Frases de Jeremy Bentham

Jeremy Bentham foi filósofo, jurista e um dos últimos iluministas a propor a construção de um sistema de filosofia moral, não apenas formal e especulativa, mas com a preocupação radical de alcançar uma solução a prática exercida pela sociedade de sua época. As propostas têm, portanto, caráter filosófico, reformador, e sistemático.

O jurista, juntamente com John Stuart Mill e James Mill, foi tradicionalmente considerado como o difusor do utilitarismo, teoria ética normativa que se objetiva a responder todas as questões acerca do fazer, admirar e viver em termos da maximização da utilidade e da felicidade. Ou seja, para ele, as ações devem ser analisadas diretamente em função da tendência de aumentar ou reduzir o bem-estar das partes afetadas. E teria, ainda, buscado a extensão deste utilitarismo a todo o campo da moral .

Seus escritos têm como principal objetivo uma reforma legislativa que permitisse implementar suas teorias subjacentes. Por isso, acreditava que para que houvesse um direito forte com a aplicação de suas teorias deveria haver uma autoridade e um governo que o sustentasse.

É atribuída a Bentham a idealização do Panopticon, ideia que teria sido extraída de cartas escritas pelo jurista em Crecheff, na Rússia, em 1787, destinadas a um amigo. A partir destes escritos, foi possível extrair um modelo estrutural que seria capaz de ser aplicado as mais diversas instituições , como forma de otimização da vigilância e economia de pessoas para realizar tal função. Esta estrutura é caracterizada por um edifício circular que possui uma torre de vigilância e celas à sua volta. Cada uma das celas teria uma abertura para a entrada de luz e portas com grade para a difusão da luz no interior do edifício.

Porém, a difusão da luz se daria de modo que o encarcerado não conseguiria enxergar o exterior, nem o vigilante presente no centro da torre. Todo esse mecanismo estrutural teria como objetivo a impactação psicológica sobre os encarcerados, para que eles se sentissem observados todo o tempo. Sem conseguir enxergar o que ocorre externamente ao edifício, eles seriam tomados por um enorme sentimento de solidão, mesmo que estivessem “acompanhados” pelo vigilante durante todo o tempo. Bentham acreditava que este impacto nunca seria esquecido por aqueles que passassem por lá e atuaria como uma espécie de prevenção especial negativa, na qual o encarcerado, por receio de voltar novamente à instituição, não mais voltasse a delinquir.

Assim, apesar de possuir projetos de larga escala para reformas políticas, Jeremy Bentham considerava que o direito penal era um ramo crucial do direito, devido a sua particularidade na abordagem da psicologia humana. Para ele, a partir do pensamento utilitarista, o direito penal seria o instrumento perfeito para que o governo conseguisse conduzir as condutas de seus cidadãos. Isso porque, por meio de penas bem calculadas, o indivíduo poderia buscar a otimização de sua felicidade e chegaria à conclusão de que desrespeitar as regras do Estado não seria uma conduta vantajosa. Wikipedia  

✵ 15. Fevereiro 1748 – 6. Junho 1832
Jeremy Bentham photo

Obras

Jeremy Bentham: 42   citações 18   Curtidas

Jeremy Bentham Frases famosas

“Toda a punição é maldade; toda a punição em si é má.”

But all punishment is mischief: all punishment in itself is evil.
"Principles of Morals and Legislation" in: "The Works of Jeremy Bentham, Now First Collected: Under the Superintendence of His Executor, John Bowring"‎ Part I - Chapter XV Página 83 http://books.google.com/books?id=DHhYAAAAMAAJ&pg=PA83, de Jeremy Bentham - Publicado por W. Tait, 1838.

Jeremy Bentham frases e citações

“Todo ato de bondade é demonstração de poder.”

Variante: Todo o acto de bondade é demonstração de poder.

“Não importa se os animais são incapazes ou não de pensar. O que importa é que são capazes de sofrer.”

The question is not, Can they reason? nor, Can they talk? but Can they suffer?
An Introduction to the Principles of Morals and Legislation‎ - Vol II Página 236 http://books.google.com/books?id=pEgJAAAAQAAJ&pg=PA236, de Jeremy Bentham - Publicado por W. Pickering, 1823 - 560 páginas.

