Leslie Stephen

“ The most real of pleasures for him lay in speculating upon the general principles by which the 'people in power' should be guided. To construct a general chart for legislation, to hunt down sophistries, to explode mere noisy rhetoric, to classify and arrange and re-classify until his whole intellectual wealth was neatly arranged in proper pigeon-holes, was a delight for its own sake. He wished well to mankind; he detested abuses, but he hated neither the corrupted nor the corruptors ”

“ The law itself, in fact, ultimately rests upon 'custom,'—upon the whole system of instincts, beliefs, and passions which induce people to obey government, and are, so to speak, the substance out of which loyalty and respect for the law is framed. These, again, are the product of an indefinitely long elaboration, which Bentham takes for granted. He assumes as perfectly natural and obvious that a number of men should meet, as the Americans or Frenchmen met, and create a constitution. ”

“ If he did not succeed further, if whole spheres of thought remained outside of his vision, it was because in his day there was not only no science of 'sociology' or psychology—there are no such sciences now—but no adequate perception of the vast variety of investigation which would be necessary to lay a basis for them. But the effort to frame a science is itself valuable, indeed of surpassing value, so far as it is combined with a genuine respect for facts. It is common enough to attempt to create a science by inventing technical terminology. ”

“ The nobleman or even the squire was more than an individual; as head of a family he was a life tenant of estates which he desired to transmit to his descendants. He was a 'corporation sole' and had some of the spirit of a corporation. A college or a hospital is founded to discharge a particular function; its members continue perhaps to recognise their duty; but they resent any interference from outside as sacrilege or confiscation. It is for them alone to judge how they can best carry out, and whether they are actually carrying out, the aims of the corporate life. ”

“ In the earlier part of the century, Voltaire and French philosophers admired English freedom of thought and free speech, even when it led to eccentricity and brutality of manners, and to barbarism in matters of taste. Englishmen, conscious and proud of their 'liberty,' were the models of all who desired liberty for themselves. ”

“ Bentham was in many respects a child through life: [350] a child in simplicity, good humour, and vivacity; his health was unbroken; he knew no great sorrow; and after emerging from the discouragement of his youth, he was placidly contemplating a continuous growth of fame and influence. He is said to have expressed the wish that he could awake once in a century to contemplate the prospect of a world gradually adopting his principles and so making steady progress in happiness and wisdom.
No man could lead a simpler life. ”

“ Bentham's sovereign is thus absolute. He rules by coercion, as a foreign power may rule by the sword in a conquered province. Thus, force is the essence of government, and it is needless to go further. To secure the right application of the force, we have simply to distribute it among the subjects. Government still means coercion, and ultimately nothing else; but then, as the subjects are simply moved by their own interests, that is, by utility, they will apply the power to secure those interests. ”

“ New creeds spread when they satisfy the instincts or the passions roused to activity by other causes. The system has to be so far true as to be credible at the time; but its vitality depends upon its congeniality as a whole to the aspirations of the mass of mankind.
The purely intellectual movement no doubt represents the decisive factor. The love of truth in the abstract is probably the weakest of human passions; but truth when attained ultimately gives the fulcrum for a reconstruction of the world. ”

“ We have, however, no more right as good empiricists to assert than to deny that all difference comes from 'circumstance.' If we take 'man' as a constant quantity in our speculations, it requires at least a great many precautions before we can assume that our abstract entity corresponds to a real concrete unit. Otherwise we have a short cut to a doctrine of 'equality.' The theory of 'the rights of man' lays down the formula, and assumes that the facts will correspond. The Utilitarian assumes the equality of fact, and of course brings out an equally absolute formula. ”

“ The system of 'self-government' embodies this view. The functions of government were assigned to men already powerful by their social position. The absence of the centralised hierarchy of officials gave to Englishmen the sense of personal liberty which compelled the admiration of Voltaire and his countrymen in the eighteenth century. In England were no lettres de cachet, and no Bastille. A man could say what he thought and act without fear of arbitrary rule. There was no such system as that which, in France, puts the agents of the central power above the ordinary law of the land. ”

“ But faith can always make as many miracles as it wants: and errors which originate in the fancy cannot be at once extirpated by the reason. Their form may be changed but not their substance. To remove them requires not disproof of this or that fact, but an intellectual discipline which is rare even among the educated classes. A religious creed survives, as poetry or art survives,—not so long as it contains apparently true statements of fact but—so long as it is congenial to the whole social state. ”

“ Philosophy is not a 'theory of knowledge' or of the universe; but, as it was then called, 'a philosophy of the human mind.' 'Philosophy' is founded upon inductive psychology; and it only becomes philosophy in a wider sense in so far as we discover that as a fact we have certain fundamental beliefs, which are thus given by experience, though they take us in a sense beyond experience. Jeffrey, reviewing Stewart's life of Reid, in the Edinburgh Review of 1804, makes a significant inference from this. ”

“ Thus, however anomalous the constitution of parliament, there was no thought of any far-reaching revolution. The great mass of the population was too ignorant, too scattered and too poor to have any real political opinions. ”

“ When the growth of social conditions led to new temptations or the appearance of a new criminal class, and particular varieties of crime became conspicuous, the only remedy was to declare that some offence should be 'felony without benefit of clergy,' and therefore punishable by death. By unsystematic and spasmodic legislation the criminal law became so savage as to shock every man of common humanity. ”

