2. The attitude towards law and government which Bentham adopted (1748-1832) was in a great degree that of the philanthropic reformer. His principle of the greatest happiness of the greatest number is said [1] to have been derived from Beccaria, whose work on “Crimes and Penalties” had great influence throughout Europe. And Howard, “the philanthropist,” who was just twenty-two years Bentham’s senior (1726-1790), represented a revolt against the abuses of the treatment of criminals at that time, by which Bentham, who eulogised him as “a martyr and apostle,” was strongly affected. The movement which Bentham led was, in short, markedly hostile to the existing system of law, and to the reasonings of its advocates. And substantial as his knowledge and constructive genius proved to be, it never lost the character which the direction of his approach to the subject had marked upon it, a character of suspicion and antagonism, which is {57} expressed in his description of law as a necessary evil, and government as a choice of evils. [2] [1] Professor Holland in _Encycl. Brit_., art.; Bentham.” [2] Bentham, _Principles of Legislation_, p. 48. Pain being the ultimate evil, it is clear why, on Bentham’s principles, every law is an evil. For every law, for him, is contrary to liberty; and every infraction of liberty is followed by a natural sentiment of pain. [1] Against those who would deny the proposition that every law is contrary to liberty he brings a charge of perversion of language, in that they restrict liberty to the right of doing what is not injurious to others. They give the term, that is to say, a partly positive implication. For him then liberty has the simplest and apparently widest meaning, [2] which includes liberty to do evil, and is defined, we must suppose, purely as the absence of restraint. And he therefore has no doubt whatever that the citizen can acquire rights only by sacrificing part of his liberty. And in this there is an appearance of truth, if we forget that in saying that a part of one’s liberty is sacrificed it is implied that one had, to begin with, a certain area of liberty, of which a portion is abandoned to save the rest. But the idea of any such antecedent liberty is just such a fiction as Bentham himself delighted to expose. It is true, however, that some degree of restraint on what we can _now_ easily imagine ourselves free to do, is involved in political society. The point on which we have to fix our attention, for the purposes of social theory, is the remarkable representation of this state of things under the figure, as it were, of an amount of general liberty, {58} which is increased by subtraction, or which can only attain its maximum by the conversion of a certain edge or border of it, so to speak, into constraint. This border of constraint is implied to be capable of a minimum, such as to condition a maximum of liberty, or possible individual initiative; a relation which, being