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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Adam Smith and Law

Edited by: Professor Robin Paul Malloy, Professor Tom D. Campbell

ISBN13: 9781472427601
Published: January 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £225.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The essays selected for this volume highlight the contributions of Adam Smith to our understanding of law and jurisprudence. The collection provides a detailed and overarching analysis of Smith’s work related to law and shows how Smith connected jurisprudence to moral philosophy and to economics. In this regard, the volume is unique and stands out in comparison to the many books which explore Smith’s contributions to economics.

Contributions to this volume form the core of an essential research collection on Adam Smith and law by reproducing key works of scholarship in a form that permits the user to authoritatively cite the original publications; maintaining the original pagination and references.

Introduction, Robin Paul Malloy
Part I General Principles of Jurisprudence
Adam Smith and jurisprudence, C.A. Cooke
Adam Smith on law, Neil MacCormick
Adam Smith's jurisprudence - between morality and economics, Peter Stein
Adam Smith on justice, rights, and law, David Lieberman
Adam Smith and the law, Fabrizio Simon
Part II Securing Justice
Adam Smith and the role of the courts in securing justice and liberty, John W. Cairns
Adam Smith's treatment of criminal law, J. Ralph Lindgren
Adam Smith on delictual liability, Kenneth A.B. Mackinnon
Adam Smith's historical jurisprudence and the 'method of the civilians', Ernest Metzger
Part III Moral Foundations and Historical Influence
Adam Smith and 'the most sacred rules of justice', Christel Fricke
On the role of positive law in humankind's evolution, Jerry Evensky
The importance of Adam Smith's Wealth of Nations in English history, W.S. Holdsworth
Adam Smith at the constitutional convention, Iain Mclean and Scot M. Peterson
Part IV Contemporary Perspectives
Adam Smith and the economy as a system of power, Warren J. Samuels
Modern natural law meets the market: the case of Adam Smith, Amit Ron
Limited liability and the wealth of 'uncivilised nations': Adam Smith and the limited to the European enlightenment, Hugh Goodacre
Freeing Smith from the 'free market': on the misperception of Adam Smith on the economic role of government, Warren J. Samuels and Steven G. Medema
The neglected agent: justice, power and distribution in Adam Smith, Amos Wiztum and Jeffrey T. Young
Part V 'Appearances' in the Courts of the United States
Adam Smith, collusion and 'right' at the Supreme Court, David M. Levy and Sandra J. Peart
Adam Smith in the courts of the United States, Robin Paul Malloy