ABSTRACT

Indirect legislation defines the outer boundary of the penal branch of jurisprudence, which by no means prescribes limits for government as a whole. Indirect legislation is indirect because it involves action on the part of the legislator, but the instrument of this action is not isolable as a specific political sanction, in the form of punishment. Constitutional law is the only one of my areas that is directly addressed in The Limits of the Penal Branch of Jurisprudence and also dealt with at any length in the manuscripts on 'Indirect Legislation', in the chapter on 'Expedients against Misrule'. Two of the chapters of 'Indirect Legislation' are on the 'Culture of the Moral Sanction' and the 'Culture of the Religious Sanction'. Jeremy Bentham's aim is nothing less than a culture revolution in attitudes toward sexual practice. In conclusion, the limits of the penal branch of jurisprudence are not at all limits for the art of government as Bentham understands it.