Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century

Index

Index Ad Clerum (Newman), 225, 234–35 administrative law, 371 Adulteration of Food Act of 1860, 186 Agricultural Holdings Acts, 185 Aliens Immigration Bill of 1904, 211, 356 Allotments Acts of 1887–90, 206–7 Alton Locke (Kingsley), 173 anarchism and Collectivism, 152–53n4 Ancient Law (Maine), 294, 327n75 animal cruelty legislative reforms, 134–35 apotheosis of instinct, 318–24; and historical method, 329 Arbitration Acts, 193–94 Arnold, Matthew, 313 Arnold, Thomas: on Blackstone era, 55–56; on Church of England, 224; denunciation of laissez-faire principle , 153–54, 289–90; on Protestantism , 227–28n14 associations. See corporations; right of association; trade unionism Athanasian creed, 252n69 Austen, Jane, 233 Austin, John: attack on political economy , 315n56; on democracy for the masses, 179n50; on interference by government, 317n59; Province of Jurisprudence Determined, 293–94; on relation between utilitarianism and democracy, 116–17 Autobiography (Mill), 300, 305, 315n56 Bagehot, Walter, 360–61 bankruptcy law, 87–88 Barchester Towers (Trollope’s Bishop Proudie), 243–44n41 Barry Lyndon (Thackeray), 266 beliefs. See public opinion Bentham, Jeremy: acceptance of his ideas by English public, 123–25; aversion to rhetoric of French Revolution , 122; belief in laissez faire, 363; choice of legal reform as career, 95–96; “Defence of Usury,” 25; dislike of historical method, 325; distinguished from his contemporaries , 94; doctrine of greatest happiness , 95; Emancipate your Colonies, 319–20; Fragment on Government , 215; influence on jurisprudence , 91–92; method of legal reform advocated, 117–19; Mill’s comparison with Coleridge, 303; pertinent details of his life, 92–94; similarity to Evangelical leaders, 286; view of individual self-interest and belief, 12, 13. See also laissez- 404 / Index Bentham, Jeremy (continued) faire principle; principle of utility; utilitarian individualism Benthamism, 46; abhorrence of instinctual decisions, 318–20; anticlerical leanings, 222–23; belief in noninterference with individual freedom, 362; debt of Collectivism to, 215–20; decline in authority parallel with Evangelicalism’s, 284–89; difference from Collectivism, 48–50; duration of, 47; and ecclesiastical reform, 228–30; extent of acceptance , 126–31; goals of Benthamite legislation, 131–50; ideal of peace, 291–92; ideas on reform of law, 96–119; influence of French Revolution on, 89–90; and jurisprudence, 293–95; the last Benthamite, 179; likely objection to Mental Deficiency Act of 1913, 376; objections to, 150–56, 173–74; objections to, by artisans and trade unionists, 170–72; and political economy (economics), 293; popular authors who deviated from, 295–307; preference for reform over research, 325–30; reaction to Blackstone, 60n20; reason for passage of its legislation, 176–77; reason for public acceptance, 119–26; shattering of, by disintegration of beliefs, 314–18; and trade unionism, 191–92; view on protection of all individuals by the State, 184–85. See also Collectivism; legislative utilitarianism; liberalism; philosophic Radicals; Toryism Births and Deaths Registration Act of 1836, 245–46 Black Book (Wade), 62, 63 Blackstone on married women’s property rights, 267 Blackstonian Toryism: basic nature of, 50; Benthamite school’s opinion of, 60n20; as period of legislative quiescence , 48; philanthropy during, 57–58; spirit of Blackstone’s Commentaries , 51–52 Bleak House (Dickens), 234 Board of Trade, 369–70, 375 boycotts, 192 Bramwell, Lord, 142–43, 193 Bright, John, 166, 167, 179 British Empire, 323–24 Broad Church movement, 252–53 Brougham, Lord Henry, 132, 320–21 Burial Laws Amendment Act of 1880, 247 Burke, Edmund, 52–53, 229–30n17, 312, 360 Cabinet, chief role under Old Toryism , 61 Canada, 320–21 Carlyle, Thomas: on constitutionalism, 313; on John R. McCulloch, 72; on John Stuart Mill, 301; on political science, 293; on Poor Law Amendment Act, 154 case law. See judicial legislation Catholic Relief Act of 1829, 22 Cato Street conspiracy, 74–75 censorship of literature in nineteenth century, 308n48 Chancery Procedure Act of 1852, 65 Chartists, 129, 149, 151, 170, 171–72; compared with democratic movement of 1866–84, 179–80 Chatham, Earl of (William Pitt), 29, 61 children: education at State expense, 195–98; protective legislation for, during Benthamism, 134, 156–59, 164–70 Index / 405 Church Building Commissioners, 340–41 Church Establishment in Ireland. See Irish Church Establishment Church of England: Athanasian creed, 252n69; attempts to widen foundation of, 251–53; Benthamite position regarding, 228–30; change in values of, over nineteenth century, 381–82; conservatism toward and concessions favoring, 225–26, 231–32, 255–56; English public opinion about clergy, 233; grievances over privileges, 224; in...