SUMMARYThe essay argues that Jeremy Bentham played a major role in the transitional process between the eighteenth and the nineteenth centuries leading to the ‘discovery' or ‘invention of society' as an order, i.e., as an autonomous object of knowledge. By comparing Bentham's discourse with those developed by select protagonists of that transition, particularly Ferguson, Sieyès, and Mirabeau, it is shown how society emerges as the logical and historical space of a set of relationships that affects both the rationalisation and the (...) practice of government. In contrast with Michel Foucault's interpretation of Bentham's role in the genealogy of neoliberalism, recently developed by Pierre Dardot and Christian Laval, this paper suggests that ‘the new governmental reason’ rose from within the discourse of law. Consequently, the problem of ‘constitution’ was not left behind by the epistemological change of the eighteenth century, as they argue. Rather, the scientific and political understanding of society as a code became the base for an innovative conception of both law and politics. (shrink)

SUMMARYJeremy Bentham has two very strong commitments in his thought: one is to the principle of utility, or the greatest happiness principle, as the fundamental principle of morality; the other is to truth, as indicated, for instance, in his opposition to falsehood and fiction in the law. How, then, did Bentham view the relationship between utility and truth? Did he think that utility and truth simply coincided, and hence that falsehood necessarily led to a diminution in happiness, and conversely truth (...) led to an increase in happiness? This article addresses this issue through two bodies of material: the first consists of Bentham's writings on religion under the heading of ‘Juggernaut’ and dating from 1811 to 1821; the second consists of the writings on judicial evidence dating from 1803 to 1812 and which appeared in Rationale of Judicial Evidence. (shrink)

This article argues that Hume's brief essay, "Of the Delicacy of Taste and Passion," offers resources for three claims: (1) Delicate taste correlates with self-sufficiency and thus with a particularly Humean form of Magnanimity -- greatness of mind; (2) Delicate taste improves the capacity for profound friendships, characterized by mutual admiration and true compassion; and (3) magnanimity and compassion are thus not necessarily in tension with one another and may even proceed from and support harmony of character. These claims, in (...) turn, provide reasons to take seriously Hume's view that moral character depends, in part, on aesthetic character. (shrink)