WorkJeremy Bentham

An Introduction to the Principles of Morals and Legislation

Meant only as the front matter to a penal code, it became the founding text of classical utilitarianism — pleasure and pain made the measure of law.

by Jeremy Bentham537 passages held

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

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Overview

Printed in 1780, the book sat for nine years while Bentham wrestled with a problem it had opened up: where does the criminal law end and the rest of law begin? He never solved it to his satisfaction, and the attempt spun off into a separate manuscript that stayed unpublished until the twentieth century. When An Introduction to the Principles of Morals and Legislation finally went on sale in 1789, on the eve of the French Revolution, it set out the machinery utilitarianism would run on for a century: pleasure and pain as the only measures of good and bad, a method for weighing them by intensity, duration, certainty and nearness, and a classification of offences built on the harm each does rather than the names lawyers had given them. A footnote asks whether the capacity to suffer, and not the capacity to reason or to speak, is what earns a creature moral standing — a line the movement against cruelty to animals later took for its own. The book was written only as an introduction to a complete penal code, which Bentham thought the greater work and never finished. It sold slowly and few read it at first; its authority grew as his disciples built on it, John Stuart Mill among them, and it is now where classical utilitarianism is usually said to begin.

Key concepts

What is the principle of utility in this book?

The principle that approves or disapproves of every action by its tendency to increase or diminish the happiness of the party affected. Bentham makes it the foundation of both morals and legislation, the single axiom from which the rest follows. An action conforms to it when the pleasure it brings outweighs the pain, and a government acts rightly when its measures do the same for the community.

What is the felicific calculus?

Bentham's method for weighing pleasures and pains to judge an action. Each is measured by intensity, duration, certainty, and nearness; where many people are affected, its extent is added in. Summing the pleasures against the pains gives the tendency of the act. It is meant to turn moral and legislative judgement into something closer to reckoning than to taste or intuition.

What dimensions fix the value of a pleasure?

Intensity, duration, certainty, and nearness fix the value of a pleasure or pain taken by itself. Two further dimensions, fecundity and purity, judge what it tends to produce afterward, whether more of the same or its opposite. Extent counts how many people share it. Together they let a legislator estimate, at least roughly, the whole tendency of an act toward happiness or misery.

Why does Bentham ask whether animals can suffer?

In a footnote he argues that the ground of moral standing is not the power to reason or to speak but the capacity to suffer. If suffering is what counts, then sentient animals fall inside the circle of beings whose pain a legislator must weigh. The remark drew little notice at the time but became a founding text for later movements against cruelty to animals.

Why was the book meant only as an introduction?

Bentham wrote it as the front matter to a complete penal code, which he regarded as the greater work. The introduction was to lay down the principles; the code would apply them. He never finished the code, held up partly by the question of where criminal law ends and the rest of law begins, so the introduction went on sale in 1789 to stand on its own.

Themes of the book

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

Pleasure and pain, the only masters

What actually governs what people do, and what alone can measure good and bad? Bentham answers with two sovereign masters, pleasure and pain, and refuses any third standard.

Nature has placed mankind under two sovereign masters, pain and pleasure; from that opening Bentham builds the whole machinery. Good and bad reduce to them and to nothing else, so a legislator can weigh any act by the pleasure and pain it brings, gauged by intensity, duration, certainty and nearness. A famous footnote asks whether the capacity to suffer, not to reason or to speak, is what earns a creature moral standing, a line the movement against cruelty to animals later claimed. Sentiment and intuition are dismissed as disguised preference.

  • utility
  • sensibility
  • psychology
  • ethics
  • punishment

Offences ranked by the harm they do

Should crimes be sorted by the names lawyers inherited, or by the damage each actually inflicts? Bentham rebuilds the whole catalogue of offences on harm alone.

Lawyers had grouped offences by tradition and label; Bentham throws the inherited categories out and classifies each by the mischief it produces to individuals and to the community. The point is practical. A rational penal code must match punishment to real harm, not to the accident of what an act is called. Written only as the front matter to that complete code, the book sat printed but unsold from 1780 until 1789 while its author wrestled with where criminal law ends. The code was never finished, and the introduction outgrew it.

  • classification
  • punishment
  • jurisprudence
  • legislation
  • taxonomy
  • legal theory
  • methodology

Within this work

passages held
537
distinct concepts
874
by passages held, corpus-wide
#58

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: political economy with taxation.
Concept co-occurrence, strongest first 8 concepts, joined by 12 pairings. 56 shared passages in all. 88 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
political economytaxation9
taxationwealth7
capitalwealth6
governancepolitical economy6
capitaltaxation4
governanceutility4
logicutility4
political economywealth4
utilitywealth4
governancetaxation3
logicontology3
capitalgovernance2

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 you are here 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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