WorkJeremy Bentham

Nomography or the Art of Inditing Laws

Not what laws should say but how they should be written: Bentham's art of drafting statutes so plainly no citizen needs a lawyer to read them.

by Jeremy Bentham1,484 passages held

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

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Overview

Most philosophy of law asks what the laws should say; this fragment asks how they should be written. Nomography — Bentham's own coinage, meaning the art of drafting laws — treats legal writing as a craft with its own faults to be diagnosed and cured. He catalogues the ways a statute goes wrong as a piece of composition: ambiguity, obscurity, overbulk, entanglement, redundancy, all the failures of expression that leave a law meaning less, or more, or other than was intended, and that hand the deciding over to lawyers and judges. Against each fault he sets a remedy, on the conviction that a code can and should be written plainly enough for an ordinary citizen to read the law that binds them without paying for a translation — the workshop side of a lifetime spent denouncing the mystifying obscurity of English law. It is a late, unfinished piece, one of the fragments his executor gathered into the posthumous Works of 1838–43, and it carries an appendix setting out the logical instruments Bentham said he had used in composing his several works. Read now, it looks like an early treatise on what a later age would call legislative drafting and plain-language law, written by a man who held that the form of a statute was a moral matter and not a technicality.

Key concepts

What does the word nomography mean?

It is Bentham's own coinage for the art of drafting laws, the how of legal writing as opposed to the what of legal content. Where most philosophy of law asks what the laws should say, nomography asks how they should be written and treats legal composition as a craft with its own standards, its own characteristic faults, and its own remedies for them.

What are the faults of legal style Bentham names?

He catalogues the ways a statute goes wrong as a piece of composition: ambiguity, obscurity, overbulk, entanglement and redundancy, among others. Each is a failure of expression that leaves a law meaning less, or more, or other than was intended. Against every fault he sets a cure, so the work reads as a diagnostic manual, pairing each disease of legal writing with the drafting practice that removes it.

Why does Bentham treat the form of a law as a moral matter?

Because a badly written law hands the deciding over to lawyers and judges, taking real power from the citizen and the legislature. Obscurity is not a neutral defect of style; it shifts authority to those paid to interpret the confusion. So drafting plainly enough that an ordinary person can read the law that binds them, without paying for a translation, is for Bentham a demand of justice, not mere tidiness.

What is the appendix on logical instruments?

Attached to the fragment is an appendix in which Bentham sets out the logical instruments he said he had used across all his own work, the tools of classification, division and definition behind his codes. It ties the craft of drafting to his wider method, showing that clear legislation rests on clear thinking. The whole piece is late and unfinished, gathered by his executor into the posthumous Works.

Themes of the book

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

How a Law Should Be Written

Most philosophy of law asks what the laws should say; this one asks how they should be written, and treats bad drafting as a diagnosable disease with named faults and named cures.

Nomography, Bentham's own coinage for the art of drafting laws, takes legal writing as a craft with its own pathology. He catalogues the ways a statute goes wrong as a piece of composition: ambiguity, obscurity, overbulk, entanglement, redundancy, all the failures of expression that leave a law meaning less, more, or other than intended. Against each fault he sets a remedy. The conviction driving it is that the form of a statute is a moral matter and not a technicality, since a badly written law hands the deciding over to lawyers and judges. An appendix sets out the logical instruments he used across all his own work.

  • legal theory
  • legal reform
  • jurisprudence
  • logic
  • transparency

Law Plain Enough to Read Unaided

When a law is obscure, the power to say what it means passes quietly to those paid to interpret it; plain drafting is how that power is kept with the citizen it binds.

Behind the technical catalogue is a political conviction: a code can and should be written plainly enough for an ordinary citizen to read the law that binds them without paying for a translation. This is the workshop side of a lifetime spent denouncing the mystifying obscurity of English law. Obscurity, for Bentham, is never innocent; it transfers the real deciding from the legislature that ought to hold it to the profession that profits by the confusion. Read now, the fragment looks like an early treatise on what a later age would call legislative drafting and plain-language law, pursued as a matter of justice rather than style.

  • transparency
  • legal reform
  • accountability
  • justice
  • legal ethics

Within this work

passages held
1,484
distinct concepts
1,816
by passages held, corpus-wide
#13

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 procedure.
Concept co-occurrence, strongest first 8 concepts, joined by 9 pairings. 86 shared passages in all. 91 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
evidencelegal procedure23
jurisprudencelegal theory16
jurisprudencelegal procedure9
jurisprudencelegal reform8
evidencejurisprudence7
evidenceprocedural law7
evidencelegal reform6
jurisprudenceprocedural law6
evidencelegal theory4

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

    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 you are here 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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