“A natureza colocou a humanidade sob a governança de dois mestres soberanos: a dor e o prazer. Pertence apenas a eles a indicação do que devemos ou podemos fazer. Por um lado, o padrão de certo e errado, por outro, o encadeamento de causas e efeitos, estão atados ao seu trono. Eles nos governam em tudo o que fazemos, o que dizemos, o que pensamos: qualquer esforço que possamos fazer para eliminar nossa submissão servirá apenas para demonstrá-la e confirmá-la. Em palavras um homem pode fingir renunciar ao seu império: mas na realidade sempre se manterá sujeito a ele. O princípio da utilidade reconhece essa submissão e a assume para a fundação desse sistema, cujo objeto é erguer o edifício da felicidade pelas mãos da razão e da lei. Sistemas que tentam questioná-lo lidam com sons em vez de sentidos, com caprichos em vez de razão, com escuridão em vez de luz.”

Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it. In words a man may pretend to abjure their empire: but in reality he will remain. subject to it all the while. The principle of utility recognizes this subjection, and assumes it for the foundation of that system, the object of which is to rear the fabric of felicity by the hands of reason and of law. Systems which attempt to question it, deal in sounds instead of sense, in caprice instead of reason, in darkness instead of light.
An Introduction to the Principles of Morals and Legislation, (1789) Chapter I. https://en.wikisource.org/wiki/An_Introduction_to_the_Principles_of_Morals_and_Legislation/Chapter_I

Jeremy Bentham: Frases em inglês

“The rarest of all human qualities is consistency.”

Fonte: Jeremy Bentham, Introduction to the Principles of Morals and Legislation, Chapter 1
Contexto: Not that there is or ever has been that human creature at breathing, however stupid or perverse, who has not on many, perhaps on most occasions of his life, deferred to it. By the natural constitution of the human frame, on most occasions of their lives men in general embrace this principle, without thinking of it: if not for the ordering of their own actions, yet for the trying of their own actions, as well as of those of other men. There have been, at the same time, not many perhaps, even of the most intelligent, who have been disposed to embrace it purely and without reserve. There are even few who have not taken some occasion or other to quarrel with it, either on account of their not understanding always how to apply it, or on account of some prejudice or other which they were afraid to examine into, or could not bear to part with. For such is the stuff that man is made of: in principle and in practice, in a right track and in a wrong one, the rarest of all human qualities is consistency.

“That which has no existence cannot be destroyed — that which cannot be destroyed cannot require anything to preserve it from destruction. Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts.”

A Critical Examination of the Declaration of Rights
Anarchical Fallacies (1843)
Contexto: That which has no existence cannot be destroyed — that which cannot be destroyed cannot require anything to preserve it from destruction. Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts. But this rhetorical nonsense ends in the old strain of mischievous nonsense for immediately a list of these pretended natural rights is given, and those are so expressed as to present to view legal rights. And of these rights, whatever they are, there is not, it seems, any one of which any government can, upon any occasion whatever, abrogate the smallest particle.

“The day may come when the rest of the animal creation may acquire those rights which never could have been withholden from them but by the hand of tyranny.”

Jeremy Bentham livro An Introduction to the Principles of Morals and Legislation

Fonte: An Introduction to the Principles of Morals and Legislation (1789; 1823), Ch. 17 : Of the Limits of the Penal Branch of Jurisprudence
Contexto: The day has been, I grieve to say in many places it is not yet past, in which the greater part of the species, under the denomination of slaves, have been treated by the law exactly upon the same footing as, in England for example, the inferior races of animals are still. The day may come when the rest of the animal creation may acquire those rights which never could have been withholden from them but by the hand of tyranny. The French have already discovered that the blackness of the skin is no reason why a human being should be abandoned without redress to the caprice of a tormentor. It may one day come to be recognized that the number of legs, the villosity of the skin, or the termination of the os sacrum are reasons equally insufficient for abandoning a sensitive being to the same fate. What else is it that should trace the insuperable line? Is it the faculty of reason, or perhaps the faculty of discourse? But a full-grown horse or dog is beyond comparison a more rational, as well as a more conversable animal, than an infant of a day or a week or even a month, old. But suppose they were otherwise, what would it avail? The question is not Can they reason?, nor Can they talk?, but Can they suffer?

“Judges of elegance and taste consider themselves as benefactors to the human race, whilst they are really only the interrupters of their pleasure”

Théorie des peines et des récompenses (1811); translation by Richard Smith, The Rationale of Reward, J. & H. L. Hunt, London, 1825, Bk. 3, Ch. 1
Contexto: Judges of elegance and taste consider themselves as benefactors to the human race, whilst they are really only the interrupters of their pleasure … There is no taste which deserves the epithet good, unless it be the taste for such employments which, to the pleasure actually produced by them, conjoin some contingent or future utility: there is no taste which deserves to be characterized as bad, unless it be a taste for some occupation which has mischievous tendency.

“Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do.”

