The library of Jeremy Bentham

1. Adam Smith 1 neutral 1 citation

   A Protest Against Law-Taxes

   ch. 2

   1 citation

   The average expenditure of an English subject, infants and adults, rich as well as poor, taken together, has been computed by Davenant (as quoted on this occasion somewhere by Adam Smith) at 8l.

Each of these stands at a single passage, named once and not held by the library. The work that names it carries the anchor.

A Protest Against Law-Taxes

Magna Charta ¶ · Argument on legal expense as the price of liberty and justice · Computation of national/subject income · Coronation Oath · Interest of Great Britain with regard to her colonies · Legal maxim on the presumption of innocence · Parliamentary saying on tax criticism · Pauline epistle (New Testament) · Reported doctrine on statutes contrary to Magna Charta · Roman law ¶ · Schieffer on Costs · Statutes imposing tax on pardons (5. W. c. 21. § 3; 9 and 10. W. c. 25. § 3, 50) · unnamed lawyers' maxim · unspecified work by Davenant

7 works in the library quote Jeremy Bentham — 30 citations, each anchored to a verbatim passage in the work that does the quoting.

through Jeremy Bentham 29 citations · Defence of Usury 1 citation

A. V. Dicey 17 citations · Henry Sumner Maine 9 citations · Gaius 2 citations · Sir Frederick Pollock 2 citations

The harvest records where a citation is made: the paragraph in the citing book, and the chapter that paragraph stands in. It does not record which page of Jeremy Bentham is meant. Where the citing text names a locus, you will find it in the quotation.

1. Lectures on the Relation between Law and Public Opinion in England A. V. Dicey 8 authority · 3 neutral · 3 extended · 3 endorsed 17 citations · 36 passages

   ch. 7 2 passages anchored here · ch. 9 · ch. 10 2 passages anchored here · ch. 14 · ch. 21 3 passages anchored here · ch. 22 7 passages anchored here · ch. 36 4 passages anchored here · ch. 42 5 passages anchored here

   and 1 more chapter

   ch. 51 11 passages anchored here

   Bentham is named directly in both passages as an intellectual authority underlying liberal individualism and as a refuter of natural-rights doctrine.

   Benthamite liberalism owed half of its triumph to its coincidence with the individualism of the common law, and independently of the belief in any philosophic theory, the dogma of laissez faire has commended itself, and does commend itself to hundreds of Englishmen, and for very obvious reasons.

2. Ancient Law Henry Sumner Maine 2 neutral · 2 refuted 4 citations

   ch. 5 · chapter ii.: legal fictions. · ch. 9 · ch. 12

   Bentham's Fragment on Government is cited and its applicability to early law is explicitly challenged.

   Bentham, in his “Fragment on Government,” and Austin, in his “Province of Jurisprudence Determined,” resolve every law into a command of the lawgiver, an obligation imposed thereby on the citizen, and a sanction threatened in the event of disobedience;

3. Lectures on the Early History of Institutions Henry Sumner Maine 1 authority · 2 neutral · 1 extended 4 citations · 7 passages

   ch. 4 · lecture xii.: sovereignty. 2 passages anchored here · ch. 14 4 passages anchored here

   The passage references this well-known utilitarian formula and its author without naming him directly, reporting it as a historical consequence.

   and, in all probability, that famous test of the value of legislation, which its author turned into a test of the soundness of morals, would never have been devised—the greatest happiness of the greatest number.

4. Institutes of Roman Law Gaius 2 neutral 2 citations

   ch. 27 · commentarivs qvartvs

   The commentary explicitly borrows Bentham's coinage to describe the code of procedure.

   In their task of ameliorating the law the praetors proceeded as unobtrusively as possible, by tacit rather than by open legislation, and rather by innovations in the adjective code, to use Bentham’s expression, or code of procedure, than in the substantive code.

5. Dissertations on Early Law and Custom Henry Sumner Maine 1 refuted 1 citation

   ch. 11

   The passage explicitly attributes a reform tradition to Bentham's authority and then argues against its conclusion.

   Among the many proposals which have been made for reforming it since Bentham became an authority among us, one frequently put forward may be described as a proposal to carry to its farthest consequences the early process of change in which feudalism begun.

6. The Genius of the Common Law Sir Frederick Pollock 1 authority 1 citation

   iv.: enemies in the gate

   Relied upon as the criterion applied to assess Morris's utopia, indicating an authority stance.

   Such a society might claim to justify its name of anarchist in so far as it knew nothing of a formal court or of those ‘names of office’ which Bentham considered the most decisive mark of established government.

7. The Law of Torts Sir Frederick Pollock 1 neutral 1 citation

   ch. 113

   Cited by volume and part with no explicit endorsement or refutation, functioning as a bare comparative reference.

   Bentham, Traités de Législation, vol.