WorkJeremy Bentham

Anarchical Fallacies

Bentham's clause-by-clause demolition of the French Declaration of the Rights of Man — the founding attack on the idea of natural rights.

by Jeremy Bentham150 passages held

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

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Overview

The French National Assembly's Declaration of the Rights of Man and of the Citizen had, by the early 1790s, become the founding creed of the Revolution: a list of rights held to be natural, imprescriptible and prior to any government. Bentham went through it clause by clause to show that it was not merely mistaken but incoherent. A right, he argues, is the creation of a law and can mean nothing before one exists; to proclaim rights that no government granted and none may repeal is to hand every malcontent a standing licence to brand any law he dislikes a violation and rise against it. His contempt for natural, imprescriptible rights produced the most quoted judgement he ever passed — that such talk is high-sounding nonsense — and it is that phrase, more than the analysis under it, that most readers carry away. Rights he wanted, but rights made and secured by legislation, defended because they do good rather than because they are ancient or self-evident. He wrote Anarchical Fallacies between 1791 and 1795, as his early hope for the Revolution curdled into alarm at the Terror. It reached print, as so much of his work did, through other hands — in French in 1816 by way of Dumont, and in English only in the posthumous Works. It stands as the hardest attack on the idea of natural rights in the language, and the foil every later defender of human rights has had to get past.

Key concepts

What does Bentham mean by natural rights?

The doctrine, central to the French Declaration, that people hold certain rights by nature, prior to and independent of any government, which no law may rightly take away. Bentham rejects the idea root and branch: a right, he insists, is created by law and cannot exist before one. Natural rights, on his view, name nothing real and merely dress a wish in the grammar of a fact.

What did Bentham mean by 'nonsense upon stilts'?

His verdict on natural and imprescriptible rights: natural rights are simple nonsense, and imprescriptible ones nonsense upon stilts, raised higher and more elaborate but empty still. The phrase is the most quoted thing he ever wrote. It targets the metaphysics, not the protections; Bentham wanted strong legal rights, yet held that calling them natural adds nothing and only confuses the case for them.

What was the Declaration of the Rights of Man?

The French National Assembly's statement of rights held to be natural, imprescriptible, and prior to any government, which became the founding creed of the Revolution. Bentham went through it clause by clause in this book to show it was not merely mistaken but incoherent. His attack takes the Declaration as the clearest and most authoritative form of the doctrine he set out to destroy.

What kind of rights did Bentham actually want?

Rights made and secured by legislation, defended because they do good rather than because they are ancient or self-evident. He was no enemy of rights as protections; he was an enemy of the claim that they exist before and above the law. Real rights, for Bentham, are what a legislator establishes on grounds of utility, and can therefore be judged, justified, and, when bad, reformed.

Why is the book still read today?

Because it remains the hardest attack on the idea of natural rights in the English language, the foil every later defender of human rights has had to get past. Written in the 1790s and printed only later, in French through Dumont and in English posthumously, it forces anyone who would ground rights in nature to answer Bentham's charge that they are grounding them in nothing.

Themes of the book

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

Rights are made, not found

Can there be rights before any law creates them? Bentham says no: a right is the child of a law, and to speak of rights prior to government is to speak of nothing.

A right, Bentham argues, is the creation of a law and can mean nothing before one exists. So the French Declaration's natural, imprescriptible rights, held to be prior to any government, are not merely mistaken but incoherent, a word on a page with nothing behind it. He wants rights, and wants them keenly, but rights made and secured by legislation, defended because they do good rather than because they are ancient or self-evident. His verdict that such talk is nonsense upon stilts is contempt for the metaphysics, not for the protections; those he would build on utility, where they can be defended and, when bad, reformed.

  • legal theory
  • legislation
  • justice
  • utilitarianism
  • epistemology
  • rights

The standing licence to revolt

What follows in practice from proclaiming rights no law granted and none may repeal? Bentham says it arms every malcontent to brand any law he dislikes a violation and rise against it.

Beyond the logical error, Bentham presses a political danger. To proclaim rights that no government created and none may abridge is to hand every discontented man a standing licence: whatever law offends him, he may call a breach of his imprescriptible right and take up arms in its name. A doctrine meant to protect the citizen becomes, in his reading, a permanent invitation to insurrection, unable to settle anything because it sets each man's judgement above the law. Written as his hope for the Revolution curdled into alarm at the Terror, the essay reads the Declaration as a recipe for the disorder unfolding in France.

  • legal reform
  • accountability
  • legislation
  • truth
  • justice
  • natural rights

Within this work

passages held
150
distinct concepts
288
by passages held, corpus-wide
#154

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: evidence with legal reform.
Concept co-occurrence, strongest first 8 concepts, joined by 11 pairings. 51 shared passages in all. 55 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
evidencelegal reform10
evidencejustice8
evidencejudicial procedure7
epistemologyevidence5
evidencetestimony5
bureaucracyevidence3
epistemologytestimony3
evidencemisdecision3
judicial procedurelegal reform3
legal reformmisdecision2
legal reformtestimony2

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 you are here 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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