To speak of him first as a merely negative philosopher -- as one who refutes illogical arguments, exposes sophistry, detects contradiction and absurdity; even in that capacity there was a wide field left vacant for him by Hume, and which he has occupied to an unprecedented extent; the field of practical abuses. This was Bentham's peculiar province: to this he was called by the whole bent of his disposition: to carry the warfare against absurdity into things practical. His was an essentially practical mind. It was by practical abuses that his mind was first turned to speculation -- by the abuses of the profession which was chosen for him, that of the law. He has himself stated what particular abuse first gave that shock to his mind, the recoil of which has made the whole mountain of abuse totter; it was the custom of ****** the client pay for three attendances in the office of a Master in Chancery; when only one was given. The law, he found, on examination, was full of such things. But were these discoveries of his? No; they were known to every lawyer who practised, to every judge who sat on the bench, and neither before nor for long after did they cause any apparent uneasiness to the consciences of these learned persons, nor hinder them from asserting, whenever occasion offered, in books, in parliament, or on the bench, that the law was the perfection of reason. During so many generations, in each of which thousands of educated young men were successively placed in Bentham's position and with Bentham's opportunities, he alone was found with sufficient moral sensibility and self-reliance to say to himself that these things, however profitable they might be, were frauds, and that between them and himself there should be a gulf fixed. To this rare union of self-reliance and moral sensibility we are indebted for all that Bentham has done. Sent to Oxford by his father at the unusually early age of fifteen -- required, on admission, to declare his belief in the Thirty-nine Articles -- he felt it necessary to examine them; and the examination suggested scruples, which he sought to get removed, but instead of the satisfaction he expected was told that it was not for boys like him to set up their judgment against the great men of the Church.
After a struggle, he signed; but the impression that he had done an immoral act, never left him; he considered himself to have committed a falsehood, and throughout life he never relaxed in his indignant denunciations of all laws which command such falsehoods, all institutions which attach rewards to them.
By thus carrying the war of criticism and refutation, the conflict with falsehood and absurdity, into the field of practical evils, Bentham, even if he had done nothing else, would have earned an important place in the history of intellect. He carried on the warfare without intermission. To this, not only many of his most piquant chapters, but some of the most finished of his entire works, are entirely devoted: the 'Defence of Usury'. the 'Book of Fallacies'; and the onslaught upon Blackstone, published anonymously under the title of ' A Fragment on Government', which, though a first production, and of a writer afterwards so much ridiculed for his style, excited the highest admiration no less for its composition than for its thoughts, and was attributed by turns to Lord Mansfield, to Lord Camden, and (by Dr. Johnson) to Dunning, one of the greatest masters of style among the lawyers of his day. These writings are altogether original; though of the negative school, they resemble nothing previously produced by negative philosophers; and would have sufficed to create for Bentham, among the subversive thinkers of modern Europe, a place peculiarly his own. But it is not these writings that constitute the real distinction between him and them. There was a deeper difference. It was that they were purely negative thinkers, he was positive: they only assailed error, he made it a point of conscience not to do so until he thought he could plant instead the corresponding truth. Their character was exclusively analytic, his was synthetic. They took for their starting-point the received opinion on any subject, dug round it with their logical implements, pronounced its foundations defective, and condemned it: he began de novo, laid his own foundations deeply and firmly, built up his own structure, and bade mankind compare the two; it was when he had solved the problem himself, or thought he had done so, that he declared all other solutions to be erroneous. Hence, what they produced will not last; it must perish, much of it has already perished, with the errors which it exploded: what he did has its own value, by which it must outlast all errors to which it is opposed. Though we may reject, as we often must, his practical conclusions, yet his premises, the collections of facts and observations from which his conclusions were drawn, remain for ever, a part of the materials of philosophy.
A place, therefore, must be assigned to Bentham among the masters of wisdom, the great teachers and permanent intellectual ornaments of the human race. He is among those who have enriched mankind with imperishable gifts; and although these do not transcend all other gifts, nor entitle him to those honours 'above all Greek, above all Roman fame', which by a natural reaction against the neglect and contempt of the ignorant, many of his admirers were once disposed to accumulate upon him, yet to refuse an admiring recognition of what he was, on account of what he was not, is a much worse error, and one which, pardonable in the vulgar, is no longer permitted to any cultivated and instructed mind.
