WorkJeremy Bentham

Principles of the Civil Code

Property is a settled expectation, and the civil law exists to guard it — Bentham ranks security of possession above even equality of wealth.

by Jeremy Bentham216 passages held

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

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Overview

Property, on the argument of this book, is nothing but a settled expectation — the confidence that what you hold today you will still hold tomorrow — and the whole business of the civil law is to protect that confidence, because a society that lets expectations be disappointed at will has destroyed the motive to work, to save and to build. Principles of the Civil Code sorts the ends the civil law serves into four — subsistence, abundance, equality and security — and then, where they collide, ranks security above the rest. Bentham concedes that an equal spread of wealth would, pound for pound, yield more happiness, since a shilling means more to a poor man than to a rich one; but he will not buy equality at the price of security, because seizing property to redistribute it teaches everyone that nothing they own is safe, and that fear does more harm than the transfer does good. The balance he strikes — reformist about poverty, immovable about security of possession — became one of the most influential things he wrote on law and economics. Like its companion on penal law, the work was never published by Bentham himself. Étienne Dumont assembled it from manuscripts and issued it in French in the Traités de législation of 1802, from which it was later retranslated; through that French edition it shaped legal reformers across Europe and Latin America long before English readers had it whole.

Key concepts

What is property, according to this book?

Not a physical hold on an object but a settled expectation, the well-founded confidence that what you possess now you will keep and enjoy in future. Property is a creature of law: it exists only where the law guarantees the expectation, and it vanishes where that guarantee fails. This is why Bentham says there was no property before law and can be none secure without it.

What are the four ends of the civil law?

Subsistence, abundance, equality, and security. Civil law aims to keep people alive, to encourage wealth, to spread it more evenly, and to protect what each already holds. Ordinarily these support one another, but when they clash a legislator must rank them. Bentham's ranking, worked out in this book, puts security first and treats the others as goods to be pursued only so far as security allows.

Why does Bentham rank security above equality?

Because disappointing settled expectations does more harm than redistribution does good. He grants that equal wealth would yield more happiness overall, since money means more to the poor, but seizing property to level it teaches everyone that nothing they hold is safe. The resulting fear paralyses work and saving. Security is the condition on which the other ends, abundance included, actually depend.

Why does disappointing expectation do such harm?

Because expectation is what links present effort to future reward. A person works, saves, and builds only on the confidence of keeping what results. Disappoint that confidence and you cut the nerve of industry, spreading a fear that reaches far beyond the single loss. For Bentham the pain of a disappointed expectation is sharper and more corrosive than the mere want of a good never possessed.

How did this work reach the public?

Like its companion on penal law, Bentham never published it himself. Étienne Dumont assembled it from manuscripts and issued it in French within the Traités de législation of 1802, from which it was later retranslated into English. Through that French edition it shaped legal reformers across Europe and Latin America long before English readers had the work whole.

Themes of the book

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

Property is a settled expectation

What is a person really protecting when they claim something as their own? On Bentham's account, nothing but an expectation, the confidence that what they hold today they will hold tomorrow.

Property, Bentham argues, is not a physical grip on a thing but a settled expectation, the confidence that what you hold today you will still hold tomorrow. The whole business of the civil law is to protect that confidence, because a society that lets expectations be disappointed at will has destroyed the motive to work, to save, and to build. Take away the assurance and you take away the reason anyone plants a crop they will not be there to reap. The law does not find property in nature; it creates it by guaranteeing the expectation, and stands or falls by how well it keeps that guarantee.

  • utility
  • legislation
  • self-interest
  • justice
  • political economy
  • property

Security ranked above equality

When the aims of civil law collide, which gives way? Bentham grants that equal wealth would yield more happiness, yet ranks security of possession above it, and explains why.

Civil law serves four ends, Bentham says: subsistence, abundance, equality, and security. Where they collide he ranks security first. He concedes that an equal spread of wealth would, pound for pound, yield more happiness, since a shilling means more to a poor man than a rich one, yet he will not buy equality at the price of security. Seizing property to redistribute it teaches everyone that nothing they own is safe, and that fear does more harm than the transfer does good. The balance he strikes, reformist about poverty but immovable about possession, shaped law and economics for a century.

  • reform
  • morality
  • political economy
  • equality
  • security
  • property rights

Within this work

passages held
216
distinct concepts
412
by passages held, corpus-wide
#122

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: fallacy with rhetoric.
Concept co-occurrence, strongest first 8 concepts, joined by 13 pairings. 70 shared passages in all. 83 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
fallacyrhetoric15
fallacylogic12
authorityepistemology9
logicrhetoric8
reformrhetoric6
authorityfallacy5
governancesovereignty3
authoritygovernance2
authorityreform2
authorityrhetoric2
epistemologyfallacy2
fallacyreform2
governancereform2

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 you are here 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

    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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