The Science of a Legislator

The Natural Jurisprudence of David Hume and Adam Smith

By: Knud Haakonssen

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Paperback | 6 November 1989

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252 Pages

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15.2 x 22.8 x 2.4

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Combining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of -- and partly in response to -- David Hume''s theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume''s analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with a thorough investigation of Hume, from which he goes on to show the philosophical originality of Smith''s new form of natural jurisprudence. At the same time, he provides an over-all reading of Smith''s social and political thought, demonstrating clearly the exact links between the moral theory of The Theory of Moral Sentiments, the Lectures on Jurisprudence, and the socio-historical theory of The Wealth of Nations.

This is the first full analysis of Adam Smith''s jurisprudence; it emphasizes its normative and critical function, and relates this to the psychological, sociological, and historical aspects which hitherto have attracted most attention. Dr Haakonssen is critical of both purely descriptivist and utilitarian interpretations of Smith''s moral and political philosophy, and demonstrates the implausibility of regarding Smith''s view of history as pseudo-economic or ''materialist''. By drawing on all of Smith''s works, he shows that the framework for Smith''s discussion is an interesting theory of human knowledge which leads to an original philosophy of history.

The book will interest scholars and students of moral, political, and legal philosophy, and their histories, eighteenth-century history, andthe history of ideas.

Industry Reviews

'This excellent book is aimed, in a sense, at completing the last great work which Adam Smith projected ... The first major study of Smith's legal and political philosophy which takes account of the new edition of the Lectures on Jurisprudence, it skilfully and persuasively reconstructs a Smithian theory of justice and of positive law, showing the critical edge of the former as applicable to the latter ... As well as making a first-class contribution to Smith studies, this book is in its own right an important statement in legal and political philosophy.'

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Acknowledgements	p. vii
List of abbreviations	p. viii
Introduction	p. 1
Hume's theory of justice	p. 4
One theory or two?	p. 4
Moral evaluation	p. 7
The motive for justice -- a dilemma	p. 9
The origins of justice	p. 12
Nature and artifice	p. 21
Property	p. 27
Promises	p. 29
Obligation	p. 30
Two difficulties	p. 35
The role of history	p. 36
Utility and natural justice	p. 39
Smith's moral theory	p. 45
Hume and Smith on sympathy	p. 45
Sympathy and moral approval	p. 49
The mutuality of sympathy	p. 52
Common standards, ideal standards, and social adaptation	p. 54
General rules and moral value	p. 61
Merit and demerit	p. 63
The role of utility	p. 67
The role of religion	p. 74
Teleology	p. 77
Moral theory and human knowledge	p. 79
Smith's theory of justice and politics	p. 83
Positive and negative virtues	p. 83
Justice and utility	p. 87
Political theory	p. 89
Politics and justice	p. 93
Smith's analytical jurisprudence	p. 99
The legal system	p. 99
Real rights	p. 104
Personal rights	p. 112
Delict, or theory of punishment	p. 114
Domestic law	p. 123
Public law	p. 127
Laws of nations	p. 133
Smith's critical jurisprudence	p. 135
Introduction	p. 135
Legal reasoning	p. 136
Legal criticism	p. 139
The critical programme	p. 147
The object of criticism	p. 151
Smith's historical jurisprudence	p. 154
Introduction	p. 154
Primitive society	p. 155
Shepherd society	p. 157
Greece and Rome	p. 159
The emergence of modern Europe	p. 165
The development of modern law	p. 171
Natural jurisprudence in the face of history	p. 178
Notes	p. 190
Bibliography	p. 227
Index	p. 231
Table of Contents provided by Syndetics. All Rights Reserved.

The Science of a Legislator

The Natural Jurisprudence of David Hume and Adam Smith

At a Glance

Paperback

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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