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Law and the Invisible Hand: A Theory of Adam Smith's Jurisprudence

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A contemporary interpretation of Adam Smith's work on jurisprudence, revealing Smith's belief that progress emerges from cooperation and a commitment to justice. In Smith's theory, the tension between self–interest and the interests of others is mediated by law, so that the common interest of the community can be promoted. Moreover, Smith informs us that successful societies do at least three things well. They promote the common interest, advance justice through the rule of law, and they facilitate our natural desire to truck, barter, and exchange. In this process, law functions as an invisible force that holds society together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adam Smith's invisible hand, guiding and facilitating the progress of humankind.

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  • A new, contemporary, and informative analysis of the work of Adam Smith
  • Advances Smith's theory of jurisprudence and demonstrates its connection to his work on economics and social progress
  • Develops new insights on Adam Smith that go beyond and counter stereotypical depictions of Smith as a promotor of greed and self-interest
Author: Malloy Robin Paul
Publisher: CAMBRIDGE UNIVERSITY PRESS
Pages: 225
ISBN: 9781108812702
Cover: Paperback
Edition Number: 1
Release Year: 2021

1. Introduction: law's invisible hand
2. Setting the stage
3. Social organization in the informal realm
4. Social organization in the formal realm
5. Integrating the informal and formal in Smith's theory
6. The spectator view
7. Judgment and justice
8. The sentiment of common interest
9. The impartial spectator, homo-economicus and homo-identicus
10. Understanding the four stages of progress
11. Adam Smith in American law
12. Parting thoughts.

Robin Paul Malloy is the E. I. White Chair and Distinguished Professor of Law, and a Kauffman Professor of Entrepreneurship and Innovation at Syracuse University College of Law. He is a leading expert on market jurisprudence, property, real estate development, and land use regulation. Malloy has published numerous books and scholarly articles. This is his fourth book with Cambridge University Press.

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