WorkJeremy Bentham

Bentham's Draught for the Organization of Judicial Establishments Compared with the National Assembly

Bentham's unsolicited rival to France's 1789 court-reform plan, printed in instalments and shipped to the Revolution's Assembly in a hundred copies.

by Jeremy Bentham331 passages held

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

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Overview

When the French National Assembly's constitutional committee laid a draft plan for a new court system before the deputies in December 1789, Bentham decided he could do better and set out to prove it. His Draught of a New Plan for the Organisation of the Judicial Establishment in France was offered, in his own term, as a succedaneum — a substitute — for the committee's scheme: a complete rival design for how a nation should arrange its courts, its judges and its trials. He had it printed in England in instalments through the spring of 1790, and at the beginning of April sent a hundred copies to Paris with a covering letter to the president of the Assembly, in the frank hope that revolutionary France, unlike his own country, might actually adopt a rational system built from scratch. The plan carried the reforms he pressed all his life — proceedings open to the public, a procedure shaped to reach the truth rather than to feed the legal profession — and historians read it as one of the first signs of his conversion from cautious reformer into democrat. France did not take it up. Bentham never completed the full work, which existed only in manuscript by 1827. The episode is the clearest specimen of his lifelong pattern: a detailed, unasked-for blueprint for a country not his own, pressed on a government that let it lie.

Key concepts

What is the Draught, and who was it written against?

It is Bentham's complete rival plan for organising a nation's courts, judges and trials, drawn up against the reform draft the French National Assembly's constitutional committee laid before the deputies in December 1789. Convinced he could do better, he printed his own scheme in England in instalments through the spring of 1790 and sent a hundred copies to Paris, hoping revolutionary France would adopt it.

What does Bentham mean by calling it a succedaneum?

Succedaneum is his own term for the work: a substitute, offered to stand in place of the committee's scheme. Rather than criticise the French draft from outside, he supplied a whole alternative design meant to replace it wholesale, which is the form his interventions often took, a finished blueprint pressed on a government as a ready-made replacement for what it had proposed.

Why do historians call this a turn toward democracy?

The plan carried reforms Bentham pressed all his life, proceedings open to the public and a procedure shaped to reach the truth rather than to feed the legal profession, and he offered them to a revolution rather than to his own cautious country. Historians read it as one of the first signs of his conversion from a careful reformer into a democrat willing to build justice from scratch.

Did France ever adopt the plan?

No. France did not take it up, and Bentham never completed the full work, which existed only in manuscript by 1827. The episode is the clearest specimen of a lifelong pattern: a detailed, unasked-for blueprint for a country not his own, pressed on a government that let it lie. The design's influence, such as it was, came later and indirectly, not from any adoption in his lifetime.

Themes of the book

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

A Procedure Aimed at Truth

The point of a trial is to find out what happened, and every rule of the courtroom is answerable to that; where procedure serves the profession instead of the truth, it has forgotten what it is for.

Bentham's rival design turns on a single question: does this arrangement of judges, courts and trials help a nation reach the truth, or does it help the lawyers? His plan carries the reforms he pressed all his life, above all proceedings thrown open to the public, so that what is done in a court can be seen and judged. The machinery of English justice, he charged, had grown to feed those who worked it, multiplying delay and mystery. Against it he sets a procedure built from scratch and aimed at one end: the facts, reached cheaply and in the open.

  • legal procedure
  • evidence
  • justice
  • truth
  • procedural law
  • judicial discretion

The Uninvited Legislator

Watching another country's committee botch a reform, Bentham drew up the whole rival plan himself and shipped it over unasked; the gesture reveals both his ambition and its limits.

When France's constitutional committee laid a court-reform draft before the deputies in December 1789, Bentham decided he could do better and set out to prove it, offering his own scheme as a succedaneum, a substitute. He had it printed in England in instalments and sent a hundred copies to Paris, frankly hoping that revolutionary France, unlike his own country, might adopt a rational system built on purpose. France did not take it up. The episode is the clearest specimen of his lifelong pattern, a detailed unasked-for blueprint pressed on a government that let it lie, and an early sign of his turn from cautious reformer toward democrat.

  • legislation
  • legal reform
  • authority
  • access to justice
  • institutional design

Within this work

passages held
331
distinct concepts
540
by passages held, corpus-wide
#94

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: epistemology with evidence.
Concept co-occurrence, strongest first 8 concepts, joined by 16 pairings. 154 shared passages in all. 84 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
epistemologyevidence33
evidencelegal theory20
evidencejurisprudence16
evidencelegal procedure16
epistemologylegal theory14
evidencelogic11
biasevidence8
epistemologyjurisprudence6
epistemologylogic6
evidencelegislation4
jurisprudencelegislation4
jurisprudencelogic4
biaslegal theory3
epistemologylegislation3
legal theorylegislation3
legislationlogic3

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 you are here 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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