mstance'--meaning by 'circumstance' something not
given in the agent himself. We have, however, no more right as good
empiricists to assert than to deny that all difference comes from
'circumstance.' If we take 'man' as a constant quantity in our
speculations, it requires at least a great many precautions before we
can assume that our abstract entity corresponds to a real concrete unit.
Otherwise we have a short cut to a doctrine of 'equality.' The theory of
'the rights of man' lays down the formula, and assumes that the facts
will correspond. The Utilitarian assumes the equality of fact, and of
course brings out an equally absolute formula. 'Equality,' in some
sense, is introduced by a side wind, though not explicitly laid down as
an axiom.[458] This underlying tendency may partly explain the
coincidence of results--though it would require a good many
qualifications in detail; but here I need only take Bentham's more or
less unconscious application.

Bentham's tacit assumption, in fact, is that there is an average 'man.'
Different specimens of the race, indeed, may vary widely according to
age, sex, and so forth; but, for purposes of legislation, he may serve
as a unit. We can assume that he has on the average certain qualities
from which his actions in the mass can be determined with sufficient
accuracy, and we are tempted to assume that they are mainly the
qualities obvious to an inhabitant of Queen's Square Place about the
year 1800. Mill defends Bentham against the charge that he assumed his
codes to be good for all men everywhere. To that, says Mill,[459] the
essay upon the 'Influence of Time and Place in Matters of Legislation'
is a complete answer. Yet Mill[460] admits in the same breath that
Bentham omitted all reference to 'national character.' In fact, as we
have seen, Bentham was ready to legislate for Hindoostan as well as for
his own parish; and to make codes not only for England, Spain, and
Russia, but for Morocco. The Essay mentioned really explains the point.
Bentham not only admitted but asserted as energetically as became an
empiricist, that we must allow for 'circumstances'; and circumstances
include not only climate and so forth, but the varying beliefs and
customs of the people under consideration. The real assumption is that
all such circumstances are superficial, and can be controlled and
altered indefinitely by the 'legislator.' The Moor, the Hindoo, and the
Englishman are all radically identica