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
- What does your unfinished science of justice offer a person who senses that laws are made yet cannot say what makes a law just?
- You treat justice as something a systematic science could establish — but isn't a sense of justice more felt than deduced?
- How is the justice you pursue in these lectures different from whatever the laws of a given state happen to command?
- To seek justice through a science of jurisprudence rather than moral feeling, what trust in conscience alone must be set aside?
- For someone who obeys the law but doubts it is fair, what does your account of where justice comes from give them to think with?