WorkJeremy Bentham

Pannomial Fragments

Fragments toward the Pannomion — Bentham's projected complete body of law — laying the foundations of a code meant to replace all others.

by Jeremy Bentham65 passages held

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

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Overview

A nation's laws, Bentham insisted all his life, should form a single, complete, gapless whole — a body he named the Pannomion, from the Greek for all the laws — rather than the patchwork of custom, precedent and stray statute he found around him. Pannomial Fragments is a set of pieces toward the foundations of that whole, left unfinished and gathered into the posthumous Works. In them he works at the groundwork such a code would need: the ends law exists to serve, restated as the greatest happiness; the nature of rights and duties, which he holds are made by law and do not exist before it; the springs of human action a legislator must reckon with; and the way the civil, penal, constitutional and procedural parts of law fit together as divisions of one design rather than separate trades. The fragments never became the thing they were fragments of. The Pannomion was the great unbuilt cathedral of Bentham's career, projected for decades and never completed. What survives is the theoretical skeleton, printed after his death, and it is where a reader sees most plainly the ambition behind everything else he wrote: not to improve the law here and there, but to replace the whole of it with something built on purpose.

Key concepts

What is the Pannomion?

The Pannomion is Bentham's name, from the Greek for all the laws, for a nation's laws formed into a single complete and gapless whole, rather than the patchwork of custom, precedent and stray statute he found around him. It was the great unbuilt cathedral of his career, projected for decades and never completed. These fragments are pieces toward its foundations, gathered into the posthumous Works.

Why does Bentham say rights and duties are made by law?

Because on his account they do not exist before law creates them. Against the natural-rights tradition, which treats rights as prior facts a legislator merely recognises, Bentham holds that a right is a creature of law, real only in the duties and expectations the law establishes. There are no rights waiting in nature to be found; law makes them, and it makes them to serve the greatest happiness.

What ends does Bentham say law exists to serve?

One end above all, restated here as the greatest happiness. Everything in a complete code is meant to answer to it. The fragments accordingly work at the ends law serves, the nature of rights and duties, and the springs of human action a legislator must reckon with, the real motives that move people, since a code that ignores how people actually behave cannot deliver the happiness that justifies it.

How do the branches of law fit together for Bentham?

As divisions of one design, not separate trades. The civil, penal, constitutional and procedural parts of law are meant to interlock as sections of a single planned whole, the Pannomion, each shaped to the same end. This is what sets his project apart from ordinary reform: he wanted not to patch particular laws but to build the entire structure at once, on purpose, from the foundations these fragments sketch.

Themes of the book

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

The Pannomion, One Whole Law

A nation's laws should form a single complete gapless whole built on purpose, not the patchwork of custom, precedent and stray statute Bentham found around him; these are the foundations of that never-built design.

The Pannomion, from the Greek for all the laws, was the great unbuilt cathedral of Bentham's career, projected for decades, never completed. Against the inherited jumble of custom and precedent he set the ideal of a code drawn up entire, its civil, penal, constitutional and procedural parts fitting together as one design rather than separate trades. These fragments work at the groundwork such a whole would need. What survives is the theoretical skeleton, printed after his death, and it is where a reader sees most plainly the ambition behind everything else he wrote: not to improve the law here and there, but to replace the whole of it.

  • law
  • utility
  • constitutionalism
  • legislation
  • security

Rights Are Made, Not Found

Rights and duties do not float free of law waiting to be discovered; law creates them, and it does so to serve one end, the greatest happiness. Everything else in the design follows from that.

In the fragments Bentham lays the theoretical foundations a complete code would rest on. Chief among them is his insistence that rights and duties are made by law and do not exist before it, against the natural-rights tradition that treats them as prior facts a legislator merely acknowledges. The end law exists to serve is restated as the greatest happiness, and the legislator must reckon with the real springs of human action, the motives that actually move people. From these foundations the whole edifice is meant to rise, which is why the fragments matter beyond their incompleteness: they show the reasoning beneath the codes.

  • utility
  • authority
  • law
  • equality
  • utilitarianism

Within this work

passages held
65
distinct concepts
164
by passages held, corpus-wide
#215

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 political strategy.
Concept co-occurrence, strongest first 8 concepts, joined by 6 pairings. 13 shared passages in all. 8 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
governancepolitical strategy3
accountabilitygovernance2
aptitudegovernance2
corruptiondependency2
corruptiongovernance2
dutygovernance2

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

    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 you are here 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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