Law And The Invisible Hand: A Theory Of Adam Smith's Jurisprudence

Description

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. 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