Photobook: Missouri Constitutional Rights Flag Captured by Union Soldiers on June 14th, 1861

Missouri Constitutional Rights Flag captured by Union soldiers on June 14th, 1861, Old State Capitol Building, Springfield, Illinois.

The claim that the Southern states seceded primarily over the Constitutional issue of states’ rights issues is an oft-repeated one, and I think a troubling one for many reasons. For one thing, it’s part of a long tradition of trying to sidestep or minimize the problems of race-based slavery and the resulting intransigent racism that has plagued our country since its formative years, often on the part of people who don’t want to support laws that promote racial equality. For another, this states’ rights claim was as disingenuous then as it is now: the Southern states seceded not because the federal government was trying to stop slavery in their states. There was, as yet, no concerted attempt to do so. They were incensed that the federal government, in their view, was not doing enough to enforce the legal right to own slaves in free states: by forcing local governments and private individuals, against their own philosophical and religious convictions, to return escaped slaves; to allow slaveowners to retain their rights to own slaves when they traveled and even moved to free states; and to extend the rights to own slaves to new territories.

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Happy Birthday, Jeremy Bentham!

Jeremy Bentham's Auto-Icon at University College London, 2003 by Michael Reeve, GNU Free Documentation License Version 1.2

Jeremy Bentham’s Auto-Icon at University College London, photo 2003 by Michael Reeve

Jeremy Bentham, the great English moral and legal philosopher born on February 15, 1748, was a very strange man. A brilliant one, but strange nonetheless. He was a precocious child and advanced in his studies very early, finding Westminster and Queen’s College at Oxford too easy and therefore rather boring. He was trained as a lawyer but decided not to practice law after hearing William Blackstone’s lectures. Blackstone’s treatise Commentaries on the Laws of England is still considered one of the most authoritative and foundational works on English law, so for a guy to consider them so flawed that he’d want to give up his career seems a bit… well, presumptuous. But he demonstrated his own great intellectual capacities through his lifetime of prolific writing, mostly on legal theory, moral philosophy, and social reform. In the end, he earned the right to a certain degree of arrogance.

Bentham is generally considered the father of utilitarianism, the moral philosophy which judges anything that can be judged as right or wrong, good or evil, according to how conducive it is to ‘the greatest happiness of the greatest number.’ Utilitarianism, then, is a type of consequentialism, which holds that a thing is right or wrong based on its consequent harms or benefits. Bentham did not invent the principles of utilitarianism; he discovered them in the writings of Cesare Beccaria (who authored the ‘greatest happiness’ axiom), David Hume, Claude Helvétius, and Joseph Priestley. But he spent a lifetime synthesizing these principles into a cohesive, fleshed-out moral philosophy founded on utility, whether a law or action increases or decreases pleasure or happiness. This principle can seem too subjective to apply to matters of law or public policy; after all, what makes one happy can make another less so, and how can we determine whether the happiness of one is greater, or more important, than the happiness of another? Bentham, careful and systematic in his approach to this as he was to everything else, devised his ‘Felicific Calculus’ to solve this problem. Bentham believed that pleasure, a natural phenomenon like everything else in the world, was likewise quantifiable. He hoped his method of assigning unitary measurements to pleasure, then determining their relative values through mathematics, was a way to make his moral philosophy practicable, conducive to real social reform.

To many, the idea that pleasure and happiness could be reduced to mathematical formulas seems very strange; some think he may have had Asperger’s syndrome or another cognitive feature that caused Bentham to view emotion with such scientific detachment. But as socially awkward as he and his ideas often were, his utilitarian philosophy led to him to some moral conclusions that we now consider extremely progressive and much more caring than those typical of his times. For example, he was an early proponent of racial equality, women’s rights, and animal rights. As to animal rights, just as for all classes of human beings, considering only the pleasure and pain of some sentient beings and not others when it comes to morals is unscientific and therefore unjustifiably biased. After all, animals, like all human beings, have feelings too, and their feelings are just as important to them as ours are to us. So, a moral system based on feelings must consider all equally important, so that one unit of pig happiness, for example, is just as morally significant as one unit of human happiness. The only correct way to balance them out in matters of morals and public policy is to apply the Felicific Calculus to determine how much pleasure or pain each experience in any given situation.

At the end of his long and productive life, the committed naturalist arranged to have his body publicly dissected, both for scientific inquiry and to provide an example to others; he believed that a perfectly good body should never go to waste and that everyone should donate their body to science. He also arranged to have his head and skeleton preserved, dressed in his clothes and stuffed to look as lifelike as possible, to be displayed in some public place. The preservation of Bentham’s head, with its glass eyes he had purchased some years before, left much to be desired; the expression it ended up with creeped people out. So his Auto-Icon, as he called it, sits today in its glass case at University College, London with a nice lifelike wax head in its place. His real head is safely stored away where students, prone to stealing over the years in a series of pranks, can no longer get to it.

Read more about the brilliant and eccentric Bentham at:

Jeremy Bentham – by James E. Crimmins for The Stanford Encyclopedia of Philosophy

Jeremy Bentham – University College London website

Jeremy Bentham on the Suffering of Non-Human AnimalsUtilitarianism.com

Ordinary Philosophy and its Traveling Philosophy / History of Ideas series is a labor of love and ad-free, supported by patrons and readers like you. Please offer your support today!