David Hume and the Common Law of England

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)
DOI 10.3366/jsp.2005.3.1.67
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive Neil McArthur, David Hume and the Common Law of England
External links
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
A. Beitzinger (1975). The Place of Hume in the History of Jurisprudence. American Journal of Jurisprudence 20 (1):20-37.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

144 ( #12,523 of 1,724,890 )

Recent downloads (6 months)

65 ( #16,264 of 1,724,890 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.