This article analyzes the aggregate of reality cognition methods used in certain theories in the history of ethics and legal thought that are based on the principle of utility. The objective of this article is to provide a full study of the methodology of the utilitarianism to determine the place of the methodology in the establishment of utilitarianism, and also to expand the understanding of the development of legal utilitarianism, origin of ethics and legal prerequisites for the emergence of legal utilitarianism. The article used methods such as universal reality cognition methods, general scientific methods, such as the historical method, formal and logic (dogmatic) method, analysis, synthesis and others and specific (specifically scientific) methods. The main result of the article is the justification that the emergence of utilitarianism is conditioned, inter alia, by the synthesis of the empirical and theoretical methodology. efore that, the application of purely empirical or purely theoretical methodologies for considering the state and legal phenomena through the prism of utility did not lead to the creation of a separate branch of philosophy, ethic and legal thought – utilitarianism. The main conclusion of this article is that the "moral arithmetic" created under classical utilitarianism and later developed in the contemporary utilitarianism,based on which it is possible to compute the utility of this or that action (totality of actions), contradicts such universal legal values as justice, defense, enforcement of rights and freedoms, principle of equality, and the moral values, and, therefore, cannot be supported.    

Legal utilitarianism is attractive for practice because this field of legal thought and philosophy of law sets out a particular direction of legal policy and statutory regulation (focus on the utility principle in decision-making) that can, under certain reservations, be used to improve people's lives. Most scholars conclude that the first utilitarian was J. Bentham. However, scientific studies prevalently do not involve the analysis of earlier legal doctrines in relation to the use of utility principle. Thus, the relevance and scientific novelty of analysis of the origin of legal utilitarianism is associated with the need to develop a theoretical component of this doctrine that is of current interest for the legal policy and to enlarge the underdeveloped - in our opinion - theoretical framework of legal utilitarianism genesis. The purpose is to identify the first theory in the history of legal thought, which can be classified as legal utilitarianism, and, if such theory is the J. Bentham's utilitarianism, to determine the reasons why earlier theories based on the utility principle cannot be classified as legal utilitarianism. The theoretical basis of the article is materials such as original sources by various thinkers whose works are based on the utility principle and scientific papers of European and the US researchers. For the purpose of the article, the following methodological tools were used: metaphysical (dialectic method), general (analysis and synthesis, deduction and induction, analogy, comparison) and specific (historical and legal-historical) scientific methods. The main outcome of the research is identification of distinct features of pre-Bentham legal thought based on the utility principle and identification of pre-requisites and basis (provisions which had formed the basis) for J. Bentham's utilitarianism, as well as the answer to the question: Was J. Bentham the first legal utilitarian?.

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The review on the monograph by Igor V. Kolosov “History of Legal Consequentialism: Effectiveness of Law” analyzes and evaluates the content of the monograph. The review emphasizes and investigates contribution of the monograph to the modern development of historical and theoretical ideas about effectiveness of legal regulation and law enforcement, as well as the main practical conclusions of the monograph. In the modern period, when confrontation of various kinds of interests is evident, profit and result are the main guidelines in practical activities almost everywhere. Due to this, common legal and human values, including the need to ensure equality and justice, as well as issues of general legal and human values are more relevant and significant than ever. This makes us refer to classical thought, requires adaptation of ideas formed throughout the history of legal thought to modern realities to improve the existing legal order.