Historians From England

"Judges of elegance and taste consider themselves as benefactors to the human race, whilst they are really only the interrupters of their pleasure … There is no taste which deserves the epithet good, unless it be the taste for such employments which, to the pleasure actually produced by them, conjoin some contingent or future utility: there is no taste which deserves to be characterized as bad, unless it be a taste for some occupation which has mischievous tendency."

"Want keeps pace with dignity. Destitute of the lawful means of supporting his rank, his dignity presents a motive for malversation, and his power furnishes the means."

"It is the principle of antipathy which leads us to speak of offences as deserving punishment. It is the corresponding principle of sympathy which leads us to speak of certain actions as meriting reward. This word merit can only lead to passion and error. It is effects good or bad which we ought alone to consider."

"It is part of a work to which if ever it should be completed I intend to give some such title as Principles of Legal Policy; the object of it is to trace out a new model for the Laws: of my own country you may imagine, in the first place: but keeping those of other countries all along in view. To ascertain what the Laws ought to be, in form and tenor as well as in matter: and that elsewhere as well as here. All that I shall say to recommend it to you is that I have taken counsel of you much oftener than of our own Ld. Coke and Hale and Blackstone. The repose of Grotius and Puffendorf and Barbeyrac and Burlamaqui I would never wish to see disturbed. I have built solely on the foundation of utility, laid as it is by Helvetius. Becarria has been lucrative pedibus, or if you please manibus, meis."

"To what shall the character of utility be ascribed, if not to that which is a source of pleasure?"

"Create all the happiness you are able to create: remove all the misery you are able to remove. Every day will allow you to add something to the pleasure of others, or to diminish something of their pains. And for every grain of enjoyment you sow in the bosom of another, you shall find a harvest in your own bosom; while every sorrow which you pluck out from the thoughts and feelings of a fellow creature shall be replaced by beautiful peace and joy in the sanctuary of your soul."

"Priestley was the first (unless it was Beccaria) who taught my lips to pronounce this sacred truth — that the greatest happiness of the greatest number is the foundation of morals and legislation."

"[Bentham] once said his ambition was to be “the most effectively benevolent man who ever lived.” He may well have been so."

"Mr. Bentham is very much among philosophers what La Fontaine was among poets:—in general habits and in all but his professional pursuits, he is a mere child. He has lived for the last forty years in a house in Westminster, overlooking the Park, like an anchoret in his cell, reducing law to a system, and the mind of man to a machine. He scarcely ever goes out, and sees very little company. The favoured few, who have the privilege of the entrée, are always admitted one by one."

"I should emphasise that I am largely neglecting here the long history of this revolt, as well as the different turns it has taken in different lands. Long before Auguste Comte introduced the term 'positivism' for the view that represented a 'demonstrated ethics' (demonstrated by reason, that is) as the only possible alternative to a supernaturally 'revealed ethics' (1854:1, 356), Jeremy Bentham had developed the most consistent foundations of what we now call legal and moral positivism: that is, the constructivistic interpretation of systems of law and morals according to which their validity and meaning are supposed to depend wholly on the will and intention of their designers. Bentham is himself a late figure in this development. This constructivism includes not only the Benthamite tradition, represented and continued by John Stuart Mill and the later English Liberal Party, but also practically all contemporary Americans who call themselves 'liberals' (as opposed to some other very different thinkers, more often found in Europe, who are also called liberals, who are better called `old Whigs', and whose outstanding thinkers were Alexis de Tocqueville and Lord Acton). This constructivist way of thinking becomes virtually inevitable if, as an acute contemporary Swiss analyst suggests, one accepts the prevailing liberal (read 'socialist') philosophy that assumes that man, so far as the distinction between good and bad has any significance for him at all, must, and can, himself deliberately draw the line between them (Kirsch, 1981:17)."

"Bentham and his Utilitarians did much to destroy the beliefs which England had in part preserved from the Middle Ages, by their scornful treatment of most of what until then had been the most admired features of the British constitution. And they introduced into Britain what had so far been entirely absent—the desire to remake the whole of the law and institutions on rational principles."

"His primary concern was with neither psychology nor ethics, nor was it with "political theory", but with the reform of existing laws by means of a science of law... Bentham considered that both the Common Law and the administration that Parliament was supposed to supervise were incoherent and antiquated, and that systematic examination and comprehensive overhaul were just precisely what were required... To a considerable degree Bentham was adopting towards the legal institutions of his own country much the attitude that the rationalist Philosophes were adopting towards the whole of the social institutions of France."

"The founding utilitarians, Bentham and Mill, were not just armchair philosophers. They were daring social reformers, intensely engaged with the social and political issues of their day. Indeed, many familiar social issues became social issues because Bentham and Mill made them so. Their views were considered radical at the time, but today we take for granted most of the social reforms for which they fought. They were among the earliest opponents of slavery and advocates of free speech, free markets, widely available education, environmental protection, prison reform, women's rights, animal rights, gay rights, workers' rights, the right to divorce, and the separation of church and state."

