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Vol 21 No 9 Sept/Oct 2016

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Hume and Law

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ISBN13: 9780754627333
Published: May 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £210.00

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There has been a huge upsurge in Hume research over the past thirty years. However, one area that has not received its due share of attention is David Hume's legal thought where the research has been fragmented and often un-championed. This volume - the first collection of essays in English to focus on Hume's legal ideas - celebrates the diversity of Hume's contributions to jurisprudence. Topics are as varied as legal causation, theories of punishment and of property, contract, and legal obligation, in addition to Hume's notorious assertion of the artificiality of justice, and are supplemented by a bibliography of law-related articles on Hume.

The juxtaposing of these topics brings out the - often unappreciated - coherence of the theory that underlies them, anchoring law firmly in Hume's overall epistemology and empiricist methodology.

Hume's key insight that law and legal institutions develop contextually but naturally from conventions, driven by the human condition, is a particularly modern one. And it is one, as these essays reveal, that opens up a huge potential for further research - by philosophers, social scientists, and jurists.

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Part I Law and Legal Theory: David Hume and the 18th-century conception of natural law, P. Milton
David Hume and the empiricist theory of law, S. Wein
David Hume's legal theory: the significance of general laws, N. McArthur
The place of Hume in the history of jurisprudence, A. Beitzinger.
Part II Justice: A: Origins: David Hume and justice, I.F.G. Baxter
Hume and Rawls on the circumstances and priority of justice, A. Lister
B: Sensible Knave and Obligations: Legal obligation in Hume, L. Bagolini
Hume's reply to the Sensible Knave, G. Postema
Hume's Knave and the interests of justice, J. Baldwin
C: Content and Scope of Justice: From order to justice, R. Hardin
Rule-utilitarianism and Hume's theory of justice, A. Macleod
Hume on justice to animals, Indians and women, A. Kuflik.
Part III Property: Hume's theory of property, G.E. Panichas
Property and possession: two replies to Locke - Hume and Hegel, C.J. Berry
The advantages and difficulties of the Humean theory of property, J. Waldron.
Part IV Contract: Promises: Rules, rights and promises, G.E.M. Anscombe
Promises, promises, promises, A. Baier.
Part V Law and Government: Hume and Kant on the social contract, J.G. Murphy
Hume and contractarianism, F.G. Whelan
The shackles of virtue: Hume on allegiance to government, R. Cohon
Hume and the future of the society of nations, R.J. Glossop.
Part VI Liberty: The preservation of liberty, N. Capaldi.
Part VII Causation: Causation in the law, H.L.A. Hart and T. Honore.
Part VIII Responsibility and Punishment: Character, purpose, and criminal responsibility, M. Bayles
Hume on responsibility and punishment, P. Russell
Hume on punishment, W. Cragg
To exclude or not to exclude improperly obtained evidence: is a Humean approach more helpful?, J. Allan
Name index.