WorkJeremy Bentham

A Protest Against Law-Taxes

Provoked by the 1793 Irish budget: Bentham's attack on taxing lawsuits, a device he says sells the rich a justice it denies the poor.

by Jeremy Bentham29 passages held

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(published posthumously)
Original language
English

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Overview

Reports of the Irish budget reached Bentham in March 1793, and one item in it set him off — a tax on going to law. A Protest against Law-Taxes is his answer, a short and heated attack on the practice of taxing legal proceedings, which he treats as a levy on the one thing a state exists to supply — justice — and therefore as a way of selling to the rich a protection it withholds from the poor. A man who cannot afford the duty on a writ cannot sue the man who wronged him; the tax does not merely raise revenue, it closes the courthouse door by income. Bentham's case is that the cost of a service should fall on those who use it, not sit as a general toll on access to the courts, and that a government which prices its poorer subjects out of justice has abandoned the reason it collects taxes in the first place. He had the essay printed in 1793, published it in 1795, and enlarged it in 1816 as the same taxes went on being extended. It belongs with the run of political-economy pamphlets he wrote in the 1790s, and it states, as plainly as anything from the period, a principle courts still argue over: that access to justice cannot be rationed by ability to pay.

Key concepts

What is a law-tax, and why attack it?

A tax levied on legal proceedings, such as a duty payable on a writ before a suit can go forward. Bentham attacks it because it charges people for access to justice, the one service a state exists to provide. A man who cannot pay the duty cannot bring his case, so the tax quietly bars the poor from the courts while leaving them open to the rich.

Why does Bentham say the tax sells justice?

Because it makes protection of the law something bought rather than owed. Justice is what a state exists to supply; charging for entry to the courts turns it into a commodity available by income. The rich buy their day in court through the duty, while the poor, unable to pay, are shut out. A government that does this, Bentham holds, inverts the very purpose for which it taxes.

What principle does Bentham offer about paying for justice?

That the cost of a service should fall on those who actually use it, not sit as a general toll barring access to the courts. He does not deny that courts cost money; he denies that the charge may be laid so as to price the poor out of a remedy. A government that rations justice by ability to pay has abandoned the reason it collects taxes at all.

What prompted the pamphlet, and when did it appear?

Reports of the Irish budget of 1793, with its tax on going to law, set Bentham off, and he answered with this short and heated attack. He had it printed in 1793, published it in 1795, and enlarged it in 1816 as the same taxes went on being extended. It belongs with the run of political-economy pamphlets he wrote through the 1790s.

Why is this short pamphlet still cited?

Because it states, as plainly as anything from the period, a principle courts still argue over: that access to justice cannot be rationed by ability to pay. Bentham turned a narrow objection to one Irish tax into a general claim about what a state owes its poorer subjects, and that claim outlived the particular duty it was written against.

Themes of the book

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

Justice priced out of reach

What happens when a state charges people to use its courts? Bentham says a tax on going to law sells the rich a protection it quietly withholds from the poor.

A tax on legal proceedings, Bentham argues, is a levy on the one thing a state exists to supply, justice, and so a way of selling to the rich a protection it denies the poor. A man who cannot afford the duty on a writ cannot sue at all; the tax does not merely raise revenue, it closes the courthouse door by income. His case is that the cost of a service should fall on those who use it, not sit as a general toll, and that a government pricing its poorer subjects out of justice has abandoned the reason it collects taxes at all.

  • oppression
  • access to justice
  • justice
  • litigation
  • taxation
  • poverty
  • legal costs

Within this work

passages held
29
distinct concepts
83
by passages held, corpus-wide
#258

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: governance with utility.
Concept co-occurrence, strongest first 5 concepts, joined by 3 pairings. 6 shared passages in all.
ConceptPaired conceptShared passages
governanceutility2
lawsinister-interest2
self-interestutility2

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 you are here 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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