a fiction. Obedience, he argues, rests on habit and lasts only while it serves the general happiness, so the contract explains nothing that utility does not explain better.

What does Bentham mean by a fiction in law?

A statement treated as true for the sake of argument though it answers to nothing real, like the original contract or a natural state of society. Bentham does not reject every fiction, but attacks those used to dress prejudice as reasoning and to shield institutions from examination. The cure is to state the real ground, utility, plainly, where its worth can be judged.

When does Bentham think resistance to government is justified?

When the mischief of continuing to obey outweighs the mischief of resisting. Because obedience rests on habit and utility rather than an unbreakable promise, there is no absolute duty to submit. The same calculation that recommends obedience in ordinary times can recommend resistance once a government's harm to the governed grows great enough. It is a judgement of consequences, not of sacred right.

Themes of the book

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

One test for any government

By what single measure should a government be judged good or bad? Bentham answers with one alone: whether it produces the happiness of the governed, with nothing else allowed to count.

The greatest happiness of the greatest number gets its first public statement here, and Bentham turns it into a blade. Against Blackstone, who described the constitution as though describing it were praising it, he insists no institution earns respect for being old, established, or English. It earns respect only by its results. A law is to be measured, not expounded, and measured by one thing: the happiness it yields for those who live under it. Everything he wrote afterward runs on this single rule.

  • utility
  • legislation
  • jurisprudence
  • ethics
  • methodology
  • political obligation

Habit, not a promise nobody made

Did anyone ever sign the original contract lawyers say binds subjects to rulers? Bentham denies the promise was ever made, and holds that a fiction cannot ground real obedience.

Blackstone traced the duty to obey back to an original contract and a natural state of society, a promise the governed were supposed to have made. Bentham calls this fiction dressed as reasoning. Obedience is a matter of habit, the settled disposition to comply, and it lasts only so far as complying serves the general happiness. Grounding authority on an imaginary agreement, he argues, either proves nothing or proves far too much. The honest ground is utility, stated in the open where anyone can test it.

  • rhetoric
  • methodology
  • definition
  • logic
  • political authority
  • social contract

Within this work

passages held
222
distinct concepts
312
by passages held, corpus-wide
#120

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: logic with methodology.
Concept co-occurrence, strongest first 8 concepts, joined by 26 pairings. 236 shared passages in all. 74 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
logicmethodology40
classificationlogic27
logictaxonomy20
epistemologylogic17
logicsemantics16
classificationtaxonomy9
languagelogic9
logicontology9
epistemologymethodology8
languagesemantics8
classificationepistemology7
classificationmethodology7
methodologytaxonomy7
methodologysemantics6
classificationontology5
epistemologylanguage5
epistemologyontology5
classificationlanguage4
epistemologytaxonomy4
languageontology4
languagetaxonomy4
ontologysemantics4
epistemologysemantics3
methodologyontology3
ontologytaxonomy3
classificationsemantics2

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 you are here 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

    A late sign of Bentham's codifying cause gaining ground: his 1826 Westminster Review response to James Humphreys' proposal to codify English real-property law, welcoming it while pressing it further.

    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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