Book contents
- The Cambridge Companion to the Scottish Enlightenment
- Series page
- The Cambridge Companion to the Scottish Enlightenment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Chronology of Events Relating to the Scottish Enlightenment
- Introduction
- 1 Several Contexts of the Scottish Enlightenment
- 2 Religion and Rational Theology
- 3 The Human Mind and Its Powers
- 4 Anthropology
- 5 Science in the Scottish Enlightenment
- 6 Scepticism and Common Sense
- 7 Moral Sense Theories and Other Sentimentalist Accounts of the Foundations of Morals
- 8 The Political Theory of the Scottish Enlightenment
- 9 Political Economy
- 10 Natural Jurisprudence and the Theory of Justice
- 11 Legal Theory in the Scottish Enlightenment
- 12 Sociality and Socialisation
- 13 Historiography
- 14 Art and Aesthetic Theory
- 15 Literature and Sentimentalism
- 16 The Impact on America
- 17 The Nineteenth-Century Aftermath
- Select Bibliography
- Index
- Series page
11 - Legal Theory in the Scottish Enlightenment
Published online by Cambridge University Press: 04 October 2019
- The Cambridge Companion to the Scottish Enlightenment
- Series page
- The Cambridge Companion to the Scottish Enlightenment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Chronology of Events Relating to the Scottish Enlightenment
- Introduction
- 1 Several Contexts of the Scottish Enlightenment
- 2 Religion and Rational Theology
- 3 The Human Mind and Its Powers
- 4 Anthropology
- 5 Science in the Scottish Enlightenment
- 6 Scepticism and Common Sense
- 7 Moral Sense Theories and Other Sentimentalist Accounts of the Foundations of Morals
- 8 The Political Theory of the Scottish Enlightenment
- 9 Political Economy
- 10 Natural Jurisprudence and the Theory of Justice
- 11 Legal Theory in the Scottish Enlightenment
- 12 Sociality and Socialisation
- 13 Historiography
- 14 Art and Aesthetic Theory
- 15 Literature and Sentimentalism
- 16 The Impact on America
- 17 The Nineteenth-Century Aftermath
- Select Bibliography
- Index
- Series page
Summary
The legal theory of the Scottish Enlightenment is marked by the engagement of the legal profession generally in theorizing, with a strong interest in history and law, leading on to investigations of a proto-anthropological and proto–sociological nature. This led to a move away from an emphasis on legislation to one on development of the law through the formulation of new rules through the decision of specific cases. The legal theorizing of the Scottish Enlightenment did not lead to codification projects, but favoured piecemeal incremental reform of the law through the operation of the courts in the elaboration of law in their decisions and opinions.
- Type
- Chapter
- Information
- The Cambridge Companion to the Scottish Enlightenment , pp. 213 - 233Publisher: Cambridge University PressPrint publication year: 2019