Utility, Reason and Rhetoric: James Mill's Metaphor of the Historian as Judge

James Mill's History of British India (1817) made a rather strange claim: first-hand experience of India was not vital in writing a history – potentially, it led to false ideas about its subject-matter: eyewitnesses are susceptible to bias. The historian was thus to perform his task as a judge: sifting through various testimonies to obtain a ‘more perfect’ conception of the whole than those who witnessed its various parts. Although strange, Mill's claim does not bewilder his readers: after all, Mill was a ‘militant’ exponent of theorizing utilitarianism. I argue that such a reading of Mill's method is injudiciously restrictive. Not only did Mill draw on well-known methodological concerns in contemporary historiographical practice, not necessarily linked with Jeremy Bentham or the Scottish theoretical historiography, but he also seemed to adopt the vocabulary of forensic rhetoric, making his claim that his was a ‘judging’ history more literal than it has been supposed.