bentham afragmentongover00bentuoft
TRANSCRIPT
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FROM-THElBHTORyOF
TRINITYCOLLEGETORDNTO
Presented
by
The
Reverend
Oswald
Rigby,M.
A.
,
LL
D.
Sometime Professor
of
History
in
Trinity
College
A.D.
1913.
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BENTHAM
ON
GOVERNMENT
MONTAGUE
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HENRY
FROWDE
OXFORD
UNIVERSITY
PRESS
WAREHOUSE
AMEN
CORNER,
E.G.
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A
FRAGMENT
ON
GOVERNMENT
BY
JEREMY
BENTHAM
WITH
AN
INTRODUCTION
BY
F.
C.
MONTAGUE,
M.A.
LATE
FELLOW OF ORIEL
COLLEGE
AT THE
CLARENDON PRESS
1891
[All rights
reserved,
~\
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B
PRINTED
AT
THE
CLARENDON
PRESS
BY
HORACE
HART,
PRINTER
TO
THE
UNIVERSITY
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EDITOR
S
PREFACE,
THE
bulk
of Bentham
s
writings
has
passed
into
not
unjust
oblivion.
It
would
be
impossible
to renew the
life
of
works
so
voluminous,
so
technical,
and so
frequently
disfigured
by
oddities
of
thought
and
style.
But
it
would
be
unfortunate
if
those
works which
most
adequately
represent
Bentham
s
peculiar
genius
and
which have
left a mark
upon speculation
in
England
were
to
remain
buried
under the
weight
of
dead,
unprofitable
matter.
These
works
may
the
more
easily
be
made available
inasmuch as
they
are few and
not of
great
length.
Chief
amongst
them
are the
Fragment
on
Government,
and
the
Principles
of
Morals
and
Legislation.
The
latter
treatise
has
already
been
re
printed
by
the
Clarendon Press.
The
Fragment
on
Government,
which has
long
been
out
of
print,
is
now
r
offered
to
the
public.
The
Introduction
prefixed
aims
at
shewing
the
place
of
Bentham
in
the
history
of
thought,
and the
significance
of the
Fragment
as a
contribution
to
political
philosophy,
F.
C.
M.
OXFORD
:
December, 1890.
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CONTENTS.
EDITOR
S
INTRODUCTION
.........
1-90
I.
Life of
Bentham
, i
II.
Characteristics
14
III.
Contributions to
Theory
of
Legislation
....
21
IV.
The
Fragment
on
Government
.....
58
BENTHAM
S FRAGMENT
ON
GOVERNMENT.
PREFACE
TO
THE
FRAGMENT
........
93-125
Motives
of
the
present
undertaking
......
93
History
of
it
94
The
business of
the Censor
distinguished
from
that
of the
Ex
positor
...........
98
The
latter
alone
our Author s
.......
99
Laws
ought
to
be
scrutinized
with freedom
....
100
Our
Author
why
attacked in
the
character
of
an
Expositor
.
106
Reprehensible
passages
from the work
at
large
.
.
. 108
Its
merits
...........
116
Idea
of
a
natural
arrangement
.......
118
Merits
of the work
resumed
.
. .
.
.
. .
122
Manner
in
which
the
present
Essay
has
been
conducted
.
.
123
INTRODUCTION
...........
127-130
I.
Division of
our Author
s Introduction
....
127
II.
What
part
of
it is here
to
be
examined
....
128
III.
His
definition
of
Law
Municipal
.....
128
IV.
A
digression
in
the
middle
of
it.
Its
general
contents
.
128
V. This
digression
the
subject
of
the
present
examination
.
129
VI.
Our Author
s
sketch of
the contents
....
129
VII.
Inadequate
.........
130
VIII.
Division
of
the
present
Essay
......
130
CHAPTER
I.
...........
131
163
I.
Subject
of
the
passage
to
be
examined
in
the
present
chapter
131
II.
The
passage
recited
........
131
III.
Confusion
among
the
leading
terms
of it
.
.
.
.
133
IV.
Society
put
synonymous
to a
state of
nature,
opposed
to
Government,
and
spoken
of as
having
existed
.
134
V.
Society put
synonymous
to
government
.
.
134
VI.
A
state of
nature
spoken
of,
as never
having
existed .
135
VII.
Original contract,
its
reality
denied
....
135
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viii
Contents.
PAGE
VIII.
asserted 136
IX.
Attempt
to
reconcile
these
contradictions
Society
dis
tinguished
into
natural and
political
.
.
.
136
X.
Idea
of
political
society
137
XI. Idea
of
natural
society
137
XII.
Difficulty
of
drawing
the
line
between
the two states
.
137
1.
A
habit
138
2.
A
habit
of
obedience
.......
138
3.
An act
of
obedience
.......
138
4.
An
act
of
political
obedience
.
.
.
.
.
138
5.
An
expression
of
will
.
.
.
.
. .
138
6.
A
parole
expression
of
will
.
. .
.
.
138
7.
A
tacit
expression
of
will .
.
.
.
.
.
138
8.
A
command
........
138
9.
A fictitious
command
.
.
.
.
.
139
10.
Commands
and
quasi-commattds
....
139
11.
Illustration
Statute
Law,
and Common
Law
.
.
139
12.
Duty point
of
duty
.
139
13.
Use
of
the
above
chain
of
definitions .
.
.
.
139
14.
Habit
of
obedience
measure
of
its
perfections
.
.
139
15.
Illustration
........
139
16.
Political
union
or
connection .
.
.
.
.
140
17.
Submission
subjection
.
.
. .
.
.
140
18.
Submission
and
subjection
.....
140
XIII. A
perfect
state of nature not more chimerical
than
a
per
fect
state of
government
139
//
is
not
a
family
union,
however
perfect,
that
can
con
stitute
a
political
society why
....
140
XIV. State
of nature a relative
expression
....
141
XV.
Different
degrees
of
subjection
among
governors
.
.
142
XVI. The
same
person
alternately
in
a state of
political
and
natural
society
with
respect
to different societies
.
142
XVII.
In
the same
political
society
the
same
persons
alter
nately
governors
and
subjects,
with
respect
to
the
same
persons
........
143
XVIII.
Hints of several
topics
that must
be
passed
by
.
.
143
XIX. The
same
society
alternately
in
a
state
of
nature
and
a state
of
government
.
....
144
XX.
Instance
the
Aborigines
of
America ....
144
XXI.
Characteristic
of
political
union
.....
144
XXII.
Among
persons
already
in a
state
of
political
union
at
what
instant
a
new
society
can
be
said
to
be
formed,
by
defection
from
a former
.....
145
XXIII.
Firstly,
in
case
of
defection
by
whole
bodies,
instance
the
Dutch
provinces
......
146
XXIV.
Secondly,
in
case of
defection
by
individuals
instances.
Rome
Venice
.......
146
XXV.
A
revolt,
at
what
juncture
it
can be
said
to
have
taken
place
147
XXVI. Disobediences
what
do not
amount to a
revolt
.
.
.
147
1.
Disobedience
unconscious
with
respect
to the
fact .
147
2.
Disobedience
unconscious
with
respect
to
the
Laiv
.
147
3.
Illustration
.
147
Disobediences
fraudulent
and
forcible
M