David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Scottish Philosophy 3 (1):67-82 (2005)
David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial reason and the esoteric nature of the law, and on the role of judges in the legal system are all at odds with those of the common lawyers.
|Keywords||law jurisprudence common law history|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Robert J. Roth (1991). David Hume on Religion in England. Thought 66 (1):51-64.
Thomas Hobbes (2005). A Dialogue Between a Philosopher and a Student, of the Common Laws of England. Oxford University Press.
Neil Mcarthur (2007). David Hume, Moral and Political Theorist. Hume Studies 33 (2):358-360.
Russell Hardin (1984). Book Review:Philosophy and Ideology in Hume's Political Thought. David Miller; David Hume: Common-Sense Moralist, Sceptical Metaphysician. David Hume, David Fate Norton. [REVIEW] Ethics 94 (3):534-.
Laird Okie (1985). Ideology and Partiality in David Hume's History of England. Hume Studies 11 (1):1-32.
Gerald J. Postema (1986). Bentham and the Common Law Tradition. Oxford University Press.
Campbell Brown (2014). Minding the Is-Ought Gap. Journal of Philosophical Logic 43 (1):53-69.
Added to index2010-07-11
Total downloads67 ( #21,524 of 1,101,180 )
Recent downloads (6 months)16 ( #10,387 of 1,101,180 )
How can I increase my downloads?