Jeremy Bentham livro An Introduction to the Principles of Morals and Legislation

Fonte: An Introduction to the Principles of Morals and Legislation (1789; 1823), Ch. 1 : Of the Principle of Utility
Contexto: Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it. In words a man may pretend to abjure their empire: but in reality he will remain subject to it all the while. The principle of utility recognizes this subjection, and assumes it for the foundation of that system, the object of which is to rear the fabric of felicity by the hands of reason and of law. Systems which attempt to question it, deal in sounds instead of sense, in caprice instead of reason, in darkness instead of light.

“He ought to assure himself of two things; 1st, that in every case, the incidents which he tries to prevent are really evils; and 2ndly, that if evils, they are greater than those which he employs to prevent them.”

Principles of Legislation (1830), Ch. X : Analysis of Political Good and Evil; How they are spread in society
Contexto: It is with government, as with medicine. They have both but a choice of evils. Every law is an evil, for every law is an infraction of liberty: And I repeat that government has but a choice of evils: In making this choice, what ought to be the object of the legislator? He ought to assure himself of two things; 1st, that in every case, the incidents which he tries to prevent are really evils; and 2ndly, that if evils, they are greater than those which he employs to prevent them.
There are then two things to be regarded; the evil of the offence and the evil of the law; the evil of the malady and the evil of the remedy.
An evil comes rarely alone. A lot of evil cannot well fall upon an individual without spreading itself about him, as about a common centre. In the course of its progress we see it take different shapes: we see evil of one kind issue from evil of another kind; evil proceed from good and good from evil. All these changes, it is important to know and to distinguish; in this, in fact, consists the essence of legislation.

“Every law is an evil, for every law is an infraction of liberty: And I repeat that government has but a choice of evils”

Principles of Legislation (1830), Ch. X : Analysis of Political Good and Evil; How they are spread in society
Contexto: It is with government, as with medicine. They have both but a choice of evils. Every law is an evil, for every law is an infraction of liberty: And I repeat that government has but a choice of evils: In making this choice, what ought to be the object of the legislator? He ought to assure himself of two things; 1st, that in every case, the incidents which he tries to prevent are really evils; and 2ndly, that if evils, they are greater than those which he employs to prevent them.
There are then two things to be regarded; the evil of the offence and the evil of the law; the evil of the malady and the evil of the remedy.
An evil comes rarely alone. A lot of evil cannot well fall upon an individual without spreading itself about him, as about a common centre. In the course of its progress we see it take different shapes: we see evil of one kind issue from evil of another kind; evil proceed from good and good from evil. All these changes, it is important to know and to distinguish; in this, in fact, consists the essence of legislation.

“The question is not Can they reason?, nor Can they talk?, but Can they suffer?”

Jeremy Bentham livro An Introduction to the Principles of Morals and Legislation

Fonte: An Introduction to the Principles of Morals and Legislation (1789; 1823), Ch. 17 : Of the Limits of the Penal Branch of Jurisprudence
Fonte: The Principles of Morals and Legislation
Contexto: The day has been, I grieve to say in many places it is not yet past, in which the greater part of the species, under the denomination of slaves, have been treated by the law exactly upon the same footing as, in England for example, the inferior races of animals are still. The day may come when the rest of the animal creation may acquire those rights which never could have been withholden from them but by the hand of tyranny. The French have already discovered that the blackness of the skin is no reason why a human being should be abandoned without redress to the caprice of a tormentor. It may one day come to be recognized that the number of legs, the villosity of the skin, or the termination of the os sacrum are reasons equally insufficient for abandoning a sensitive being to the same fate. What else is it that should trace the insuperable line? Is it the faculty of reason, or perhaps the faculty of discourse? But a full-grown horse or dog is beyond comparison a more rational, as well as a more conversable animal, than an infant of a day or a week or even a month, old. But suppose they were otherwise, what would it avail? The question is not Can they reason?, nor Can they talk?, but Can they suffer?

“Create all the happiness you are able to create: remove all the misery you are able to remove.”

Advise to a young girl (22 June 1830)
Contexto: Create all the happiness you are able to create: remove all the misery you are able to remove. Every day will allow you to add something to the pleasure of others, or to diminish something of their pains. And for every grain of enjoyment you sow in the bosom of another, you shall find a harvest in your own bosom; while every sorrow which you pluck out from the thoughts and feelings of a fellow creature shall be replaced by beautiful peace and joy in the sanctuary of your soul.

“No power of government ought to be employed in the endeavor to establish any system or article of belief on the subject of religion.”

Fonte: Constitutional Code; For the Use All Nations and All Governments Professing Liberal Opinions Volume 1

“Secrecy is an instrument of conspiracy; it ought not, therefore, to be the system of a regular government.”

