The Gallery of Portraits: with Memoirs. Volume 7 (of 7)Malkin, Arthur Thomas
History
The Gallery of Portraits: with Memoirs. Volume 7 (of 7)
Malkin, Arthur Thomas
Biography
The chief merits of Bentham have been thus stated by Mr. Mill in the
Appendix to Mr. E. L. Bulwer’s work, entitled England and the English,
in the following words:—“Mr. Bentham, unlike Bacon, did not merely
prophesy a science; he made large strides towards the creation of one.
He was the first who conceived, with anything approaching to precision,
the idea of a Code, or complete body of law; and the distinctive
characters of its essential parts,—the Civil Law, the Penal Law, and the
Law of Procedure. On the first of these three departments, he rendered
valuable service; the third, he actually created. Conformably to the
habits of his mind, he set about investigating, _ab initio_, a
philosophy, or science, for each of the three branches. He did, with the
received principles of each, what a good code would do with the laws
themselves;—extirpating the bad; substituting others; re-enacting the
good, but in so much clearer and more methodical a form, that those who
were most familiar with them before, scarcely recognised them as the
same. Even upon old truths, when they pass through his hands, he leaves
so many of his marks, that often he almost seems to claim the discovery
of what he only systematized.
“In erecting the philosophy of the civil law, he proceeded not much
beyond establishing upon its proper basis some of its most general
principles, and cursorily discussing some of the most interesting of its
details. Nearly the whole of what he has published upon this branch of
the law is contained in the _Traités de Législation_, edited by M.
Dumont. To the most difficult part, and that which needed a master-hand
to clear away its difficulties, the nomenclature and arrangement of the
civil code, he contributed little, except detailed observations and
criticisms upon the errors of his predecessors. The “Vue Générale d’un
corps complet de Législation,” included in the work just cited, contains
almost all that he has given to us upon this subject. In the department
of the penal law, he is the author of the best attempt yet made towards
a philosophical classification of offences. The theory of punishments
(for which, however, more had been done by his predecessors than for any
other part of the science of law), he left nearly complete. The theory
of procedure (including that of the constitution of the courts of
justice), he found in a more utterly barbarous state than even either of
the other branches; and he left it incomparably the most perfect. There
is scarcely a question of practical importance in the most important
department which he has not settled. He has left next to nothing for his
successors.”
Public-domain text, read in full here on John Shaqi.
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