"Here we have Bentham's denunciation of the needless restraints imposed in 1823 upon individual activity. It may be termed the eulogy of laissez faire, but laissez faire, be it noted, was with Bentham and his disciples a totally different thing from easy acquiescence in the existing conditions of life. It was a war-cry. It sounded the attack upon every restriction, not justifiable by some definite and assignable reason of utility, upon the freedom of human existence and the development of individual character. Bentham assaulted restraints imposed by definite laws."

"Individualism as regards legislation is popularly, and not without reason, connected with the name and the principles of Bentham. The name of one man, it is true, can never adequately summarise a whole school of thought, but from 1825 onwards the teaching of Bentham exercised so potent an influence that to him is fairly ascribed that thorough-going though gradual amendment of the law of England which was one of the main results of the Reform Act."

"Jeremy Bentham opposed Blackstone most bitterly... He made a critical attack on Blackstone's Commentaries in a book called Fragment on Government. He started it, I am sorry to say, when he was staying at my little town of Whitchurch in Hampshire – one of the few bad things to come out of it. But there, I never thought anything of Jeremy Bentham. He was the most pretentious person that ever lived. Like Archimedes in his bath, he cried "Eureka!" (I have found it) in 1768 when he discovered the phrase "the greatest happiness of the greatest number". He regarded that – the philosophy of utilitarianism – as the solution for all legal problems as well as social ones. It solves nothing. He started many books but finished none of them."

"Bentham is a denyer, he denies with a loud and universally convincing voice: his fault is that he can affirm nothing, except that money is pleasant in the purse and food in the stomach, and that by this simplest of all Beliefs he can reorganise Society."

"The age of Law Reform and the age of Jeremy Bentham are one and the same. He is the father of the most important of all the branches of Reform, the leading and ruling department of human improvement... He it was who first made the mighty step of trying the whole provisions of our jurisprudence by the test of expediency, fearlessly examining how far each part was connected with the rest; and with a yet more undaunted courage, inquiring how far even its most consistent and symmetrical arrangements were framed according to the principle which should pervade a Code of Laws—their adaptation to the circumstances of society, to the wants of men, and to the promotion of human happiness. Not only was he thus eminently original among the lawyers and the legal philosophers of his own country; he might be said to be the first legal philosopher that had appeared in the world."

"You will well recollect to have heard me place this man second to no one, ancient or modern, in profound thinking, in logical and analytic reasoning... Mr. Bentham's countenance has all that character of intense thought which you would expect to find; but it is impossible to conceive a physiognomy more strongly marked with ingenuousness and philanthropy. He is about sixty, but cheerful even to playfulness."

"A century ago it was perfectly well known that whoever had one audience of a Master in Chancery was made to pay for three, but no man heeded the enormity until it suggested to a young lawyer that it might be well to question and examine with rigorous suspicion every part of a system in which such things were done. The day on which that gleam lighted up the clear hard mind of Jeremy Bentham is memorable in the political calendar beyond the entire administration of many statesmen."

"All poetry is misrepresentation"

"Lawyers are the only persons in whom ignorance of the law is not punished."

"In looking over the catalogue of human actions (says a partizan of this principle) in order to determine which of them are to be marked with the seal of disapprobation, you need but to take counsel of your own feelings: whatever you find in yourself a propensity to condemn, is wrong for that very reason. For the same reason it is also meet for punishment: in what proportion it is adverse to utility, or whether it be adverse to utility at all, is a matter that makes no difference. In that same proportion also is it meet for punishment: if you hate much, punish much: if you hate little, punish little: punish as you hate. If you hate not at all, punish not at all: the fine feelings of the soul are not to be overborne and tyrannized by the harsh and rugged dictates of political utility."

"The day has been, I grieve to say in many places it is not yet past, in which the greater part of the species, under the denomination of slaves, have been treated by the law exactly upon the same footing as, in England for example, the inferior races of animals are still. The day may come when the rest of the animal creation may acquire those rights which never could have been withholden from them but by the hand of tyranny. The French have already discovered that the blackness of the skin is no reason why a human being should be abandoned without redress to the caprice of a tormentor. It may one day come to be recognized that the number of legs, the villosity of the skin, or the termination of the os sacrum are reasons equally insufficient for abandoning a sensitive being to the same fate. What else is it that should trace the insuperable line? Is it the faculty of reason, or perhaps the faculty of discourse? But a full-grown horse or dog is beyond comparison a more rational, as well as a more conversable animal, than an infant of a day or a week or even a month, old. But suppose they were otherwise, what would it avail? The question is not Can they reason?, nor Can they talk?, but Can they suffer?"

