WorkJeremy Bentham

A Fragment on Ontology

Metaphysics from the great enemy of nonsense: Bentham sorts the words that name real things from indispensable fictions like "right" and "obligation."

by Jeremy Bentham55 passages held

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

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Overview

The last thing to expect from the arch-enemy of nonsense is a treatise on metaphysics, yet that is what this fragment is — Bentham's attempt to sort out what kinds of thing actually exist and what kinds only seem to because language names them. He draws a line between real entities, things that can in principle be perceived — a body, a pleasure, a pain — and fictitious entities, the vast class of words like obligation, right, power, relation, quality, which name nothing anyone could point to and yet cannot be dropped from speech. His claim is not that such words are lies but that they are indispensable fictions, and that the way to understand one is not to hunt for the object it supposedly names, since there is none, but to take the whole sentence it appears in and translate it, by a method he called paraphrasis, into plain statements about real entities. This is the machinery beneath his lifelong campaign against legal fictions: a right, on this account, is a shadow cast by a law, real only in the duties and expectations the law creates. Written around 1813–15 and left, like its companions on logic and language, to be printed only in the posthumous Works, the fragment was long overlooked. Twentieth-century philosophers rediscovered it, and Bentham's theory of fictions and his method of defining a term by the sentences it lives in are now read as an anticipation of the analysis of language that came a century after him.

Key concepts

What is the difference between real and fictitious entities?

Real entities are things that can in principle be perceived, a body, a pleasure, a pain. Fictitious entities are the vast class of words, obligation, right, power, relation, quality, that name nothing anyone could point to and yet cannot be dropped from speech. The distinction is the fragment's central move: it separates what language genuinely names from what it merely seems to.

Does Bentham think fictitious entities are lies?

No. His claim is not that words like right or obligation are lies but that they are indispensable fictions. Speech and thought cannot proceed without them, so the task is not to banish them, as the enemy of nonsense might be expected to, but to understand how they work. That is the surprise of the piece: it defends these words while denying that they name any hidden object.

What is paraphrasis?

Paraphrasis is Bentham's method for making sense of a word that names no object. Instead of hunting for the thing it supposedly names, since there is none, you take the whole sentence the word appears in and translate it into plain statements about real entities. A term is thus defined not on its own but by the propositions it lives in, an approach that anticipates later analysis of language.

How does this connect to his attack on legal fictions?

It is the metaphysical root of it. On this account a right is a shadow cast by a law, real only in the duties and expectations the law creates, not a thing existing before or apart from it. The theory of fictions gives Bentham a principled way to strip legal language of its false objects while keeping the working abstractions, which is what his jurisprudence needed.

Themes of the book

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

Real Things and Useful Fictions

Some words name things you could in principle perceive; a vast class of others, right, obligation, power, relation, name nothing anyone could point to, yet speech cannot do without them. What is such a word, if not a lie?

Bentham draws a line between real entities, things that can in principle be perceived, a body, a pleasure, a pain, and fictitious entities, words like obligation, right, power, quality that name nothing perceivable and still cannot be dropped from language. His claim is not that such words are lies but that they are indispensable fictions. This is the surprise of the fragment: the great enemy of nonsense does not banish these words, he explains how they work. The distinction is the metaphysical root of his lifelong campaign against legal fictions, and it lets him keep the useful abstractions while refusing to treat them as names of hidden objects.

  • epistemology
  • causation
  • language
  • motion
  • ontology

Defining a Word by Its Sentence

To understand a word that names no object, stop hunting for the object; take the whole sentence it lives in and translate that into plain statements about real things. The method dissolves the mystery without discarding the word.

Paraphrasis is Bentham's name for the method. A fictitious entity has no object to point at, so the way to define it is not to look for one but to render the entire proposition it figures in into statements about real entities, bodies, pleasures, pains. A right, on this account, is a shadow cast by a law, real only in the duties and expectations the law creates. This is the machinery beneath his attack on legal fictions, and twentieth-century philosophers rediscovered it: his way of defining a term by the sentences it lives in is now read as an anticipation of language analysis that came a century after him.

  • utility
  • space
  • fictitious entities
  • relation
  • classification

Within this work

passages held
55
distinct concepts
136
by passages held, corpus-wide
#226

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: legislation with utility.
Concept co-occurrence, strongest first 8 concepts, joined by 9 pairings. 23 shared passages in all. 6 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
legislationutility5
legislationrationality3
rationalityutility3
jurisprudencelegal theory2
jurisprudencelegislation2
legal theoryutility2
legislationtransparency2
legislationuniversalism2
universalismutility2

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

    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 you are here 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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