Studies in Literature and HistoryLyall, Alfred C., Sir
Religion
Studies in Literature and History
Lyall, Alfred C., Sir
English literature; History; Literature; Religion; Utilitarianism
he overstrained his formula to make it universally applicable, and
that he nevertheless gave a far-reaching impulse to clearer notions
and an effective advance in the simplification of legal procedure and
the codification of laws. As a moral philosophy, Bentham's system
appeared so arid and materialistic that its unpopularity has obscured
his real services. For he was the engineer who first led a scientific
attack up to the ramparts of legal chicanery, and made a breach
through which all subsequent reform found its entry.
The axiom that utility is the source of justice and equity is of very
ancient date, and indeed the word is sufficiently elastic to
comprehend every conceivable human motive; but no one before Bentham
had employed it so energetically as a lever to overturn ponderous
abuses, or had pointed his theory so directly against notorious facts.
On the other hand, since he despised and rejected historical studies,
he greatly miscalculated the binding strength of long usage and
possession. He forgot, what Hume had been careful to remember, that
whether men's reasoning on these subjects be right or wrong, the
conclusions have not really been reached by logic, but have grown up
out of instincts, and correspond with certain immemorial needs and
aspirations of humanity. Hume had sketched, before Bentham, his Idea
of a Perfect Commonwealth; yet he begins by the warning that
'It is not with forms of government as with other artificial
contrivances; where an old engine may be rejected if we can
discover another more accurate and commodious ... the bulk of
mankind' (he adds) 'being governed by authority, not by reason, and
never attributing authority to anything that has not the
recommendation of antiquity.'
Public-domain text, read in full here on John Shaqi.
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