"[I]n principle and in practice, in a right track and in a wrong one, the rarest of all human qualities is consistency."

"[P]leasure is in itself a good; nay, even setting aside immunity from pain, the only good: pain is in itself an evil; and, indeed, without exception, the only evil; or else the words good and evil have no meaning. And this is alike true of every sort of pain, and of every sort of pleasure."

"The community is a fictitious body, composed of the individual persons who are considered as constituting as it were its members. The interest of the community then is what? The sum of the interests of the several members who compose it."

"Intense, long, certain, speedy, fruitful, pure— Such marks in pleasures and in pains endure. Such pleasures seek if private be thy end: If it be public, wide let them extend. Such pains avoid, whichever be thy view: If pains must come, let them extend to few."

"Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it. In words a man may pretend to abjure their empire: but in reality he will remain subject to it all the while. The principle of utility recognizes this subjection, and assumes it for the foundation of that system, the object of which is to rear the fabric of felicity by the hands of reason and of law. Systems which attempt to question it, deal in sounds instead of sense, in caprice instead of reason, in darkness instead of light."

"The principle of utility judges any action to be right by the tendency it appears to have to augment or diminish the happiness of the party whose interests are in question... if that party be the community the happiness of the community, if a particular individual, the happiness of that individual."

"Whenever you are about to be oppressed, you have a right to resist oppression: whenever you conceive yourself to be oppressed, conceive yourself to have a right to make resistance, and act accordingly. In proportion as a law of any kind—any act of power, supreme or subordinate, legislative, administrative, or judicial, is unpleasant to a man, especially if, in consideration of such its unpleasantness, his opinion is, that such act of power ought not to have been exercised, he of course looks upon it as oppression: as often as anything of this sort happens to a man—as often as anything happens to a man to inflame his passions,—this article, for fear his passions should not be sufficiently inflamed of themselves, sets itself to work to blow the flame, and urges him to resistance. Submit not to any decree or other act of power, of the justice of which you are not yourself perfectly convinced. If a constable call upon you to serve in the militia, shoot the constable and not the enemy;—if the commander of a press-gang trouble you, push him into the sea—if a bailiff, throw him out of the window. If a judge sentence you to be imprisoned or put to death, have a dagger ready, and take a stroke first at the judge."

"That which has no existence cannot be destroyed — that which cannot be destroyed cannot require anything to preserve it from destruction. Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts. But this rhetorical nonsense ends in the old strain of mischievous nonsense for immediately a list of these pretended natural rights is given, and those are so expressed as to present to view legal rights. And of these rights, whatever they are, there is not, it seems, any one of which any government can, upon any occasion whatever, abrogate the smallest particle."

"Secrecy is an instrument of conspiracy; it ought not, therefore, to be the system of a regular government."

"Prose is when all the lines except the last go on to the end. Poetry is when some of them fall short of it."

"This led me to extend my inquiry into the origin of all religions, and this again led to an enquiry into the origin of nations and languages; and ultimately I came to a resolution to devote six hours a day to this pursuit for ten years. Instead of six hours daily for ten years, I believe I have, upon the average, applied myself to it for nearly ten hours daily for almost twenty years. In the first ten years of my search I may fairly say, I found nothing which I sought for; in the latter part of the twenty, the quantity of matter has so crowded in upon me, that I scarcely know how to dispose of it."

"I think it right to warn my reader, that there are more passages than one in the book, which are of that nature, which will be perfectly understood by my Masonic friends, but which my engagements prevent me explaining to the world at large. My Masonic friends will find their craft very often referred to. I believe, however that they will not find any of their secrets betrayed; but I trust they will find it proved, that their art is the remains of a very fine ancient system, or, perhaps, more properly, a branch of the fine and beautiful system of WISDOM which, in this work, I have developed."

"[A]lthough you have a right to appoint me to the office... yet you have no right to expect me either to spend money to forward the election or to cheat any man's vote, and I shall do neither... a seat in the House can never bring me either honours or emoluments, nothing, in short, but labour and trouble - you cannot expect from me, so will not, in fact, receive from me, either flatteries, treats or bribes."

"Anacalypsis: An Attempt to Draw Aside the Veil of the Saitic or an Inquiry into the Origin of Languages, Nations and Religions."

"“The peninsula of India would be one of the first peopled countries, and its inhabitants would have all the habits of the progenitors of man before the flood in as much perfection or more than any other nation… In short, whatever learning man possessed before his dispersion may be expected to be found here, and of this, Hindustan affords innumerable traces… notwithstanding … the fruitless efforts of our priests to disguise it.”"

