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Law, self-interest, and the Smithian conscience

Abstract:

This essay examines how law understands and engages with self-interest. After examining the turn to voluntarism and away from a jurisdiction of conscience in recent law and legal theory, it moves attention to intellectual history, and examines the work of Adam Smith in ethics, economics and jurisprudence, where a theory of conscience based on sympathy is used to explain self-interest and to provide the ground of an original ethical system. Evidence is then adduced that lawyers in Chancery in ...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.5040/9781509903856.ch-014

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author

Contributors

Role:
Editor
Role:
Editor
Publisher:
Hart Publishing Publisher's website
Host title:
Law in Theory and History: New Essays on a Neglected Dialogue
Issue:
14
Pages:
250-283
Publication date:
2016-11-17
DOI:
ISBN:
9781849467995
Pubs id:
pubs:611329
UUID:
uuid:1444f910-f0c6-428b-971b-462a3343f802
Local pid:
pubs:611329
Source identifiers:
611329
Deposit date:
2016-03-22

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