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book1776

Fragment on Government

Disciplines:
philosophy
political theory

Summary

Bentham's Fragment on Government (1776) was his first published work, a critique of Blackstone's Commentaries attacking natural rights theory and common law conservatism.

Core Contribution

The Fragment attacks Blackstone's defense of the English constitution as founded on natural rights and original contracts, arguing instead that all legitimate authority rests solely on the principle of utility — the greatest happiness of the greatest number — not on fiction.

Key Spikes & Highlights

  • Blackstone critique (attacked Blackstone's Commentaries as the classic example of legal conservatism dressed up as scholarship)
  • Natural rights as nonsense (Bentham's first articulation that natural rights are fictitious — 'nonsense upon stilts')
  • Utility as sole criterion (the only legitimate criterion for assessing government is whether it promotes the happiness of the governed)
  • Anonymous debut (published anonymously; when authorship became known, Bentham was recognized as a radical new voice in jurisprudence)

Historical Influences

Jeremy Bentham

Intellectual Lineage

British legal positivismEnlightenment rationalism

Allied Works

An Introduction to the Principles of Morals and Legislation A Theory of Justice Anarchy, State, and Utopia

Contemporaries & Peers

An Introduction to the Principles of Morals and Legislation Common Sense Two Treatises of Government

Minds Influenced

No recorded minds influenced.

Intellectual Posterity

Utilitarian legal reformNatural rights critique

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