WorkJeremy Bentham

Essay on the Promulgation of Laws and the Reasons Thereof

A law no one can find cannot fairly bind: Bentham's case that a state owes the public every statute — and the reasons behind it.

by Jeremy Bentham46 passages held

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

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Overview

Much of England's law, in Bentham's day, went unwritten — scattered through case reports, buried in Latin, knowable only through a paid lawyer. A state that punishes people under rules they cannot find, he argued, is not governing them but ambushing them. This short essay makes promulgation a condition of a law's authority rather than a courtesy: the sovereign owes the public the text of every law, arranged so that a citizen can locate what applies to them, taught in schools, and — the part Bentham pressed hardest — accompanied by the reasons behind it. A law whose grounds are stated invites obedience by conviction and lays itself open to criticism when the grounds are bad; a law that only commands does neither. Like most of his early legislative writing the piece was not published as he wrote it. It reached readers through Étienne Dumont's French redaction and appeared in English only in the posthumous Works of 1838–43. The demand it makes — that a rule kept secret or unintelligible cannot fairly bind anyone — outlived the essay and became a commonplace of what is now called the rule of law.

Key concepts

What does Bentham mean by promulgation?

The act by which the sovereign makes a law known to those it binds: publishing its text, arranging it so a citizen can find what applies to them, and teaching it. Bentham treats promulgation not as an administrative nicety but as a condition of a law's authority. A rule kept secret or unintelligible, on his view, cannot fairly bind anyone, since obedience to it becomes impossible by anything but luck.

Why must a law be published with its reasons?

Because reasons do work that bare commands cannot. A law whose grounds are stated invites obedience by conviction rather than fear, and it lays itself open to criticism when those grounds are bad. Bentham presses this hardest of all his demands: a bare command teaches nothing and cannot be tested, while a reasoned law both persuades the honest citizen and exposes the legislator who has no good reason to give.

Why did Bentham object to unwritten law?

In his day much of England's law lived in scattered case reports, often in Latin, reachable only through a paid lawyer. Bentham held that a state punishing people under rules they cannot locate is not governing them but ambushing them. The complaint drives his demand for a clear, published, findable code, so the ordinary person can know in advance what the law actually requires of them.

How does this essay connect to the rule of law?

The demand it makes, that a rule kept secret or unintelligible cannot fairly bind anyone, outlived the essay and became a commonplace of what is now called the rule of law. Bentham states as principle something later taken for granted: that legality requires laws to be public, knowable, and accessible in advance, never applied to people who had no fair chance to learn them.

How did this essay reach print?

Like most of Bentham's early legislative writing, it was not published as he wrote it. It reached readers through Étienne Dumont's French redaction and appeared in English only in the posthumous Works of 1838 to 1843. The short piece belongs with the cluster of early manuscripts in which Bentham worked out the conditions a genuine legal code would have to meet.

Themes of the book

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

A law the public can find

Can a state fairly punish people under rules they cannot locate or read? Bentham makes publishing the law, together with the reasons behind it, a condition of its authority rather than a courtesy.

Much of England's law went unwritten, scattered through case reports, buried in Latin, knowable only through a paid lawyer. A state that punishes under rules people cannot find, Bentham argues, does not govern them but ambushes them. So the sovereign owes the public the text of every law, arranged so a citizen can locate what applies, taught in schools, and, the part he presses hardest, accompanied by its reasons. A law whose grounds are stated invites obedience by conviction and opens itself to criticism when the grounds are bad; a law that only commands does neither.

  • authority
  • criminal law
  • punishment
  • deterrence
  • provocation
  • criminal responsibility

Within this work

passages held
46
distinct concepts
61
by passages held, corpus-wide
#236

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: logic with semantics.
Concept co-occurrence, strongest first 8 concepts, joined by 20 pairings. 69 shared passages in all. 22 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
logicsemantics9
ontologysemantics5
philosophy of languagesemantics5
epistemologylogic4
linguisticslogic4
linguisticsphilosophy of language4
logicphilosophy of language4
metaphysicsontology4
epistemologyphilosophy of language3
epistemologysemantics3
languageontology3
linguisticssemantics3
logicontology3
metaphysicsphilosophy of language3
epistemologylinguistics2
epistemologymetaphysics2
linguisticsmetaphysics2
linguisticsontology2
logicmetaphysics2
ontologyphilosophy of language2

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 you are here 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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