E-Book Overview
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'.
E-Book Content
THE SCIENCE OF A LEGISLATOR
THE SCIENCE OF A LEGISLATOR The Natural Jurisprudence of David Hume and Adam Smith
KNUD HAAKONSSEN
CAMBRIDGE UNIVERSITY PRESS LONDON
CAMBRIDGE _l i � I NEW YdRK 'NEW·HOCHELLE 1
MELBOURNE
.1
•
SYDNEY
Published by the Press Syndicate of the University of Cambridge The Pitt Building, Trumpington Street, Cambridge CB2 lRP 32 East 57th Street, New York, NY 1002 2, USA 296 Beaconsfield Parade, Middle Park, Melbourne 3206, Australia ©Cambridge University Press First published
1981
1981
Printed in Great Britain by
Westem Printing Services Ltd, Bristol British Library Cataloguing in Publication Data
I.
2.
Haakonssen, Knud The science of a legislator. Hume, David, 17n-1776-Law Smith, Adam, 1723-1790-Law 3. Jurisprudence I. Title 340'.109
B1499.L3
80-42001
ISBN 0 521 23891 9
Contents
page Acknowledgemen ts List of abbreviations Chapter
1
vii viii
Introduction
Chapter 2 Hume's theory of justice
1 One theory or two?
2 Moral evaluation 3 The motive for justice - a dilemma
4 The origins of justice 5 Nature and artifice 6 Property
4 4 7 9
12 21 27
7 Promises
29
8 Obligation
30
g
Two difficulties
35
1 o The role of history
36
I I
Utility and natural justice
Chapter 3 Smith's moral theory I
Hume and Smith on sympathy
2 Sympathy and moral approval
3 The mutuality of sympathy
39 45 45
49
52
4 Common standards, ideal standards, and social adaptation 5 General rules and moral value
6I
6 Merit and demerit
63
7
The role of utility
8 The role of religion
g
Teleology
10 Moral theory and human knowledge
Chapter 4 Smith's theory of justice and politics
54
67
74 77 79 83
I
Positive and negative virtues 2 Justice and utility
83 87
3 Political theory
4 Politics and justice
89 93
Contents
vi
Chapter 5 Smith's analytical jurisprudence 1 The legal system
2 3
Real rights Personal rights
99 99 104 112
4 D