WorkJeremy Bentham

Principles of International Law

The essays where Bentham put his coinage "international" to work — and sketched a plan for lasting peace through a court of nations and open diplomacy.

by Jeremy Bentham110 passages held

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

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Overview

The word "international" is Bentham's. He minted it in his Introduction to the Principles of Morals and Legislation of 1789, needing a name for the law between nations that the old phrase "law of nations" left blurred — and these essays take up the field he coined it for. Principles of International Law gathers four papers, written in the late 1780s and left, like so much of his work, to be printed only in the posthumous Works of 1838–43. Their boldest part is a plan for permanent peace. War between civilised states, Bentham argues, is almost always a net loss even for the victor; most of its causes — secret treaties, standing armies, the scramble for colonies — can be removed; and nations could put their quarrels to a common court whose only weapon need be publicity, the printed judgement of the world turned against the state that defied it. He wanted colonies given up, armies cut, and foreign policy taken out of the closed hands of cabinets and opened to public view. In an age of dynastic war the scheme was utopian and was read, where it was read at all, as a curiosity. Its afterlife came later: the machinery he sketched — arbitration, a court of nations, disarmament by agreement, open diplomacy — reads now as an anticipation of the League of Nations and the United Nations, and the word he minted for the subject became the ordinary name for the whole field of law he was writing in.

Key concepts

Why is the word 'international' Bentham's?

He coined it in his Introduction to the Principles of Morals and Legislation of 1789, needing a name for the law between nations that the older phrase, law of nations, left blurred. These essays take up the field the word was minted for. The coinage stuck: international became the ordinary name for the whole branch of law Bentham was writing in, one of his most lasting gifts to the language.

What did Bentham propose in place of war?

A common court of nations to which states would bring their disputes, backed not by an army but by publicity, the printed judgement of the world turned against any state that defied it. Around it he wanted open diplomacy, disarmament by agreement, and the surrender of colonies. The aim was to replace the settlement of quarrels by force with settlement by arbitration and the pressure of general opinion.

Why does Bentham think war rarely pays?

Because, honestly reckoned, the costs of war in lives, wealth, and lost trade almost always exceed its gains, even for the victor. What looks like profitable conquest is, on the whole account, a loss dressed as a triumph. This calculation underlies the entire peace plan: if war does not actually enrich the nations that wage it, most of the reasons offered for it collapse.

Which causes of war did Bentham want removed?

The ones he judged artificial rather than inevitable: secret treaties that bind nations without their knowledge, standing armies that make war easy to begin, the competitive scramble for colonies, and the conduct of foreign policy in the closed hands of cabinets. Remove these, he argues, and most occasions for war disappear. His remedy pairs disarmament and decolonisation with open diplomacy, so quarrels can be aired rather than fought.

Why was the work called utopian, and what became of it?

In an age of dynastic war, a plan to disarm nations and settle their quarrels by a powerless court read as a curiosity, and it drew little notice in Bentham's lifetime. Written in the late 1780s, it was printed only in the posthumous Works of 1838 to 1843. Its afterlife came later: the machinery it sketched anticipates the League of Nations and the United Nations.

Themes of the book

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

War as a losing account

Who actually gains when civilised nations go to war? Bentham runs the ledger and finds that war is almost always a net loss even for the victor, and its usual causes removable.

War between civilised states, Bentham argues, is almost always a net loss even for the side that wins, once its costs in lives, wealth, and trade are honestly counted. And most of its causes are not fixed features of the world but removable arrangements: secret treaties, standing armies, the scramble for colonies, foreign policy kept in the closed hands of cabinets. He wanted colonies given up, armies cut, and diplomacy opened to public view. In an age of dynastic war the reckoning read as utopian; its afterlife, in the League of Nations and the United Nations, came only long after his death.

  • justice
  • public policy
  • political economy
  • international law
  • jurisdiction

A court armed only with publicity

How could nations settle quarrels without a power above them to compel obedience? Bentham proposes a common court whose one weapon is the printed judgement of the world.

Bentham's boldest proposal is a common court to which nations bring their disputes, needing no army of its own. Its only weapon is publicity, the printed judgement of the world turned against the state that defies it, so that the pressure of general opinion does the work force would otherwise do. The design leans on exposure and shame rather than compulsion. Sketched in essays of the late 1780s and printed only posthumously, its machinery, arbitration, a court of nations, disarmament by agreement, open diplomacy, reads now as an anticipation of the international institutions the next century built.

  • deterrence
  • authority
  • infrastructure
  • colonialism
  • sovereignty

Within this work

passages held
110
distinct concepts
234
by passages held, corpus-wide
#178

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 12 pairings. 44 shared passages in all. 34 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
deterrencepunishment6
deterrencepenal theory5
deterrencepenology5
deterrencepsychology4
economicspunishment4
laborpunishment4
penologypunishment4
deterrencevisibility3
economicslabor3
penologypsychology2
psychologypunishment2
punishmentvisibility2

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 you are here 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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