WorkJeremy Bentham

Papers Relative to Codification and Public Instruction

The 1811–15 letters — to Madison, to a US governor, to the Tsar — in which Bentham privately offered to codify other nations' laws.

by Jeremy Bentham280 passages held

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

Report a rights issue

Overview

Before Bentham turned his offer to codify the world's laws into a single printed advertisement, he had been making it privately, by letter, for years. Papers Relative to Codification and Public Instruction, published in 1817 with a supplement, gathers that correspondence — letters written between 1811 and 1815 to and about foreign governments he hoped might commission a code from him. His correspondents included James Madison, lately president of the United States, Simon Snyder, the governor of Pennsylvania, and, at a greater remove, the Russian emperor Alexander I. The volume shows Bentham the salesman: pressing his conviction that a nation's laws should be codified whole on utilitarian lines, offering to do the drafting himself, and folding in his schemes for public education as part of the same reforming package. It is really the working papers of the campaign that the Codification Proposal would advertise more grandly five years later, and a seed from which the Constitutional Code grew. None of the governments took him up. What the book records is the point at which an English recluse, ignored at home, began treating the whole world as his potential client — a reach that outran every result it brought him in his lifetime.

Key concepts

What does this volume actually collect?

It gathers Bentham's correspondence written between 1811 and 1815 to and about foreign governments he hoped might commission a code of laws from him, published in 1817 with a supplement. Rather than a treatise, it is the working papers of a private campaign: the letters in which he pressed his offer to codify, before he turned that offer into a single printed advertisement five years later.

Who were Bentham's correspondents here?

They included James Madison, lately president of the United States, Simon Snyder, the governor of Pennsylvania, and, at a greater remove, the Russian emperor Alexander I. The range is the point: an English recluse, ignored at home, was by these years treating the whole world as his potential client, writing to presidents, governors and emperors alike with the same proposal to draft their laws.

How does this relate to the later Codification Proposal?

It is the earlier, private version of the same campaign. The Papers record the offer being made quietly, by letter, from 1811; the Codification Proposal of 1822 would advertise it grandly and in print to all nations. The volume is thus the working papers behind that later pamphlet, and among the beginnings of the Constitutional Code that grew out of the whole effort.

Why is public instruction in the title alongside codification?

Because Bentham folded his schemes for public education into the same reforming package as his offer to codify. He did not treat law reform and schooling as separate causes but as parts of one design, to be pressed on the same governments in the same letters. The pairing marks how comprehensive his ambition was, reaching past the law itself to the people who would live under it.

Themes of the book

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

The Offer Made by Letter

Before the grand printed advertisement, Bentham made his codifying offer privately, by post, to whatever government might take it; these are the working papers of a one-man campaign that outran its every result.

The volume gathers correspondence written between 1811 and 1815 to and about foreign governments Bentham hoped might commission a code from him. His correspondents included James Madison, lately president of the United States, Simon Snyder, governor of Pennsylvania, and, at a greater remove, the Russian emperor Alexander I. It shows Bentham the salesman, pressing his conviction that a nation's laws should be codified whole on utilitarian lines and offering to do the drafting himself. It is really the working papers of the campaign that the Codification Proposal would advertise more grandly five years later, and a seed from which the Constitutional Code grew. None of the governments took him up.

  • legislation
  • legal reform
  • utility
  • justice
  • public opinion

Codes and Schooling Together

For Bentham the reform of a nation's laws and the instruction of its people were not two projects but one; the offer to codify came bundled with schemes to educate.

The title pairs codification with public instruction on purpose. Alongside the offer to draft a nation's laws, Bentham folds in his schemes for public education, treating them as parts of a single reforming package rather than separate causes. A code built on the greatest happiness needs a public equipped to live under it, and the same utilitarian design that orders the law can order the schooling. The pairing shows how wide his ambition ran: to remake not only what governed a people but what prepared them for it, and to sell both to the same distant governments in the same letters.

  • education
  • legislation
  • legal reform
  • utility
  • public opinion

Within this work

passages held
280
distinct concepts
518
by passages held, corpus-wide
#107

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: deterrence with punishment.
Concept co-occurrence, strongest first 8 concepts, joined by 15 pairings. 76 shared passages in all. 85 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
deterrencepunishment12
justicerestitution9
punishmentutility9
legislationpunishment8
justicepunishment6
legislationutility5
justiceproportionality4
proportionalitypunishment4
punishmentrestitution4
deterrencelegislation3
deterrenceproportionality3
deterrenceutility3
deterrencejustice2
justicelegislation2
justiceutility2

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

    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 you are here 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
Sign in or subscribe to discuss this work

— or open another of their works