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Constitutional Law

Bentham’s Sieve

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Table Annexed To Article: Bentham’S 1789 Footnote To The Introduction To The Principles Of Morals And Legisation [Revised Edition, 1789], Peter Aschenbrenner Apr 2014

Table Annexed To Article: Bentham’S 1789 Footnote To The Introduction To The Principles Of Morals And Legisation [Revised Edition, 1789], Peter Aschenbrenner

Peter J. Aschenbrenner

In the 1789 (revised edition) of Jeremy Bentham’s The Introduction to the Principles of Morals and Legislation, Bentham appended a footnote of 4,089 words. First, Our Constitutional Logic leaves various identifiable exceptions to one side. Second, Bentham’s sentences may be taken in natural or semi-regimented style. All laws may be divided into three types: commands, prohibitions and permissions. Leaving to one side Bentham’s wheelbarrow of neologisms, ‘Bentham’s Sieve’ receives its due attention.


Bentham Mocks The Declarations: ‘Every Law … Is Void', Peter Aschenbrenner Jun 2012

Bentham Mocks The Declarations: ‘Every Law … Is Void', Peter Aschenbrenner

Peter J. Aschenbrenner

Jeremy Bentham famously savaged American declarations of rights, beginning with the Declaration of Independence. What irked him? If individuals had rights that government was bound to honor, then philosophy was obligated to address the conflict between the two. Settle it? Too ambitious. Ignore it? Too lazy. The consequences of Bentham’s unwillingness to survey American constitutions and legislation (using his own tools) are surveyed.