“ The political reformers of the time, like religious reformers in most times, conceive of themselves only as demanding the restoration of the system to its original purity, not as demanding its abrogation. In other words, they propose to remedy abuses but do not as yet even contemplate a really revolutionary change. Wilkes was not a 'Wilkite,' nor was any of his party, if Wilkite meant anything like Jacobin. ”

“ The whole social and political order is clearly the sum of the individuals, who combine to form an aggregate; and theories about social bonds take one to the mystical and sentimental. The absolute tendency is common to Bentham and the Jacobins. Whether the individual be taken as a unit of constant properties, or as the subject of absolute rights, we reach equally absolute conclusions. When all the social and political regulations are regarded as indefinitely modifiable, the ultimate laws come to depend upon the absolute framework of unalterable fact. ”

“ Psychology proves the existence of design in the moral world, as anatomy or physiology proves it in the physical.
Stewart therefore fully agrees that virtue generally produces happiness. If it be true (a doctrine, he thinks, beyond our competence to decide) that 'the sole principle of action in the Deity' is benevolence, it may be that he has commanded us to be virtuous because he sees virtue to be useful. In this case utility may be the final cause of morality; and the fact that virtue has this tendency gives the plausibility to utilitarian systems. ”

“ Bentham, then, objects to the Jacobin theory as too absolute and too 'individualist.' The doctrine begs the question; it takes for granted what can only be proved by experience; and therefore lays down as absolute theories which are only true under certain conditions or with reference to the special circumstances to which they are applied. That is inconsistent with Bentham's thoroughgoing empiricism. But he had antagonists to meet upon the other side: and, in meeting them, he was led to a doctrine which has been generally condemned for the very same faults—as absolute and individualist. ”

“ The legislator, like every one else, acts rightly in so far as he is guided by the principle (to use one of the phrases coined by Bentham) of 'maximising' happiness. He seeks to affect conduct; and conduct can be affected only by annexing pains or pleasures to given classes of actions. Hence we have a vitally important part of his doctrine—the theory of 'sanctions.' Pains and pleasures as annexed to action are called 'sanctions.' There are 'physical or natural,' 'political, 'moral or popular,' and 'religious' sanctions. ”

“ We cannot get beyond ideas, and yet ideas are still purely subjective. The 'real' is separated from the phenomenal, and truth divorced from fact. The sense-given world is the whole world, and yet is a world of mere accidental conjunctions and separation. That is Hume's scepticism, and yet according to Reid is the legitimate development of Descartes' 'ideal system.' Reid, I take it, was right in seeing that there was a great dilemma. What was required to escape from it? According to Kant, nothing less than a revision of Descartes' mode of demarcation between object and subject. ”

“ If a man gives me a certain 'lot' of pain or pleasure, it does not matter what may be his motives. The 'motive' for all conduct corresponds in all cases to the pain or pleasure accruing to the agent. It is true that his happiness will be more or less affected by his relations to others. But as conduct is ruled by a calculation of the balance of pains or pleasures dependent upon any course of action, it simplifies matters materially, if each man regards his neighbour's feelings simply as instrumental, not intrinsically interesting. ”

“ Truth is what each man thinks. There is no such thing, therefore, as 'eternal, immutable, everlasting truth, unless mankind, such as they are at present, [Pg 141] be eternal, immutable, everlasting.' Two persons may contradict each other and yet each may be speaking what is true for him. Truth may be a vice as well as a virtue; for on many occasions it is wrong to speak the truth.
These phrases may possibly be interpreted in a sense less paradoxical than the obvious one. Tooke's philosophy, if so it is to be called, was never fully expounded. ”

“ When he demanded that a greater share of influence should be given to the people, he always took for granted that their power would be used to diminish the activity of the sovereign power; that there would be less government and therefore less jobbery, less interference with free speech and free action, and smaller perquisites to be bestowed in return for the necessary services. The people would use their authority to tie the hands of the rulers, and limit them strictly to their proper and narrow functions. ”

“ In a monarchy, the ruler aims at the interest of one—himself; in a 'limited monarchy' the aim is at the happiness of the king and the small privileged class; in a democracy, the end is the right one—the greatest happiness of the greatest number. This is a short cut to all constitutional questions. Probably it has occurred in substance to most youthful members of debating societies. Bentham's confidence in his logic lifts him above any appeal to experience ”

“ Nobody could suppose the divines of the day to be the depositaries of an esoteric wisdom which the vulgar were not worthy to criticise. They were themselves chiefly anxious to prove that their sacred mysteries were really not at all mysterious, but merely one way of expressing plain common sense. At Oxford, indeed, the lads were still crammed with Aldrich, and learned the technical terms of a philosophy which had ceased to have any real life in it. ”

“ We have now, after a long analysis, reached the point at which the principles can be applied to penal law. The legislator has to discourage certain classes of conduct by annexing 'tutelary motives.' The classes to be suppressed are of course those which diminish happiness. Pursuing the same method, and applying results already reached, we must in the first place consider how the 'mischief of an act' is to be measured. [406] Acts are mischievous as their 'consequences' are mischievous; and the consequences may be 'primary' or 'secondary.' Robbery causes pain to the loser of the money. ”