
Contents
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A. Legal Education and Natural Law A. Legal Education and Natural Law
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B. Adam Smith’s Natural Jurisprudence B. Adam Smith’s Natural Jurisprudence
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(1) Smith’s general approach (1) Smith’s general approach
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(2) Justice and rights (2) Justice and rights
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(3) Justice, rights, and history (3) Justice, rights, and history
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(4) Government, sovereignty, and positive law (4) Government, sovereignty, and positive law
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(5) The need for law to be developed (5) The need for law to be developed
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C. Smith and Legal Education C. Smith and Legal Education
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3 The Influence of Smith’s Jurisprudence on Legal Education in Scotland
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Published:August 2015
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Abstract
This chapter examines the influence of Adam Smith's jurisprudence on legal education in Scotland. By the middle years of the eighteenth century, natural law thinking had come to dominate the moral philosophy curriculum in the University of Edinburgh and the University of Glasgow. Of primary importance in this development was Gershom Carmichael's adoption of Samuel von Pufendorf's treatise De officio hominis et civis in Glasgow in the 1690s. Following Pufendorf, Carmichael redefined moral philosophy as natural law. The chapter argues that Smith's Lectures on Jurisprudence showed how law could be taught as a dynamic historical process and that he revitalised the teaching of natural law as a potential discipline for lawyers. It explains how Smith turned natural law from an abstract ahistorical discipline into a concrete, historical explanation and critique of law.
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