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Bentham on Fallibilism and Legal Change |
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Abstract:
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Although the position of fallibilist arguments in utilitarian thought has been widely explored through the work of J.S. Mill, the role of fallibilism in Bentham’s work has been neglected, likely due in part to H.L.A. Hart’s view that it was in this context that Bentham’s “limitations as a philosopher” became clear. Yet fallibilism occupies a foundational position in Bentham’s thought: it derives from his theory of logic and language and it shapes both his religious and political thought. Moreover, the critique of infallibility in his political works, particularly in his linkage of infallibility with immutability, is a manifestation of the anti-absolutist character of Bentham’s radicalism. The appeal to fallibilism in Bentham’s legal writings provides evidence for the claim that Bentham desired a relatively flexible legal system and was skeptical about the potential of a legal code to achieve perfection. In this way, it contributes to a view of Bentham that does not rely on an omniscient legislator, which in turn supports the “democratic,” as opposed to the “authoritarian,” interpretive tradition of Bentham’s work. Attention to fallibilism also suggests the potential for a new line of inquiry into the connections between the work of Bentham and J.S. Mill. |
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bentham (161), law (66), infal (64), constitut (59), would (57), p (47), polit (46), immut (38), interest (28), could (27), legisl (26), use (26), thought (25), even (24), legal (24), argu (23), fallibil (23), theori (23), chang (23), although (22), challeng (21), |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Schwartzberg, Melissa. "Bentham on Fallibilism and Legal Change" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p59076_index.html> |
APA Citation:
| Schwartzberg, M. , 2004-09-02 "Bentham on Fallibilism and Legal Change" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p59076_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Although the position of fallibilist arguments in utilitarian thought has been widely explored through the work of J.S. Mill, the role of fallibilism in Bentham’s work has been neglected, likely due in part to H.L.A. Hart’s view that it was in this context that Bentham’s “limitations as a philosopher” became clear. Yet fallibilism occupies a foundational position in Bentham’s thought: it derives from his theory of logic and language and it shapes both his religious and political thought. Moreover, the critique of infallibility in his political works, particularly in his linkage of infallibility with immutability, is a manifestation of the anti-absolutist character of Bentham’s radicalism. The appeal to fallibilism in Bentham’s legal writings provides evidence for the claim that Bentham desired a relatively flexible legal system and was skeptical about the potential of a legal code to achieve perfection. In this way, it contributes to a view of Bentham that does not rely on an omniscient legislator, which in turn supports the “democratic,” as opposed to the “authoritarian,” interpretive tradition of Bentham’s work. Attention to fallibilism also suggests the potential for a new line of inquiry into the connections between the work of Bentham and J.S. Mill. |
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| Document Type: |
.PDF |
| Page count: |
29 |
| Word count: |
8465 |
| Text sample: |
| Bentham on Fallibilism and Legal Change Melissa Schwartzberg Department of Political Science The George Washington University Prepared for the delivery at the 2004 Annual Meeting of the American Political Science Association September 2-September 5 2004. Copyright by the American Political Science Association. Comments are welcome at maschwar@gwu.edu. A previous version of this paper was presented at "Utilitarianism Human Rights and Globalization 2003 " the 7th International Conference of the International Society for Utilitarian Studies Lisbon Portugal April 10-13 2003; |
| Portuguese Affairs [TTSPA] in Bowring Works VIII p. 482 in Bentham Works ed. Bowring VIII p. 482. 56 TTSPA p. 483. 57 Ibid. 58 Ibid. 59 Fragment p. 10 60 TTSPA p. 482 61 For a full account of expectation utilities see P.J. Kelly Utilitarianism and Distributive Justice (Oxford 1990). 62 Ibid. 63 TTSPA p. 485. 64 Rosen 1983 p. 230 65 OL p. 26. 66 OL p. 22. 67 For example see Stephen Holmes Passions and Constraint (Chicago |
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