Jeremy Bentham's ‘unusually liberal’ representative democracy

Jeremy Bentham is a philosopher who deserves a prominent position in the history of democratic ideas. He not only thought popular rule as a vehicle for materializing his vision of utilitarian society, but also gave us a detailed picture of the basic institutions of the form of democratic governance he envisaged. It is also noteworthy that in hisradical system the people, who are the ultimate and undisputable source of all power, are protected from the authoritarian tendencies of state authorities not by a bill of constitutional rights but by a set of enhanced democratic powers that enable them to exercise strict control over their elected representatives. In this essay we present an outline of his ‘unusuallyliberal’ theory of democracy based on recently published texts and studies as well as a brief assessment of its strong and weak points.     

‘The invisible chain’: Jeremy Bentham and neo-liberalism

ABSTRACT

Bentham's thought cannot be reduced to the usual oppositions between ‘natural freedom’ and government interference. For Bentham, freedom in a political society is determined by the existence of a legal system that creates obligations for some people and rights for others. The government's task does not directly consist in respecting a sacred natural right, but aims at producing the ‘arrangements’ that are to direct the interests of the greatest number towards beneficial goals for the community as a whole. The legislator is to know, form and guide the individual interests. For this purpose, he has to summon public opinion in order to control individual action. On this point, we should reiterate, contrary to what Michel Foucault contended, that the main form of power in modern society is not exerted by a central state, but by each individual on others. That is the meaning of a very important idea in Bentham's theory, which appears in his writings on indirect legislation under the metaphor of the ‘invisible chain’. The habit of watching and judging others in the permanent Public Opinion Tribunal is the best way to learn self-discipline. Bentham's ideal is the self-government of individuals by the calculation of pleasures and pains.     

‘Sane’ and ‘insane’ imperialism: British idealism,new liberalism and liberal imperialism

It is contended that British Idealists, New Liberals and Liberal Imperialists were all in favour of imperialism, especially when it took the form of white settler communities. The concession of relative autonomy was an acknowledgement of the potential of white settler communities to go the way of America by severing their relationship with the Empire completely. Where significant differences emerge in their thinking is in relation to non-white territories in the Empire where native peoples comprised the majority, and the British Government and its agents administered in trust ‘lower’ peoples on the scale of civilisation with the ostensible goal of guiding them towards self-determination in the Empire. The differences in degree of commitment to these ideals were largely expressed in terms of the pejorative categories of ‘sane’ and ‘insane’ imperialism, which were flexible and manipulated for political gain, rather than analytic precision. Liberal Imperialists and New Liberals were opposed to each other in terms of the degree to which they supported imperialism, whereas British Idealists aligned themselves on both sides of the divide.     

Representative democracy and the ‘spirit of resistance’ from Constant to Tocqueville

ABSTRACT

The role of resistance in the politics of modern representative democracies is historically contested, and remains far from clear. This article seeks to explore historical thinking on this subject through a discussion of what Benjamin Constant and Alexis de Tocqueville had to say about resistance and its relationship to ‘representative government’ and democracy. Neither thinker is usually seen as a significant contributor to ‘resistance theory’ as this category is conventionally understood. But, in addition to their more familiar preoccupations with securing limitations on the exercise of political authority and averting majority tyranny, both thinkers wrote extensively on the nature and meanings of resistance in ‘representative governments’ or democratic societies. Both thinkers are examined in the context of revolutionary and Napoleonic discussions about the legitimacy of resistance or ‘right to resist’ oppression, and against eighteenth-century discussions of the ‘spirit of resistance’ since Montesquieu. The article notes conceptual distinctions between resistance, revolution and insurrection in the period, and addresses the broader question of the extent to which early nineteenth-century French liberals sought to ‘institutionalise’ principles of resistance within modern constitutional frameworks.     

