Abstract

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Utilitarianism in the Early American Republic by James E. CrimminsAndrew GustafsonUtilitarianism in the Early American Republic James E. Crimmins. Routledge, 2022.There are many important influences on American Pragmatism, but one which is frequently overlooked is the influence of Utilitarianism, both on American thought in general, and American Pragmatism in particular. It is difficult to imagine anyone better to write this book than James Crimmins. As a leading Bentham scholar, among his twelve previously published books on utilitarianism, he is editor of the Bloomsbury Encyclopedia of Utilitarianism (Bloomsbury, 2013) and the four-volume set Utilitarians and Their Critics in America, 1789–1914 (Thoemmes Continuum, 2005). His vast knowledge of the history of utilitarianism, which he has spent his entire career investigating, makes him the perfect author for this very helpful book on the influences of utilitarianism in early American thought. It is a rich sourcebook that can help direct anyone looking to do more research in this area. Here, Crimmins provides a thorough historical account of the influence of utilitarianism on the development of early American thought and the rise of pragmatism, giving reason to believe that utilitarianism was more impactful on American pragmatism than is often realized.The first chapter highlights why utilitarian influence on American law and politics is overlooked and why it should not be. Chapters 2 and 3 explain how American thought leaders came to know of Bentham's work, and chapters 4–7 discuss concrete examples of thinkers who brought utilitarianism to bear on issues in America (for example, Hoffman on legal studies in chapter 4, Livingston on legislative law in chapter 5, the death penalty debate in chapter 6, and Thomas Cooper's wide-ranging influences in chapter 7). The epilogue provides a specific set of arguments for why the utilitarians' influence on American Pragmatism should be more widely recognized and investigated.Crimmins begins the book by explaining why utilitarianism, as an influence in early American politics, is typically excluded and ignored by thinkers from John Dewey to Élie Halévy. One reason is that William Paley's Principles of Political and Moral Philosophy (which was used widely as a moral text in US universities throughout the 1800s) was published in 1785, and Bentham's An Introduction to the Principles of Morals and Legislation was published in 1789, and even then Bentham's ideas didn't gain public circulation (and then only in French) until Etienne Dumont published the three-volume Traités de législation civile et pénale in 1802. But the more important reason utilitarianism [End Page 106] has not received attention, according to Crimmins, is due to the dominant focus placed on Locke's natural law and rights view being the lens by which American politics has been understood. Some have challenged this Lockean consensus and pointed out that republican virtues drawn from the ancient Greeks and others show up in ideas such as the "right to happiness" (which is a right that is found nowhere in Locke) (20). Crimmins shows that there was a very strong emphasis on "public utility," "general welfare," and happiness, and this frequently outweighed concerns for natural rights for thinkers like Thomas Paine, John Adams, Nathaniel Chipman, Joseph Haven, and many other early American thinkers. Furthermore, utilitarian considerations can be found in the Constitution and federalist papers, and even Tocqueville explained American thinking through the lens of utilitarian concerns.Bentham was ambitious in attempting to promote codification of law in many countries worldwide. While Bentham had made offers (some accepted, some rejected) to help in the codification of law to various countries, ranging from Catherine the Great's Russia to France, Portugal, Spain, and numerous South American countries, he spent much of the last quarter of his life focused on trying to provide his services to the new United States. In chapter 2, Crimmins provides a history of the dissemination of Bentham's ideas in the United States, highlighting some of the key promoters of his ideas in the United States, including Richard Hildreth and John Neal, as well as John O'Sullivan, Gilbert Vale, and, of course, Thomas Cooper. Crimmins also provides a meticulous account of Bentham's personal attempts...