The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam SmithCambridge University Press, 1989 M07 28 - 252 páginas 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 sociohistorical 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 histroical 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'. |
Contenido
Introduction | 1 |
Humes theory of justice | 4 |
2 Moral evaluation | 7 |
3 The motive for justice a dilemma | 9 |
4 The origins of justice | 12 |
5 Nature and artifice | 21 |
6 Property | 27 |
7 Promises | 29 |
4 Politics and justice | 93 |
Smiths analytical jurisprudence | 99 |
2 Real rights | 104 |
3 Personal rights | 112 |
4 Delict or theory of punishment | 114 |
5 Domestic law | 123 |
6 Public law | 127 |
7 Laws of nations | 133 |
8 Obligation | 30 |
9 Two difficulties | 35 |
10 The role of history | 36 |
11 Utility and natural justice | 39 |
Smiths moral theory | 45 |
2 Sympathy and moral approval | 49 |
3 The mutuality of sympathy | 52 |
4 Common standards ideal standards and social adaptation | 54 |
5 General rules and moral value | 61 |
6 Merit and demerit | 63 |
7 The role of utility | 67 |
8 The role of religion | 74 |
9 Teleology | 77 |
10 Moral theory and human knowledge | 79 |
Smiths theory of justice and politics | 83 |
2 Justice and utility | 87 |
3 Political theory | 89 |
Smiths critical jurisprudence | 135 |
2 Legal reasoning | 136 |
3 Legal criticism | 139 |
4 The critical programme | 147 |
5 The object of criticism | 151 |
Smiths historical jurisprudence | 154 |
2 Primitive society | 155 |
3 Shepherd society | 157 |
4 Greece and Rome | 159 |
5 The emergence of modern Europe | 165 |
6 The development of modern law | 171 |
Natural jurisprudence in the face of history | 178 |
Notes | 190 |
Bibliography | 227 |
231 | |
Términos y frases comunes
actions Adam Smith approval argument arises artificial virtues basic behaviour character civil clearly concerned connection consequences context contract contract law crime David Hume defence delict discussion distinction Enquiry established explain fact feeling feudal Francis Hutcheson human nature Hume Hume's theory impartial spectator important individual influence injury injustice institution interest judge kind latter laws of justice laws of police legal positivism liberty LJ(A LJ(B LRBL mankind means ment moral evaluation moral judgement Moral Sentiments motive mutual sympathy natural jurisprudence natural justice natural rights negative never obligation obviously origin of justice particular passions person philosophical political present primogeniture principles problem promises propriety reason rules of justice sense situation slavery Smith's theory social society sovereign sympathetic teleological tendency theory of justice Theory of Moral thing tion Treatise utility villeins Wealth of Nations whole