[1] Bentham, _Principles of Legislation_, p. 94.
[2] It is not really the widest, as will appear in the sequel.
But if this is so, the restrictive influences of law and government, which are the measure of the constraint imposed, cannot be alien to the human nature which they restrict, and ought not to be set down as in their own nature antagonistic to liberty or to the making the most of the human self. The root of the difficulty obviously lies in assuming that the pressure of the claims of “others” in society is a mere general curtailment of the liberty of the “one,” while acknowledging, not { 59} contrary to fact, but contrary to the hypothesis of that curtailment, that the one, so far from surrendering some of his capacity for life through his fellowship with others, acquires and extends that capacity wholly in and through such fellowship. On the above assumption the terms of the paradox of self-government become irreconcilable, and government is made an evil of which it is impossible to explain how it ministers to the self which stands for the good. So long as to every individual, taken as the true self, the restraint enforced by the impact of others is alien and a diminution of the self, this result is inevitable.
It is instructive, therefore, to note Bentham’s uncompromising hostility to all the theories of philosophical jurists. The common point of all their theories, from Hobbes and Grotius to Montesquieu and Rousseau, not to mention Kant and his successors, has lain in the fact that their authors divined under the forms of power and command, exercised by some over others, a substantive and general element of positive human nature, which they attempted to drag to light by one analogy after another. But neither Montesquieu’s “eternal relations,” nor the “Social Contract,” nor “General Will,” nor “Natural Rights” of other thinkers find favour in Bentham’s eyes. One and all they are to him fiction and fallacy. He can understand nothing in law but the character of a command; he can see no positive relation of it to human nature beyond the degree in which it dispenses with the pain of restraint while increasing the pleasure of liberty.
To describe the magnificent success which { 60} attended the use of this rule of thumb in the practical work of reform does not fall within our immediate subject. Our purpose was merely to illustrate the paradox implied in the conception of self-government, by pointing out how fundamentally hostile to one another Bentham took its constituent elements to be.