书城公版Jeremy Bentham
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第106章 BENTHAM'S DOCTRINE(28)

52.Morals and Legislation,ch.xii.

53.Morals and Legislation,ch.xiv (a chapter inserted from Dumont's Traités).

54.Works,('Morals and Legislation'),i,p.86.

55.Ibid.i,144.

56.Ibid.i,145.

57.Works,('Morals and Legislation'),i,143.

58.Ibid.i,147-48.

59.Works,('Morals and Legislation'),i,406n.

60.Works,('Morals and Legislation'),i,96n.

61.Works,iii.267.

62.Ibid.x,569.

63.Autobiography,p.116.

64.The subject is again treated in Book v on 'Circumstantial Evidence.'

65.Works,vi,204.

66.Works,vii,391.

67.Works,vii,321-25.Court-martials are hardly a happy example now.

68.'Truth v.Ashhurst'(1792),Works,v,235.

69.Works ('Codification Petition'),v,442.

70.Ibid.vi,11.

71.Ibid.v,92.

72.Works,vii,204,331;ix,143.

73.Ibid.vii,214.

74.Ibid.v,349.

75.Ibid.v,364.

76.Works,v,371.

77.Ibid.v,375.

78.Ibid.vii,188.

79.Ibid.v,370.

80.Works,v,97,etc.

81.See preface to Constitutional Code in vol.ix.

82.Bentham's nephew,George,who died when approaching his eighty-fourth birthday,devoted the last twenty-five years of his life with equal assiduity to his Genera Plantarum.See a curious anecdote of his persistence in the Dictionary of National Biography.

83.Works,iii,573.

84.Works,ix,5,8.

85.The theory,as Mill reminds us,had been very pointed anticipated by Helvétius.Bentham's practical experience,however,had forced it upon his attention.

86.Works,ix,141.The general principle,however,is confirmed by the case of George III.

87.Ibid.ix,45.

88.Ibid.ix,98.

89.Works,ix,98.

90.e.g.Ibid.ix,38,50,63,99,etc.

91.Ibid.('Plan of Parliamentary Reform')iii,463.

92.Works,ix,594.

93.Ibid.ix,62.

94.Ibid.ix,24.

95.Ibid.ix,48.

96.Dissertations,i,377.

97.Works,ii,497.

98.Ibid.ii,501.

99.Ibid.ii,503.

100.Justice,p.264;so Price,in his Observations on Liberty,lays it down that government is never to entrench upon private liberty,'except so far as private liberty entrenches on the liberty of others.'

101.Works,ii,506.

102.Works,ii,401.

103.Autobiography,p.274.

104.Hobbes,in the Leviathan (chap.xiii),has in the same way to argue for the de facto equality of men.

105.Dissertations,i,375.

106.I remark by anticipation that this expression implies a reference to Mill's Ethology,of which I shall have to speak.

107.Works,ix,96,113.

108.Dissertations,i,376.

109.Works,'Civil Code'(from Dumont)i,302,305;Ibid.('Principles of Constitutional Code')ii,271;Ibid.('Constitutional Code')ix,15-18.

110.Works,i,306n.

111.Ibid.ix,15.

112.Ibid.('Principles of Penal Code')i,311.

113.Ibid.i,312.

114.Works,x,440.

115.Ibid.iii,33,etc.

116.Ibid.iii,35.

117.Works,ix,5.

118.Ibid.ix,192.

119.Ibid.ix,7.

120.Works,i,212.

121.Ibid.ix,192.

122.See,e.g.i,83,where sympathy seems to be taken as an ultimate pleasure,and ii,133,where he says 'dream not that men will move their little finger to serve you unless their advantage in so doing be obvious to them.'See also the apologue of 'Walter Wise',who becomes Lord Mayor,and 'Timothy Thoughtless'who ends at Botany Bay (i,118),giving the lowest kind of prudential morality.The manu of the Deontology,now in University College,London,seems to prove that Bentham was substantially the author,though the Mills seem to have suspected Bowring of adulterating the true doctrine.He appears to have been an honest if not very intelligent editor;though the rewriting,necessary in all Bentham's works,was damaging in this case;and he is probably responsible for some rhetorical amplification,especially in the later part.

123.Church of Englandism (Catechism examined),p.207.

124.See this phrase expounded in Works ('Book of Fallacies'),ii,440,etc.