From Sensory Order to Legal Order: Property and Freedom of Contract in the Jurisprudence of David Hume

2012 ◽  
Author(s):  
Suri Ratnapala
Keyword(s):  
David Hume ◽  
Legal Order ◽  
Order Property ◽  
Freedom Of Contract

Institutional Change in Globalization: Transnational Commercial Law from an Evolutionary Economics Perspective

2008 ◽  
Vol 9 (4) ◽  
pp. 411-436 ◽  
Author(s):  
Wolfgang Kerber
Keyword(s):  
Evolutionary Economics ◽  
Legal Order ◽  
Market Failures ◽  
Private Governance ◽  
New Governance ◽  
Commercial Law ◽  
Freedom Of Contract ◽  
Cross Border ◽  
Private And Public ◽  
Lex Mercatoria

Markets need a complex set of institutions in order to work properly. Within a state, the national legal order with its legal rules, courts, and enforcement agencies have the task of fulfilling this role. Besides safeguarding property rights, the national legal order encompasses (1) the facilitating of market transactions by offering enabling (facilitative) law (as legal standard solutions) and helping private parties to enforce contracts within the domain of freedom of contract, and (2) the regulation of market transactions for solving or mitigating market failures problems and achieving other policy objectives. A comparable consistent legal system is missing on the international level for ensuring the working of global markets and the governance of cross-border transactions. However, the dynamic process of globalization has brought about the development of a number of new institutional solutions for solving these problems. The most prominent issue is the regulation of international markets (“global governance”). This article, however, will focus on the evolution of institutions for the enforcement of contracts for cross-border transactions between firms. Although there have always been institutional solutions for the governance of cross-border contracts (lex mercatoria), in recent years, a number of new governance solutions for the enforcement of cross-border transactions have emerged (“transnational commercial law”). The increasing use of choice of law, private governance instead of private law (provided by states), and private arbitration instead of public courts are the most important characteristics of this development. This also includes hybrids as new combinations between private and public solutions for the governance of cross-border contracts. Therefore, the process of globalization is accompanied and enabled by a complex process of institutional evolution.

Adam Ferguson and the Idea of Civil Society

2019 ◽  
Author(s):  
Craig Smith
Keyword(s):  
Civil Society ◽  
Moral Philosophy ◽  
David Hume ◽  
Adam Smith ◽  
Scottish Enlightenment ◽  
Commercial Society ◽  
University Of Edinburgh ◽  
English Speaking ◽  
English Speaking World ◽  
The University

Adam Ferguson was a Professor of Moral Philosophy at the University of Edinburgh and a leading member of the Scottish Enlightenment. A friend of David Hume and Adam Smith, Ferguson was among the leading exponents of the Scottish Enlightenment’s attempts to develop a science of man and was among the first in the English speaking world to make use of the terms civilization, civil society, and political science. This book challenges many of the prevailing assumptions about Ferguson’s thinking. It explores how Ferguson sought to create a methodology for moral science that combined empirically based social theory with normative moralising with a view to supporting the virtuous education of the British elite. The Ferguson that emerges is far from the stereotyped image of a nostalgic republican sceptical about modernity, and instead is one much closer to the mainstream Scottish Enlightenment’s defence of eighteenth century British commercial society.

Essays on Hume, Smith and the Scottish Enlightenment

2018 ◽  
Author(s):  
Christopher J. Berry
Keyword(s):  
Intellectual History ◽  
David Hume ◽  
Adam Smith ◽  
Detailed Examination ◽  
Scottish Enlightenment ◽  
Subsequent Work ◽  
Retrospective Assessment ◽  
The 1960S

A collection of essays by a leading scholar. The work selected spans several decades, which together with three new unpublished pieces, cumulatively constitute a distinct interpretation of the Scottish Enlightenment as a whole while incorporating detailed examination of the work of David Hume and Adam Smith. There is, in addition, a substantial introduction which, alongside Berry’s personal intellectual history, provides a commentary on the development of the study of the Scottish Enlightenment from the 1960s. Each of the previously published chapters includes a postscript where Berry comments on subsequent work and his own retrospective assessment. The recurrent themes are the ideas of sociability and socialisation, the Humean science of man and Smith’s analysis of the relation between commerce and morality.

Two Intellectual Landmarks in the Year 1749

2019 ◽  
Vol 17 (2) ◽  
pp. 101-123
Author(s):  
Farhad Rassekh
Keyword(s):  
Paradigm Shift ◽  
David Hume ◽  
Adam Smith ◽  
Considerable Extent ◽  
Monetary Theory ◽  
Economic Theories ◽  
Classical Economics ◽  
Wealth Of Nations ◽  
Economic Thinking

In the year 1749 Adam Smith conceived his theory of commercial liberty and David Hume laid the foundation of his monetary theory. These two intellectual developments, despite their brevity, heralded a paradigm shift in economic thinking. Smith expanded and promulgated his theory over the course of his scholarly career, culminating in the publication of The Wealth of Nations in 1776. Hume elaborated on the constituents of his monetary framework in several essays that were published in 1752. Although Smith and Hume devised their economic theories in 1749 independently, these theories complemented each other and to a considerable extent created the structure of classical economics.

