WorkJeremy Bentham

Leading Principles of a Constitutional Code for Any State

The compact 1823 manifesto of the democratic state Bentham's unfinished Constitutional Code was to build in full — power in the people, officials answerable throughout.

by Jeremy Bentham12 passages held

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

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Overview

By the 1820s Bentham was at work on a vast Constitutional Code, the crowning attempt to set out the machinery of a well-run state from first principles, and he never finished it. Leading Principles of a Constitutional Code for Any State is the compressed statement of what that enormous work was to argue, published in 1823 in the journal The Pamphleteer while the code itself stayed incomplete. In a few pages it fixes the end — the greatest happiness of the greatest number, and specifically of the many rather than the ruling few — and derives from it a frame of government meant to serve that end and no sinister interest: sovereignty in the whole people, a single representative assembly chosen on a wide and secret franchise, officials appointed for fitness, paid modestly, and held answerable at every point to those they serve. The design is frankly republican and democratic, worked out with none of the deference to existing constitutions that softened the reform pamphlets of the day. It circulated as a manifesto among the philosophic radicals gathering around Bentham, and it shows, in miniature and in finished form, the political system his last years were spent trying to build in full — the democratic conclusion that a lifetime of utilitarian argument had finally brought him to.

Key concepts

What is the greatest happiness principle in this code?

The end Bentham fixes for all government: the greatest happiness of the greatest number, and specifically of the many rather than the ruling few. Every feature of the constitution he sketches is derived from it. A government is legitimate only so far as it actually serves that end, which is why he designs institutions to prevent rulers from substituting their own interest for the community's.

What does Bentham mean by sinister interest?

The private interest of those in power when it diverges from the interest of the governed, the pull that tempts officials to serve themselves at the public's expense. Bentham's constitutional design is built to frustrate it: wide suffrage, short accountability, modest pay, and appointment for fitness are all devices to keep rulers from turning their offices into means of private advantage rather than public service.

What form of government does this work argue for?

A frankly republican democracy: sovereignty in the whole people, a single representative assembly elected on a wide and secret franchise, and officials chosen for fitness, paid modestly, and answerable throughout to those they serve. Bentham drops the deference to existing constitutions common in reform writing of his day and derives the whole frame from utility, arriving at the democratic conclusion his earlier work had not yet reached.

How does this relate to Bentham's Constitutional Code?

It is the compressed statement of what that vast, unfinished work was to argue. Bentham spent his last years on the full Constitutional Code, the crowning attempt to lay out the machinery of a well-run state from first principles, and never completed it. Published in 1823 in The Pamphleteer, these Leading Principles give the finished argument in miniature while the code itself stayed incomplete.

Why does Bentham insist officials be paid modestly?

Because high pay and grand office turn public service into a prize worth capturing for private gain, feeding the sinister interest he wants to suppress. Modest salaries, together with appointment for fitness and constant accountability, are meant to attract people who will do the work rather than plunder the post. It is one piece of a design that trusts institutions, not the virtue of rulers, to keep government honest.

Themes of the book

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

Government answerable to the many

For whose happiness should a state be built, the ruling few or the governed many? Bentham fixes the end as the greatest happiness of the greatest number and designs a government to serve no lesser interest.

In a few compressed pages Bentham fixes the end of government, the greatest happiness of the greatest number, and specifically of the many rather than the ruling few, then derives a frame to serve it and no sinister interest. Sovereignty rests in the whole people; a single representative assembly is chosen on a wide and secret franchise; officials are appointed for fitness, paid modestly, and held answerable at every point to those they serve. Frankly republican and democratic, with none of the deference to existing constitutions that softened the reform pamphlets of the day, it is the democratic conclusion a lifetime of utilitarian argument had finally brought him to.

  • utilitarianism
  • distributive justice

Within this work

passages held
12
distinct concepts
30
by passages held, corpus-wide
#284

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 taxonomy.
Concept co-occurrence, strongest first 6 concepts, joined by 5 pairings. 11 shared passages in all.
ConceptPaired conceptShared passages
logictaxonomy3
epistemologylogic2
history of philosophylogic2
logicmetaphysics2
logicmethodology2

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 you are here 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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