During the winter of 1821-2, Mr. John Austin, with whom at the time of
my visit to France my father had but lately become acquainted, kindly
allowed me to read Roman law with him. My father, notwithstanding his
abhorrence of the chaos of barbarism called English Law, had turned
his thoughts towards the bar as on the whole less ineligible for me
than any other profession: and these readings with Mr. Austin, who had
made Bentham's best ideas his own, and added much to them from other
sources and from his own mind, were not only a valuable introduction
to legal studies, but an important portion of general education. With
Mr. Austin I read Heineccius on the Institutes, his _Roman Antiquities_,
and part of his exposition of the Pandects; to which was added a
considerable portion of Blackstone. It was at the commencement of these
studies that my father, as a needful accompaniment to them, put into my
hands Bentham's principal speculations, as interpreted to the Continent,
and indeed to all the world, by Dumont, in the _Traité de Législation_.
The reading of this book was an epoch in my life; one of the turning
points in my mental history.
My previous education had been, in a certain sense, already a course
of Benthamism. The Benthamic standard of "the greatest happiness" was
that which I had always been taught to apply; I was even familiar
with an abstract discussion of it, forming an episode in an
unpublished dialogue on Government, written by my father on the
Platonic model. Yet in the first pages of Bentham it burst upon me
with all the force of novelty. What thus impressed me was the chapter
in which Bentham passed judgment on the common modes of reasoning in
morals and legislation, deduced from phrases like "law of nature,"
"right reason," "the moral sense," "natural rectitude," and the like,
and characterized them as dogmatism in disguise, imposing its
sentiments upon others under cover of sounding expressions which
convey no reason for the sentiment, but set up the sentiment as its
own reason. It had not struck me before, that Bentham's principle put
an end to all this. The feeling rushed upon me, that all previous
moralists were superseded, and that here indeed was the commencement
of a new era in thought. This impression was strengthened by the
manner in which Bentham put into scientific form the application of
the happiness principle to the morality of actions, by analysing the
various classes and orders of their consequences. But what struck me
at that time most of all, was the Classification of Offences, which is
much more clear, compact, and imposing in Dumont's _rédaction_ than in
the original work of Bentham from which it was taken. Logic and the
dialectics of Plato, which had formed so large a part of my previous
training, had given me a strong relish for accurate classification.
This taste had been strengthened and enlightened by the study of
botany, on the principles of what is called the Natural Method, which