Jurisprudence Lecture Youtube

0 views

Skip to first unread message

Shawana Messerli

unread,

Aug 3, 2024, 4:28:37 PM8/3/24

to crouchleocenra

Published as part of the 1976 Glasgow Edition of the works and correspondence of Adam Smith. It consists of two sets of lecture notes that were apparently taken from Smith's lectures of the 1760s, along with an 'Early Draft' of The Wealth of Nations. The same material had also appeared as An Early Draft of Part of The Wealth of Nations and as Lectures on Justice, Police, Revenue and Arms.

The pros and cons of money, prices, and financial exchanges fall under this section of the Lectures "since the regulation of prices and the creation of money by the state both came under the head of police."[6]

According to William Caldwell, the lectures accomplish three goals: they detail Smith's philosophy and beliefs about economics, they explain his motivation to write about the historical origins of political societies, and they show the influence of mercantilism and Francis Hutcheson on Smith's thoughts on the political economy.[6] In an article for Political Science Quarterly, Wilhelm Hasbach [de] opines that Smith believed that the political economy is the foundation for morality, law, government, wealth, revenue, and arms, a position that originated from the idea of natural law.[4] He also notes that Smith's relationship with the physiocrats is important in the Lectures and that some critics state that Smith produced the same concepts as the physiocrats on economics.[4] Hasbach also states that Smith expands on physiocratic ideas by advocating a freedom of industry. Smith expects that industry - and also commerce - be laisser-faire and relevant to all aspects of political economics.[4] Another scholar, C. F. Bastable, notes that Smith recognizes the need for industry for the production of wealth. Industry creates capital which is much needed in an economically viable society.[8]

Hasbach has also written that the Lectures offer a perspective of Smith's view on property that differs from that of John Locke. Smith believes that property does not lie within the individual but rather that it ought to be shared within society. "The individual and his labor are in no respect the ultimate source of the right of property in land: the origin of this right is in society."[4] Also, according to Hasbach, Smith rejects a state of nature and the doctrine on an original contract, two ideas supported by Locke.[4]

The Kellogg Biennial Lecture in Jurisprudence presents the most distinguished contributors to international jurisprudence, judged through writings, reputation and broad and continuing influence on contemporary legal scholarship. Previous Kellogg lecturers include Ronald Dworkin, Joseph Raz, Amartya Sen, Michael Sandel, Jeremy Waldron, Martha Nussbaum, and Jeffrey Stout.

Frederic Rogers Kellogg was born in Boston and attended Harvard College and Harvard Law School. He served as an assistant U.S. attorney and later as an adviser to Attorney General Elliot L. Richardson during the Watergate crisis. He later earned a doctorate in jurisprudence at the George Washington University and published two books on Justice Oliver Wendell Holmes. Mr. Kellogg was a Fulbright Senior Scholar in Poland and Brazil, a Sir Neil MacCormick Fellow at the University of Edinburgh in Scotland, and a former visiting professor at the Federal University of Pernambuco, Brazil.

the matter of jurisprudence is positive law: law, simply and strictly so called: or law set by political superiors to political inferiors. But positive law (or law, simply and strictly so called) is often confounded with objects to which it is related by resemblance, and with objects to which it is related in the way of analogy: with objects which are also signified, properly and improperly, by the large and vague expression law. To obviate the difficulties springing from that confusion, I begin my projected Course with determining the province of jurisprudence, or with distinguishing the matter of jurisprudence from those various related objects: trying to define the subject of which I intend to treat, before I endeavour to analyse its numerous and complicated parts.

To save content items to your account,please confirm that you agree to abide by our usage policies.If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.Find out more about saving content to Dropbox.

This lecture series is made possible through the generosity of Frederic R. and Molly S. Kellogg. Ronald Dworkin, professor of jurisprudence at University College London and the New York University School of Law, delivered the inaugural lecture in 2009.

