The Collected Works of Jeremy Bentham: Colonies, Commerce, and Constitutional Law: Rid Yourselves of Ultramaria and Other Writings on Spain and Spanish America

Jeremy Bentham held that all human and political action could be analysed in terms of pleasure and pain, and so made comprehensible. One such analysis is how people actually do behave; according to Bentham, seeking pleasure and avoiding pain. Another such analysis is of how they ought to behave. For Bentham, this is that they should maximize utility, which for him is the same as producing the greatest happiness of the greatest number, which, again, is the same for him as maximizing pleasure and minimizing pain. His chief study was planning how there could be a good system of government and law; that is, how laws could be created so that people being as they actually are (seeking their own pleasure) might nevertheless do what they ought (seek the greatest pleasure of all). The instruments which government use in this task are punishment and reward, inducing action by threats and offers. For Bentham, punishment is done not for the sake of the offender, but to deter other people from doing the same kind of thing. Hence on his theory it is the apparent punishment which does all the good, the real punishment which does all the harm. Bentham thought that the primary unit of significance was the sentence, not the word. He used this idea to produce profound analyses of the nature of law and legal terms, such as’ right’, ‘duty’ or ‘property’. These are what he calls names of fictions – terms which do not directly correspond to real entities. However, this does not mean that they are meaningless. Instead, meaning can be given to them by translating sentences in which they occur into sentences in which they do not occur. Thus legal rights are understood in terms of legal duties, because sentences involving the former can be understood in terms of sentences involving the latter; these in turn can be analysed in terms of threats of punishment or, again, pleasure and pain. This gives sense to legal rights, but sense cannot be given in the same way to natural rights. For Bentham, we have no natural rights and the rights that we do have, such as property rights, are created by government, whose chief task is to protect them. Bentham also worked out how people could be protected from government itself, designing an elaborate system of constitutional law in which representative democracy was a central element. Bentham invented the word ‘international’, and when he died he had an international legal and political influence. His chief influence in philosophy has been as the most important historical exponent of a pure form of utilitarianism.

Download Full-text

An English Utilitarian Looks at Spanish-American Independence: Jeremy Bentham’s Rid Yourselves of Ultramaria

The Americas A Quarterly Review of Latin American History ◽

10.2307/1007617 ◽

1996 ◽

Vol 53 (2) ◽

pp. 217-233 ◽

Cited By ~ 2

Author(s):

Jonathan Harris

Keyword(s):

Buenos Aires ◽

Spanish America ◽

Central American ◽

Spanish American ◽

Jeremy Bentham ◽

Good Government ◽

University Level

On August 31 1832, when news arrived of the death of the English utilitarian philosopher and jurisconsult, Jeremy Bentham, the Guatemalan Statesman José del Valle introduced a resolution to the congress of the Central American Republic requesting all its members to wear mourning as a mark of respect. He also took the opportunity to bestow fulsome praise on Bentham, not only as the sage who had taught the art of legislation and government, but also as the defender of Spanish-American independence.Few would dispute the first claim. Bentham’s work on the science of legislation, Traités de législation, had been translated into Spanish and was widely read throughout Spanish America. Francisco Santander was said to have always had a copy open on his desk and it was adopted as a basic text for study at University level in Buenos Aires and Santiago. Many of Bentham’s other works enjoyed similar esteem and his opinions on what constituted good government were constantly cited and debated in the assemblies of the new republics.

Download Full-text

“This England and This Now”: British Cultural and Intellectual Influence in the Spanish American Independence Era

Hispanic American Historical Review ◽

10.1215/00182168-2010-002 ◽

2010 ◽

Vol 90 (3) ◽

pp. 423-454 ◽

Cited By ~ 6

Author(s):

Karen Racine

Keyword(s):

Great Britain ◽

Spanish America ◽

Spanish American ◽

Jeremy Bentham ◽

Cultural Model ◽

The Press ◽

Conscious Choice ◽

Intellectual Influence ◽

Independence Era ◽

Early Republican

Abstract This essay argues that Great Britain provided the strongest and most relevant contemporary model for the Spanish American independence leaders. Over the course of two eventful decades, 1808 to 1826, over 70 patriot leaders made the long and difficult journey to London to seek political recognition, arms, recruits, and financial backing for their emancipation movements. Countless others remained at home in Spanish America but allied themselves with Britain through their commercial ventures, their ideological affiliation, or their enthusiastic emulation of British institutions, inventions, and practices such as the Lancasterian system of monitorial education, trial by jury, freedom of the press laws, steam engines, and mining technology. This generation of independence leaders carried on a purposeful correspondence with famous British figures such as abolitionist William Wilberforce, prison reformer Elizabeth Fry, utilitarian philosophers Jeremy Bentham and James Mill, scientist Humphrey Davy, and vaccination proponent Edward Jenner. Their conscious choice to draw closer to Great Britain, rather than Napoleonic France or the early republican United States, reveals much about the kind of cultural model the Spanish American independence leaders admired and their vision of the countries they wanted to create.

Download Full-text