WorkJeremy Bentham

Principles of Judicial Procedure with the Outlines of a Procedure Code

The subject Bentham worried at for thirty years: how a court should actually run, judged by a single test — reaching the right decision at least cost.

by Jeremy Bentham578 passages held

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

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Overview

Procedure — the rules that govern how a case actually moves through a court — was the subject Bentham returned to for more than thirty years, and Principles of Judicial Procedure is the distillation of that long preoccupation, assembled from his manuscripts and printed only after his death. His governing idea is simple and radical: the whole and only proper end of procedure is a correct decision — that the guilty are convicted, the innocent cleared, and the party in the right prevails — reached with the least possible delay, expense and vexation to those caught up in it. Measured against that end, English procedure struck him as almost built to defeat it: a technical system whose forms, fees, fictions and rules for shutting out evidence served the men who ran it rather than the truth it was meant to find. Against it he set what he called a natural system, modelled on how a sensible head of a household would settle a dispute — hear everyone, look at everything, decide on the merits — with a single judge, no artificial bars to relevant testimony, and the costs kept off the backs of the poor. The book gathers a lifetime's assault on legal obstruction into one frame. It reformed no courts by itself, but the direction it pointed — cheaper, faster, less technical justice, and the steady scrapping of the old exclusionary rules of evidence — is broadly the direction English procedure took in the century after he died.

Key concepts

What does Bentham say is the end of procedure?

A correct decision, and nothing else: that the guilty are convicted, the innocent cleared, and the party in the right prevails, reached with the least possible delay, expense, and vexation. Every rule of court is to be measured against this single end. Bentham calls it the direct end, delay, expense, and vexation being the collateral evils a good procedure keeps as small as the direct end allows.

What is the natural system of procedure?

Bentham's model for how a court should work, drawn from how a sensible head of a household would settle a dispute: hear everyone, examine everything, and decide on the merits. It means a single judge, no artificial bars to relevant testimony, and costs kept off the poor. He opposes it to the technical system of English law, whose forms and fictions he thought served insiders rather than truth.

What is the technical system Bentham attacks?

English procedure as it stood: a mass of forms, fees, fictions, and rules excluding evidence, which Bentham judged almost designed to defeat correct decisions. He argues its complexity was not neutral but profitable to the lawyers and officials who worked it, at the parties' expense. Against this technical system he sets his natural one, simpler, cheaper, and aimed straight at the merits of the case.

Why did Bentham oppose rules that exclude evidence?

Because shutting out relevant testimony makes a wrong decision more likely, and a correct decision is the only end procedure has. Rules barring whole classes of witnesses or kinds of proof struck him as sacrificing truth to technicality. His principle was to admit everything relevant and let the judge weigh it, trusting examination rather than exclusion. English law moved his way over the following century, steadily scrapping the old exclusionary rules.

How did this book come to be, and what came of it?

It distils more than thirty years of Bentham's thinking on procedure, assembled from his manuscripts and printed only after his death. It reformed no courts by itself, but the direction it pointed, cheaper, faster, less technical justice and the steady abolition of exclusionary evidence rules, is broadly the direction English procedure took in the century that followed.

Themes of the book

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

The one end of procedure

What is a court's method actually for? Bentham allows procedure a single end, the correct decision, reached with the least delay, expense, and vexation it can manage.

The whole and only proper end of procedure, Bentham holds, is a correct decision: the guilty convicted, the innocent cleared, the party in the right prevailing, reached with the least possible delay, expense, and vexation to those caught up in it. Everything a court does is to be judged against that end and nothing else. Against it he sets a natural system modelled on how a sensible head of a household would settle a dispute, hear everyone, look at everything, decide on the merits, with a single judge and no artificial bars to relevant testimony. A rule that does not serve the correct decision has no claim to survive.

  • utility
  • legal theory
  • jurisprudence
  • evidence
  • utilitarianism
  • access to justice

Technical law serves its insiders

Whose interests does an elaborate, fee-ridden legal system really serve? Bentham reads English procedure as machinery built to profit the men who run it, not to find the truth.

Measured against the end of a correct decision, English procedure struck Bentham as almost built to defeat it. Its forms, fees, fictions, and rules for shutting out evidence served the lawyers and officials who ran the system rather than the truth it was meant to find. He treats technicality not as harmless complexity but as a machine for delay, expense, and vexation from which insiders profit. The remedy is to strip it away: a single judge, costs kept off the backs of the poor, and the steady scrapping of the exclusionary rules of evidence. The direction he pointed became, broadly, the direction English procedure took after him.

  • corruption
  • common law
  • legal reform
  • transparency
  • accountability
  • expertise
  • judicial procedure

Within this work

passages held
578
distinct concepts
927
by passages held, corpus-wide
#52

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: codification with legal reform.
Concept co-occurrence, strongest first 8 concepts, joined by 14 pairings. 97 shared passages in all. 86 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
codificationlegal reform13
codificationlegislation13
codificationlegal theory11
codificationjurisprudence9
legal theorylegislation9
jurisprudencelegal theory8
accountabilitylegislation6
codificationtransparency6
legislationtransparency6
accountabilitytransparency4
legal reformlegislation4
governancetransparency3
jurisprudencelegal reform3
accountabilitygovernance2

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 you are here 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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