"It is curious to observe how the Cross is regaining its old place in this country. A hundred years ago our Protestant females would have been shocked at the idea of wearing a cross. Now they all have crosses dangling from their necks; and our priests generally prevail to have it elevated on the tops of our new churches. They say it is not an object of adoration. True : but all in its proper time. It will not be elevated on the church and the altar for nothing. A prudent Pope, availing himself of the powers given to him by the Council of Trent, would not find it difficult to effect a reconciliation between the Papal See and the Protestant Church of England. The extremes are beginning to bend to the circular form."

"His indefatigable exertions in the detection and correction of the great abuses then existing in the management of the York Lunatic asylum, and the formation of another and very extensive establishment for the care and protection of pauper lunatics at Wakefield, will be monuments of his humble spirit and perseverance and philanthropy."

"[A] less conventional member of the squirearchy... a political radical, reforming county magistrate and idiosyncratic historian of religions."

"Indeed I cannot doubt that there has been really one grand empire, or one Universal, one Pandæan, or one Catholic religion, with one language, which has extended over the whole of the world; uniting or governing at the same time..."

"— We have seen that though Cristna was said to have left many sons, he left his immense empire, which extended from the sources of the Indus to Cape Comorin, (for we find a Regio Pandionis near this point,) to his daughter Pandæa; but, from finding the icon of Buddha so constantly shaded with the nine Cobras, &c., I am induced to think that this Pandeism was a doctrine, which had been received both by Buddhists and Brahmins."

"I think Pandeism was system; — and that when I say the country or kingdom of Pandæa, I express myself in a manner similar to what I should do, if I said the Popish kingdom or the kingdoms of Popery; or again, the Greeks have many idle ceremonies in their church, meaning the Greeks of all nations: or, the countries of the Pope are superstitions, &c. At the same time, I beg to be understood as not denying that there was such a kingdom as that of Pandae, the daughter of Cristna, any more than I would deny that there was a Kingdom of France ruled by the eldest son of the church, or the eldest son of the Pope."

"When I consider all the circumstances detailed above respecting the Pans, I cannot help believing that, under the mythos, a doctrine or history of a sect is concealed. Cunti, the wife of Pandu (du or God, Pan), wife of the generative power, mother of the Pandavas or devas, daughter of Sura or Syra the Sun—Pandæa only daughter of Cristna or the Sun—Pandion, who had by Medea a son called Medus, the king of the Medes, who had a cousin, the famous Perseus — surely all this is very mythological — an historical parable!"

"We have found the Black complexion or something relating to it whenever we have approached the origin of nations. The Alma Mater, the Goddess Multimammia, the founders of the Oracles, the Memnon of first idols, were always Black. Venus, Jupiter, Apollo, Bacchus, Hercules, Asteroth, Adonis, Horus, Apis, Osiris, and Amen: in short all the... deities were black. They remained as they were first... in very ancient times."

"In all the Romish [Catholic] countries of Europe, France, Italy, Germany, etc., the God Christ, as well as his mother, are described in their old pictures and statues to be black. The infant God in the arms of his black mother, his eyes and drapery white, is himself perfectly black. If the reader doubts my word he may go to the Cathedral at Moulins—to the famous Chapel of the Virgin at Loretto—to the Church of the Annunciata—the Church at St. Lazaro or the Church of St. Stephen at Genoa—to St. Francisco at Pisa—to the Church at Brixen in Tyrol and to that at Padua—to the Church of St. Theodore at Munich—to a church and to the Cathedral at Augsburg, where a black virgin and child as large as life—to Rome and the Borghese chapel of Maria Maggiore—to the Pantheon—to a small chapel of St. Peters on the right hand side on entering, near the door; and in fact, to almost innumerable other churches in countries professing the Romish religion."

"[I]t remains true that Macaulay gave a new life and meaning to the historical Essay. He made it a vehicle through which thousands of people, who would never have read history at all, have acquired in a pleasurable way some acquaintance with great characters and events. These essays are probably the best of their kind in Europe. And there can be no doubt that they will live. Only it is much to be desired that, when they are used for purposes of education, students should be warned against the errors which many of them contain. On a higher level than any but the very best of the Essays, stand those five biographies which Macaulay wrote for the ‘Encyclopaedia Britannica,’—those of Atterbury, Bunyan, Goldsmith, Johnson, and the younger Pitt. All these are mature and careful pieces of work, quieter and more restrained in style than the Essays, but hardly less attractive. They show Macaulay as a master of artistic condensation. Taking into account their merits both of matter and of form, we should be safe in affirming that, as a writer of short biographies, Macaulay has not been surpassed, if he has been equalled, by any English writer. The life of the younger Pitt, in particular, calls for unqualified admiration. It was written in the January of 1859, the year of his death; and he never wrote anything better. It is a sample of what he could have done in the History if he had reached that period, and it must enhance our regret that the History remained a fragment."

"A new India was born in 1835. The very foundations of her ancient civilization began to rock and sway. Pillar after pillar in the edifice came crashing down."