WorkJeremy Bentham

Codification Proposal

Bentham's 1822 open letter to the world's governments, offering to draft any nation a complete code of laws — free of charge.

by Jeremy Bentham92 passages held

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

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Overview

Late in life Bentham decided the way to get a rational code of laws adopted was to offer to write one, for any government that would have him, at no charge. The Codification Proposal, Addressed by Jeremy Bentham to All Nations Professing Liberal Opinions is that offer, printed in 1822 and sent abroad — an advertisement of his credentials as a legislator, bundled with testimonials he had been collecting since 1814, pressing the case that laws should be gathered into a single clear written code rather than left to the scattered, judge-made muddle of the English system he despised. Behind the sales pitch lay a serious theory: that a complete body of law, a Pannomion, could be drawn up whole on utilitarian principles and would serve any people better than inherited custom — and a serious ambition to be the man who supplied it. Governments in the United States, in Portugal, Spain, Greece and the new republics of Latin America were among those he approached or who approached him. None handed him the commission, and the grand offer went largely unanswered. But the pamphlet marks the turn at which Bentham stopped writing for England and cast himself as legislator to the world; the codifying ambition it promoted did more than the offer itself ever did, shaping how the next century's states thought about writing their laws down.

Key concepts

What exactly was Bentham proposing in this pamphlet?

Late in life he decided the way to get a rational code of laws adopted was to offer to write one, for any government that would have him, at no charge. The Codification Proposal, printed in 1822 and addressed to all nations professing liberal opinions, is that offer, an advertisement of his credentials as a legislator, bundled with testimonials he had been collecting since 1814.

What is the Pannomion?

The Pannomion is Bentham's name for a complete body of law, drawn up whole on utilitarian principles rather than accumulated by custom and precedent. The serious theory behind the Proposal's sales pitch is that such a code could be built entire and would serve any people better than inherited law. The offer to codify was, in effect, an offer to supply a nation its Pannomion.

Why did Bentham prefer a written code to English common law?

He despised the English system as a scattered, judge-made muddle, law known only through precedent and the profession paid to interpret it. A written code gathers the law into a single clear text, fixed in advance, that an ordinary citizen could read. For Bentham this was not mere convenience but the difference between law a people can govern themselves by and law kept obscure at their expense.

Did any government take up his offer?

None did. Governments in the United States, Portugal, Spain, Greece and the new Latin American republics were among those he approached or who approached him, but no one handed him the commission and the grand offer went largely unanswered. Its importance lies elsewhere: the pamphlet marks the turn at which Bentham cast himself as legislator to the world and points toward the unfinished Constitutional Code.

Themes of the book

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

A Code, Not a Muddle

Should a nation's law be gathered whole into one clear written code a citizen can read, or left as the scattered, judge-made patchwork the English inherited? Behind the pamphlet's sales pitch stands that question.

Bentham's abiding conviction was that a complete body of law could be drawn up whole, on utilitarian principles, and would serve any people better than inherited custom. He called that projected whole the Pannomion. Against it he set the English system he despised: law made piecemeal by judges after the fact, scattered through precedent, knowable only to the profession paid to interpret it. A written code, by contrast, fixes the law in advance in language a citizen can read without a lawyer. The Proposal presses that case as the serious theory beneath the offer, that codification is not tidying but a different and better way of making law at all.

  • legislation
  • legal theory
  • legal reform
  • legal interpretation
  • legal codification

Legislator to the World

Late in life Bentham offered to write a code of laws for any government that would have him, free of charge; the reach of the offer outran every result it ever brought.

Printed in 1822 and sent abroad, the Proposal is Bentham's advertisement of himself as legislator, bundled with testimonials he had gathered since 1814 and addressed to all nations professing liberal opinions. It marks the turn at which he stopped writing for England and cast himself as legislator to the world: governments in the United States, Portugal, Spain, Greece and the new Latin American republics were among those he approached or who approached him. None handed him the commission, and the grand offer went largely unanswered. Yet the codifying ambition it promoted did more than the offer itself, shaping how the next century's states thought about writing their laws down.

  • legislation
  • legal reform
  • political philosophy
  • utilitarianism
  • incentives

Within this work

passages held
92
distinct concepts
208
by passages held, corpus-wide
#187

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 legislation.
Concept co-occurrence, strongest first 8 concepts, joined by 6 pairings. 14 shared passages in all. 19 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
governancelegislation3
languagerhetoric3
languagelegislation2
languagerights2
legislationrhetoric2
legislationrights2

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 you are here 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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