We have now our list both of pains and pleasures and of the general modes of variation by which their value is to be measured. We must also allow for the varying sensibilities of different persons. Bentham accordingly gives a list of thirty-two 'circumstances influencing sensibility.'[393] Human beings differ in constitution, character, education, sex, race, and so forth, and in their degrees of sensibility to all the various classes of pains and pleasures; the consideration of these varieties is of the highest utility for the purposes of the judge and the legislator.[394] The 'sanctions' will operate differently in different cases. A blow will have different effects upon the sick and upon the healthy; the same fine imposed upon the rich and the poor will cause very different pains; and a law which is beneficent in Europe may be a scourge in America.
We have thus our 'pathology' or theory of the passive sensibilities of man. We know what are the 'springs of action,' how they vary in general, and how they vary from one man to another. We can therefore pass to the dynamics.[395] We have described the machinery in rest, and can now consider it in motion. We proceed as before by first considering action in general: which leads to consideration of the 'intention' and the 'motive' implied by any conscious action: and hence of the relation of these to the 'springs of action' as already described. The discussion is minute and elaborate; and Bentham improves as he comes nearer to the actual problems of legislation and further from the ostensible bases of psychology. The analysis of conduct, and of the sanctions by which conduct is modified, involves a view of morals and of the relations between the spheres of morality and legislation which is of critical importance for the whole Utilitarian creed. 'Moral laws' and a 'Positive law' both affect human action. How do they differ? Bentham's treatment of the problem shows, I think, a clearer appreciation of some difficulties than might be inferred from his later utterances. In any case, it brings into clear relief a moral doctrine which deeply affected his successors.
NOTES:
[387] Works, i. 205; and Dumont's Traités (1820), i. xxv, xxvi. The word 'springs of action' perhaps comes from the marginal note to the above-mentioned passage of Locke (bk. ii. chap. xxvi, § 41, 42).
[388] Morals and Legislation, chaps. iv., v., vi.
[389] See 'Codification Proposal' (Works, iv. 540), where Bentham takes money as representing pleasure, and shows how the present value may be calculated like that of a sum put out to interest. The same assumption is often made by Political Economists in regard to 'utilities.'
[390] Works ('Morals and Legislation'), i. 17 n.
[391] It is not worth while to consider this at length; but I give the following conjectural account of the list as it appears in the Morals and Legislation above. In classifying pain or pleasures, Bentham is, I think, following the clue suggested by his 'sanctions.' He is really classifying according to their causes or the way in which they are 'annexed.' Thus pleasures may or may not be dependent upon other persons, or if upon other persons, may be indirectly or directly caused by their pleasures or pains. Pleasures not caused by persons correspond to the 'physical sanction,' and are those (1) of the 'senses,' (2) of wealth, i.e. caused by the possession of things, and (3) of 'skill,' i.e. caused by our ability to use things. Pleasures caused by persons indirectly correspond first to the 'popular or moral sanction,' and are pleasures (4) of 'amity,' caused by the goodwill of individuals, and (5) of a 'good name,' caused by the goodwill of people in general; secondly, to 'political sanction,' namely (6) pleasures of 'power'; and thirdly, to the 'religious sanction,' or (7) pleasures of 'piety.' All these are 'self-regarding pleasures.' The pleasures caused directly by the pleasure of others are those (8) of 'benevolence,' and (9) of malevolence. We then have what is really a cross division by classes of 'derivative' pleasures; these being due to (10) memory, (11) imagination, (12) expectation, (13) association. To each class of pleasures corresponds a class of pains, except that there are no pains corresponding to the pleasures of wealth or power. We have, however, a general class of pains of 'privation,' which might include pains of poverty or weakness: and to these are opposed (14) pleasures of 'relief,' i.e. of the privation of pains. In the Table, as separately published, Bentham modified this by dividing pleasures of sense into three classes, the last of which includes the two first; by substituting pleasures of 'curiosity' for pleasures of 'skill' by suppressing pleasures of relief and pains of privation; and by adding, as a class of 'pains' without corresponding pleasures, pains (1) of labour, (2) of 'death, and bodily pains in general.' These changes seem to have been introduced in the course of writing his Introduction, where they are partly assumed. Another class is added to include all classes of 'self-regarding pleasures or pains.' He is trying to give a list of all 'synonyms' for various pains and pleasures, and has therefore to admit classes corresponding to general names which include other classes.
[392] Works i. 210, where he speaks of pleasures of the 'ball-room,' the 'theatre,' and the 'fine arts' as derivable from the 'simple and elementary' pleasures.
[393] Works ('Morals and Legislation'), i. 22 etc.