The Japan-Australia contribution to a liberal and inclusive regional order: beyond the ‘China gap’

This article discusses how Japan and Australia could contribute to a liberal and inclusive order in the Asia-Pacific region. Critics argue that closer ties between Japan and Australia could undermine the stability of regional security, dividing Asia into ‘mutually hostile armed blocs’ consisting of US allies and China. Contrary to such a view, this article argues that deepening and enhancing Japan–Australia security cooperation could, if carefully managed, help to maintain an inclusive regional order based on institutions, norms and values, as well as a stable balance of power relations. In particular, the article contends that Japan and Australia can contribute to regional order by strengthening their ‘middle-power cooperation’ through regional capacity-building, institution-building, rule-making or norm-setting, and coalition-building, while supporting the US military presence in the region. It then concludes that, despite differing attitudes towards Beijing, Tokyo and Canberra can further contribute to the longevity of the current regional order by inclusive institutional architecture and liberal norms and values.     

‘Prevention of evil,production of good’: Jeremy Bentham’s indirect legislation and its contribution to a new theory of prevention

ABSTRACT

This paper critically analyses current depictions of prevention and tries to offer a new theoretical reflection on the concept by reconstructing it on the basis of Jeremy Bentham’s writings on indirect legislation. It is my aim not only to explore Bentham’s concept of indirect legislation as an outstanding example of enlightened social/public policy, but also to show to what extent his thoughts might be a fruitful contribution to a necessary reconceptualization of current conceptions of prevention, which are heavily criticized by many scholars.     

‘A monstrous construction'? The state and limited democracy in Australia

Alastair Davidson, The Invisible State: The Formation of the Australian State 1788–1901 (Melbourne: Cambridge University Press, 1991) pp.x + 329. $59.95 ISBN 0 521 36658 5.

Alastair Davidson and Roger D. Spegele (eds.), Rights, Justice and Democracy in Australia (Melbourne: Longman Cheshire, 1991) pp.x + 387. $34.95 ISBN 0 582 87070 4.

Beth Gaze and Melinda Jones (eds.), Law, Liberty and Australian Democracy (Sydney: The Law Book Company, 1990) pp.xxvi + 505. $69.00 ISBN 0 455 20986 3.

Bob Jessop, State Theory: Putting Capitalist States in Their Place (Cambridge: Polity Press, 1990) pp.xii + 413. $34.95 ISBN 0 745 60289 4.

Gianfranco Poggi, The State: Its Nature, Development and Prospects (Cambridge: Polity Press, 1990) pp.vii + 214. $29.95 ISBN 0 745 60879 5.

Geoffrey de Q. Walker, The Rule of Law: Foundation of Constitutional Democracy (Melbourne: Melbourne University Press, 1988) pp.xxvi + 475. $69.95 ISBN 0 522 84347 6.     

A forward strategy of freedom in the Middle East: US democracy promotion and the ‘war on terror’

Following the 11 September terrorist attacks, a belief has emerged that one of the root causes of Islamic extremism lies in the repressive nature of the regimes that populate the Middle East. Thus the spread of democracy has become a major component of the Bush administration's ‘war on terror’ Previously dismissed as Wilsonian idealism, the promotion of democracy is now considered a strategic necessity to address the threat posed by terrorism. Despite the significant role democracy promotion has played in the present foreign policy of the United States, the focus has tended to be on the more controversial policies of preventive warfare and coalitions of the willing. The purpose of this article is to help rectify this imbalance by examining the role the promotion of democracy plays within the current administration's foreign policy in the Middle East. It considers the logic behind America's ‘forward strategy of freedom’ in the Middle East as well as the likelihood of this strategy succeeding.     

Doing democracy and governance in the fast lane? Towards a ‘politics of time’ in an accelerated polity

This article examines the relationship between time, governance and political participation through a critical engagement with the ‘acceleration thesis’. Whilst the acceleration thesis argues that the ‘shrinking of the present’ is a condition of contemporary governance, others have viewed it as dysfunctional to the democratic process and effective policymaking. By drawing on a wide range of literature and through the use of illustrative examples, this article argues that slow and fast politics have strengths and weaknesses when it comes to the practice of governance and democratic participation. In turn, questions are raised about how public organisations and others might manage temporality and change in an ‘accelerated polity’. The article concludes by calling for further research into the ‘politics of time’ and its effects on public policymaking and political participation.