The science of justice Smith never finished
Can justice be worked out as a system, the way one lays out a science? These notes are the fullest surviving trace of the theory of law Smith pursued all his life and never completed.
Behind the economics runs Smith's real ambition: a systematic theory of justice — a natural jurisprudence explaining how societies come to hold property, punish crime, tax and govern. The lectures work through law and government as a science with principles, not a catalogue of statutes, asking what justice requires rather than what any state happens to command. Smith had his own papers burned before he died, so this theory would have vanished entirely without a set of student notes. What survives is a draft: the fullest record we have of a project its author worked toward for decades and could never bring himself to finish or publish.
- jurisprudence
- justice
- legal history
- property rights
- criminal law
- sovereignty
- taxation
Enter a dialogue
- Ask a porter why he obeys the magistrate, you say, and he will never mention a contract. If nobody agreed to it, why does government last?
- Grotius, author of the first system of natural law, held war lawful when a state suffers an injury a judge would redress. Is war justice without a court?
- What does your unfinished science of justice offer a person who senses that laws are made yet cannot say what makes a law just?
- Two things draw people into civil society: authority, such as age, strength and wealth, and usefulness. Which holds a state together more firmly?
- Hereditary nobles are, on your account, the great security of liberty, since the oppressed can rally round them as leaders. Why would nobles protect others' freedom?