On Publicity http://books.google.com/books?id=AusJAAAAIAAJ&q="Secresy+is+an+instrument+of+conspiracy+it+ought+not+therefore+to+be+the+system+of+a+regular+government"&pg=PA315#v=onepage from The Works of Jeremy Bentham volume 2, part 2 (1839)

“[I]n principle and in practice, in a right track and in a wrong one, the rarest of all human qualities is consistency.”

Jeremy Bentham livro An Introduction to the Principles of Morals and Legislation

Fonte: An Introduction to the Principles of Morals and Legislation (1789; 1823), Ch. 1 : Of the Principle of Utility

“To what shall the character of utility be ascribed, if not to that which is a source of pleasure?”

Théorie des peines et des récompenses (1811); translation by Richard Smith, The Rationale of Reward, J. & H. L. Hunt, London, 1825, Bk. 3, Ch. 1

“Priestley was the first (unless it was Beccaria) who taught my lips to pronounce this sacred truth — that the greatest happiness of the greatest number is the foundation of morals and legislation.”

"Extracts from Bentham's Commonplace Book", in Collected Works, x, p. 142; He credits Priestley in his Essay on the First Principles of Government (1768) or Beccaria with inspiring his use of the phrase, often paraphrased as "The greatest good for the greatest number", but the statement "the greatest happiness for the greatest number" actually originates with Francis Hutcheson, in his Inquiry concerning Moral Good and Evil (1725), sect. 3. In an unpublished manuscript on utilitarianism, written for James Mill, he later criticized this formulation: "Greatest happiness of the greatest number. Some years have now elapsed since, upon a closer scrutiny, reason, altogether incontestable, was found for discarding this appendage. On the surface, additional clearness and correctness given to the idea: at bottom, the opposite qualities. Be the community in question what it may, divide it into two equal parts, call one of them the majority, the other minority, layout of the account of the feelings of the minority, include in the account no feelings but those in the majority, the result you will find is that of this operation, that to the aggregate stock of happiness of the community, loss not profit is the result of the operation. Of this proposition the truth will be the more palpable, the greater the ration of the number of the minority to that of the majority: in other words, the less difference between the two unequal parts: and suppose the condivident part equal, the quantity of the error will then be at its maximum." — as quoted in The Classical Utilitarians : Bentham and Mill (2003) by John Troyer, p. 92;

“All poetry is misrepresentation”

An Aphorism attributed to him according to John Stuart Mill (see Mill's essay On Bentham and Coleridge in Utilitarianism edt. by Mary Warnock p. 123).
Disputed

“Lawyers are the only persons in whom ignorance of the law is not punished.”

Attributed to Bentham in The Dictionary of Humorous Quotations‎ (1949) by Evan Esar, p. 29; no earlier sources for this have been located.
Disputed

“Prose is when all the lines except the last go on to the end. Poetry is when some of them fall short of it.”

As quoted in Life of John Stuart Mill (1954) by M. St.J. Packe, Bk. I, Ch. II

“Want keeps pace with dignity. Destitute of the lawful means of supporting his rank, his dignity presents a motive for malversation, and his power furnishes the means.”

The Rationale of Reward (1811) http://books.google.com/books?id=W2lYAAAAMAAJ&pg=PA246&dq=malversation&hl=en&ei=TQlHTKuqHYfJnAespJjOBA&sa=X&oi=book_result&ct=result&resnum=28&ved=0CKsBEOgBMBs4ZA#v=onepage&q=malversation&f=false

“I am at heart more of a United-States-man than an Englishman.”

Letter to Andrew Jackson (14 June 1830), quoted in Correspondence of Andrew Jackson, Volume 4, ed. David Maydole Matteson (1929), p. 146

“The community is a fictitious body, composed of the individual persons who are considered as constituting as it were its members. The interest of the community then is what? The sum of the interests of the several members who compose it.”

Jeremy Bentham livro An Introduction to the Principles of Morals and Legislation

Fonte: An Introduction to the Principles of Morals and Legislation (1789; 1823), Ch. 1: Of the Principle of Utility

“Intense, long, certain, speedy, fruitful, pure—
Such marks in pleasures and in pains endure.
Such pleasures seek if private be thy end:
If it be public, wide let them extend.
Such pains avoid, whichever be thy view:
If pains must come, let them extend to few.”

Jeremy Bentham livro An Introduction to the Principles of Morals and Legislation

Fonte: An Introduction to the Principles of Morals and Legislation (1789; 1823), Ch. 4: Value of a Lot of Pleasure or Pain, How to be Measured