These blogs are governed by the general rules of respectful civil discourse. By commenting on our blogs, you are fully responsible for everything that you post. The content of all comments is released into the public domain unless clearly stated otherwise. The Library of Congress does not control the content posted. Nevertheless, the Library of Congress may monitor any user-generated content as it chooses and reserves the right to remove content for any reason whatever, without consent. Gratuitous links to sites are viewed as spam and may result in removed comments. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on the Library site. Read our Comment and Posting Policy.

Links to external Internet sites on Library of Congress Web pages do not constitute the Library's endorsement of the content of their Web sites or of their policies or products. Please read our Standard Disclaimer.

Austin, John. Lectures on Jurisprudence or the Philosophy of Positive Law. Fifth Edition, Revised and Edited by Robert Campbell. Originally published: London: John Murray, 1885. 2 Vols. xxiii, 507; xiii, 509-1132 pp. Reprinted 2004, 2014 by The Lawbook Exchange, Ltd. ISBN-13: 9781584774297; ISBN-10: 1584774290. Hardcover. New. $135. * Reprint of the fifth and best edition of Austin's magnum opus. First published in 1863, this work is a landmark in the development of modern legal thought. Its most important contributions are the strict delimitation of law and its distinction from morality, the elaboration of the idea of law as a kind of command and the close examination of such common legal terms as right, duty, liberty, injury and punishment. Widely regarded as the best, this fifth edition, edited by Campbell, had a profound influence on several important Anglo-American jurists such as Oliver Wendell Holmes, Jr. "No writer whom we know had more of the qualities needed for initiating and disciplining other minds in the difficult art of precise thought. Though the merit and worth of his writings as a contribution to the philosophy of jurisprudence are conspicuous, their educational value, as a training school for the higher class of intellects, will be found, we think, to be still greater. Considered in that aspect, there is not extant any other book which can do for the thinker exactly what this does. Independently of the demands which its subject makes upon the attention, not merely of a particular profession, but of all liberal and cultivated minds, we do not hesitate to say that as a mere organon for certain faculties of the intellect, a practical logic for some of the higher departments of thought, these volumes have a claim to a place in the education of statesmen, publicists, and students of the human mind." --JOHN STUART MILL, The Edinburgh Review 118 (October 1863) 139 JOHN AUSTIN [1790-1859] was the founder of English analytical jurisprudence and the first to subject the law to inductive analysis. When University College, London was founded, in 1826, he was appointed its first professor of jurisprudence, a subject that had previously occupied an unimportant place in legal studies. Posthumously influential, the only work published during his lifetime was The Province of Juri.

So I thought we might begin by putting these lectures of Adam Smith in their context. So, can you tell us a little bit about how it was that Adam Smith came to be giving lectures on legal philosophy in the 1760s?

You mentioned the civilizational development theory. I imagine this also reflects Lord Kames as well, right, because as I understand it, his thinking about law and society in general is very shaped by this particular type of account of Hume at the development of human civilization.

The search for a jurisprudence, a theory about law, appropriate for a free society, has long been a subject of concern to legal scholars. In attempting to make some modest contribution to this search, the major themes and arguments McDougal explores are: first, the intimate interrelations of law and public order in any community; second, the intellectual functions required of a useful jurisprudence or theory about law; third, the most important contributions of past schools of jurisprudence to a useful theory about law; fourth, the basic pattern of a policy-oriented approach to inquiry about law; fifth, and finally, some of the conditions for promoting a public order of freedom and human dignity.

It will be obvious that to touch even briefly upon so many vast topics, one must perforce be somewhat abstract. It may be recalled that Professor Thomas Reed Powell, a famous professor of constitutional law at Harvard, once said that a man has a good legal mind if he can think about something to which something is attached without thinking about the thing which is attached. If, therefore, we are to employ good legal minds, we must remember that all levels of abstraction, when the terms admit of empirical specification, are necessary to comprehensive and effective communication.

The 2018 Cotterrell Lecture was delivered by Professor Annelise Riles. The lecture was chaired by Dr Isobel Roele, Lecturer in Law at Queen Mary. The event was organised by Professor Maks Del Mar. Learn more about the 2018 lecture.