WorkJeremy Bentham

Securities Against Misrule Adapted to a Mahommedan State

Constitutional checks on power designed for Tripoli — a Muslim state with no elected assembly — after a young reformer sought Bentham out in London.

by Jeremy Bentham500 passages held

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

Report a rights issue

Overview

Most of Bentham's constitutional schemes were built for Europe or the Americas; this one he built for a Muslim state on the Barbary coast. In 1822 a young Tripolitan reformer, Hassuna D'Ghies, sought Bentham out in London, and the old man set to designing institutions for Tripoli — a country with no representative tradition and, he assumed, none arriving soon. The question that gives the work its title is what can check a ruler where you cannot yet have an elected assembly to do it. Bentham's answer leans on publicity: a free press, the open circulation of information, and the pressure of what he called the public-opinion tribunal — the judgement of the governed, made visible, working as a standing restraint on those in power. He tried to fit these securities to the customs and religion of a Muslim state rather than to drop a European constitution on top of it. The writings date from 1822 and, like much of his constitutional work, stayed in manuscript for well over a century; first printed in the modern Collected Works, edited by Philip Schofield, in 1990. What the essays show is Bentham at the far stretch of his ambition — a man in a house in Westminster designing checks on power for a country he would never see, sure that the machinery of accountable government could be carried across any culture that would take it.

Key concepts

Why did Bentham write a constitution for Tripoli?

In 1822 a young Tripolitan reformer, Hassuna D'Ghies, sought Bentham out in London, and the old man set to designing institutions for Tripoli. Most of his constitutional schemes were built for Europe or the Americas; this one he made for a Muslim state on the Barbary coast, a country with no representative tradition and, he assumed, none arriving soon. The writings date from late 1822 and early 1823.

What question gives the work its title?

What can check a ruler where you cannot yet have an elected assembly to do it? The securities against misrule are the answer to that problem. Bentham could not assume a representative body in Tripoli, so he had to find restraints on power that do not depend on the vote, and the work is his attempt to supply them for exactly such a case.

What is the public-opinion tribunal?

It is Bentham's name for the judgement of the governed, made visible and brought to bear as a standing restraint on those in power. Where no assembly exists, the pressure of public opinion, informed by a free press and the open circulation of information, works as the check. Rulers who fear no ballot may still fear being seen and condemned by the people they govern.

How did Bentham adapt his design to a Muslim state?

He tried to fit his securities to the customs and religion of a Muslim state rather than drop a European constitution on top of it. The conviction driving the work is that the machinery of accountable government can be carried across any culture that will take it, if it is shaped to that culture. Tripoli adopted none of it, and the writings were first printed only in 1990.

Themes of the book

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

Restraining a Ruler Without a Vote

What can hold a ruler in check where you cannot yet have an elected assembly to do it? Bentham designs for a country with no representative tradition, and none, he assumes, arriving soon.

Most of Bentham's constitutional schemes were built for Europe or the Americas; this one he built for a Muslim state on the Barbary coast, after the young Tripolitan reformer Hassuna D'Ghies sought him out in London in 1822. The question that gives the work its title is what secures a people against misrule when the obvious instrument, a representative assembly, is not available. His wager is that the machinery of accountable government does not depend on the vote alone and can be carried across any culture that will take it, provided it is fitted to that culture's customs and religion rather than dropped on it like a borrowed constitution.

  • security
  • power
  • corruption
  • authority
  • education

The Tribunal of Public Opinion

Publicity is the check Bentham reaches for: a free press, the open circulation of information, and the visible judgement of the governed working as a standing restraint on those who hold power.

Where an assembly is lacking, Bentham's answer leans on publicity. A free press and open information expose what rulers do; and the pressure of what he called the public-opinion tribunal, the judgement of the governed made visible, works as a continuous restraint even without a ballot. Reputation, and the fear of standing condemned before the people, become the sanction. He tried to fit these securities to the customs and religion of a Muslim state rather than impose a foreign frame. The writings date from 1822 to 1823 and, like much of his constitutional work, were first printed only in 1990, in the modern Collected Works edited by Philip Schofield.

  • reputation
  • corruption
  • rhetoric
  • classification
  • public opinion

Within this work

passages held
500
distinct concepts
792
by passages held, corpus-wide
#65

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 10 pairings. 68 shared passages in all. 90 weaker pairings reach beyond these concepts and are not drawn.
ConceptPaired conceptShared passages
fallacyrhetoric17
punishmentutility11
ethicspunishment8
ethicsrhetoric7
legislationutility6
moral sanctionpunishment6
governancerhetoric4
legislationmoral sanction3
legislationrhetoric3
moral sanctionutility3

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

    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 you are here EN
Sign in or subscribe to discuss this work

— or open another of their works