From Sensory Order to Legal Order: Property and Freedom of Contract in the Jurisprudence of David Hume
SSRN Electronic Journal
2012
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Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Article Description
David Hume’s theory of law and justice is a central element of his moral philosophy. Hume’s theory of the mind leads to a theory of undesigned social order based on fundamental laws of justice that arise insensibly through experience. The need to secure private property and its free exchange by the performance of promises is the original cause of the emergence of the rules of justice. Hume argues that the moral duty of obedience to authority arises from the need to maintain the rules of justice and that a ruler who violates or fails to uphold justice forfeits the right of allegiance. This paper analyses Hume’s theory and argues that it is epistemologically superior to natural rights theory and provides a powerful justification of property rights and contractual freedom that remains valid today.
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