Introduction

Presenting the significance of Bentham's theory today in a single volume is a daunting task. The aim of this special issue is therefore far more modest. It traces some of the areas where Bentham's scholarship has made progress. The endeavour is two-fold. First it shows the extent to which Bentham scholars are rejuvenating a decrepit Bentham, so far portrayed as the outdated utilitarian of the pleasure calculus. Second it examines the impact of Bentham's utilitarianism on some contemporary debates.

The timing of this publication needs to be underlined. The Tocqueville Review's interest in such an unappealing philosopher as Bentham undoubtedly lies with a renaissance in Bentham studies. This revival is due to the stimulating new edition in progress of The Collected Works of Jeremy Bentham.¹ To understand the importance of this new edition, the context of Bentham's publications requires an introductory comment.

At Bentham's death, John Bowring, his secretary, edited The Works of Jeremy Bentham.² Unfortunately, on account of Bentham's lack of time for and interest in the publication of his writings, most texts had been compiled, edited, rewritten, and translated without the supervision of the author by disciples, secretaries, editors, or translators. Indeed many documents remained in manuscript or fragmentary form.³ This made the task harder for Bowring, who produced the only complete edition to date of Bentham's works. Moreover the bias on the part of the editors could be felt in the choice of texts or excerpts published and in the way some sections were rewritten and annexed to others.⁴ In the light of what scholars could read of Bentham's manuscripts, which had fortunately remained in the trust of the University College London and of the British Library, the Bowring edition was a very unsatisfactory presentation of Bentham's thought.

The Bentham Project, headed by Philip Schofield, is working on an ongoing scientific edition of the works of Bentham, which will allow scholars to reconsider Bentham's thought in a new light, beyond the patchwork of Bowring's edited texts in Works. The first volumes of the Collected Works were published in 1968. The importance the publication was immediately felt by the academic community, as Professor D.D. Raphael stated in the Times Literary Supplement on September 27th 1974: 'The more we come to know his writings (as contrasted with the presentation of his thought by his contemporary editors, Dumont and Bowring), the more clearly we see that Bentham was a powerful and subtle thinker'. However the effect of the publication of the Collected Works on Bentham historiography has yet to be assessed, as only 27 (to date) of the anticipated 70 volumes have been published.⁵

Little by little, scholars are investigating the new routes opened by this unprecedented access to the 'real' Bentham, otherwise referred to as the 'authenticity' Bentham.⁶ Although the Bentham Project has been at work transcribing manuscripts for half a century, interest for Bentham has been gaining momentum over a decade. As the increasing number of publications and conferences focusing on Bentham amply demonstrates, this growing interest justifies the use of the term renaissance to speak of this renewed enthusiasm.⁷ This special issue highlights some disciplines that display a keen interest in Bentham.

Firstly, The Tocqueville Review gives readers a glimpse into new readings flowing from the scholarly editions of Bentham's works. Emmanuelle de Champs, Stephen G. Engelmann and Jennifer Pitts underline the gaps between the historical Bentham and the authenticity Bentham, the first being derived from the circulation of Bentham's writings in 19th and 20th century editions.⁸ The Bentham who emerges from this analysis is far more insightful than the traditional picture drawn by critics, starting with JS Mill and Marx, and ending with Halévy and Foucault.⁹

Versed in the latest editions of the Collected Works and in manuscript sources, Emmanuelle de Champs highlights the synergies between morals — i.e., rules of private conduct — and legislation — i.e., commands controlling public action —. She shows how these two questions remained linked in Bentham's writings on constitutional issues.

Stephen G. Engelmann...