A contemporary interpretation of Adam Smith's work on jurisprudence, revealing Smith's belief that progress emerges from cooperation and a commitment to justice. In Smith's theory, the tension between self–interest and the interests of others is mediated by law, so that the common interest of the community can be promoted. Moreover, Smith informs us that successful societies do at least three things well. They promote the common interest, advance justice through the rule of law, and they facilitate our natural desire to truck, barter, and exchange. In this process, law functions as an invisible force that holds society together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adam Smith's invisible hand, guiding and facilitating the progress of humankind.
Author(s): Robin Paul Malloy
Edition: 1
Publisher: Cambridge University Press
Year: 2022
Language: English
Commentary: TruePDF | Full TOC
Pages: 205
Tags: Law And Econmics; Smith, Adam, 1723-1790: Influence
Cover
Half title
Title
Copyright
Dedication
Contents
About the Cover
Figures
About the Author
Preface
Acknowledgments
Guide to Citations by Adam Smith
1 | Introduction
2 | Setting the Stage
3 | Social Organization in the Informal Realm
3.1 | The Invisible Hand
3.2 | The Man In The Mirror
3.3 | The Imparcial Spectator
3.4 | Connecting Smith's Three Metaphors
4 | Social Organization in the Formal Realm
4.1 | Utility
4.2 | Authority
4.3 | Justice
4.4 | Connecting Smith’s Three Pillars
5 | Integrating the Informal and Formal in Smith’s Theory
6 | The Spectator View
6.1 | Language And Interpretation
7 | Judgment and Justice
7.1 | Aesthetic Judgement, Justice, And Smith's Ideal
8 | The Sentiment of Common Interest
9 | The Impartial Spectator, Homo economicus, and Homo identicus
9.1 | Homo Economicus
9.2 | Homo Identicus
9.3 | A False Dichotomy And The Impartial Spectator
10 | Understanding the Four Stages of Progress
10.1 | Smith's Four Stages
10.2 | Market Process Theory
11 | Adam Smith in American Law
1796 Through The Early Post–Civil War Era
Latter Part Of The Nineteenth And Early Part
Of The Twentieth Centuries
Mid Twentieth Century
Late Twentieth Century And The First Two Decades
Of The New Millennium
12 | Parting Thoughts
Bibliography
Works Of Adam Smith
Books
Cases
Newspaper/Magazine
Statutes
Webpages
Index