David Hume in his Private Correspondence

2011 ◽  
Vol 76 (First Serie (1) ◽  
pp. 128-132
Author(s):  
Paul Henderson Scott
Keyword(s):  
David Hume ◽  
Private Correspondence

Beérkezett könyvek

2006 ◽  
Vol 61 (4) ◽  
pp. 657-658
Author(s):  
Csaba Pléh
Keyword(s):  
David Hume ◽  
Complementary Nature

Arisztotelész: Lélekfilozófiai írások. (Fordította: Steiger Kornél) Akadémiai Kiadó, Budapest, 2006 David Hume: Értekezés az emberi természetről . (Fordította: Bence György) Akadémiai Kiadó, Budapest, 2006 Kelso, J. A. Scott és Engstrøm, David A.: The complementary nature. MIT Press, Cambridge, MA, 2006 Fehér Márta, Zemplén Gábor és Binzberger Viktor (szerk.): Értelem és történelem. L'Harmattan, Budapest, 2006 Márkus Attila: Neurológia. Pszichológia szakos hallgatók számára. Akadémiai Kiadó, Budapest, 2006 Cayton, H., Graham, N. és Warner, J.: Alzheimer-kór és a demencia egyéb fajtái . (Fordította: Nikowitz Krisztina) SpringMed Kiadó, Budapest, 2006 Houdé, Olivier: 10 leçons de psychologie et pédagogie . Presses Universitaires de France, Paris, 2006 Velicskovszkij, Borisz M.: Kognyityivnaja nauka. Osznovi pszichologii poznanyija . Vol. I-II.Academa-Szmüszl. Moszkva, 2006 Fábri György (szerk.): A tudománykommunikáció értelme/értéke. Tudástársadalom Alapítvány, Budapest, 2006 Ropolyi László: Az Internet természete. Internetfilozófiai értekezés. Typotex, Budapest, 2006

ON CONSTRUCT OF THE RIGHT OF PRE-EMPTION IN RESPECT OF PARTICIPATORY INTEREST (SHARES)

2020 ◽  
Vol 20 (4) ◽  
pp. 94-219
Author(s):  
I.S. CHUPRUNOV
Keyword(s):  
General Rule ◽  
Constitutive Theory ◽  
Freedom Of Contract ◽  
Legal Nature ◽  
Public Corporation ◽  
Russian Law ◽  
Right Of First Refusal ◽  
The Right

The paper provides analysis of the legal nature and the mechanism for exercise of the right of pre-emption (right of first refusal) in respect of execution of a contract taking as an example of right of first refusal to purchase a stake in a non-public corporation, and also examines the boundaries of parties’ autonomy and freedom of contract in this area. The author comes to the conclusion that the key elements of the construction of the right of pre-emption are the transformation powers that belong to the right holder. The author also demonstrates that, notwithstanding their dominance in Russian law, the views, which suggest that exercise of the right of pre-emption leads to “transfer of rights and obligations of a purchaser” (the translative theory), should be rejected. These views must be replaced with the constitutive theory, according to which exercise of the right of pre-emption results in a new contract between the right holder and the seller (as a general rule, on the same terms that were agreed between the seller and the purchaser).

RACIAL STEREOTYPING OF HOMO SAPIENS AFRICANUS: A REVIEW OF ITS MYTH AND IMPACT ON DEVELOPMENTAL CAPACITY

2016 ◽  
Vol 45 (2) ◽  
pp. 49-71 ◽  
Author(s):  
Seth Oppong
Keyword(s):  
Immanuel Kant ◽  
David Hume ◽  
Negative Impact ◽  
Homo Sapiens ◽  
Supporting Evidence ◽  
White People ◽  
Negative Stereotypes ◽  
Initial Errors ◽  
Developmental Capacity ◽  
Lower Intelligence

Generally, negatives stereotypes have been shown to have negative impact on performance members of a social group that is the target of the stereotype (Schmader, Johns and Forbes 2008; Steele and Aronson, 1995). It is against the background of this evidence that this paper argues that the negative stereotypes of perceived lower intelligence held against Africans has similar impact on the general development of the continent. This paper seeks to challenge this stereotype by tracing the source of this negative stereotype to David Hume and Immanuel Kant and showing the initial errors they committed which have influenced social science knowledge about race relations. Hume and Kant argue that Africans are naturally inferior to white or are less intelligent and support their thesis with their contrived evidence that there has never been any civilized nation other than those developed by white people nor any African scholars of eminence. Drawing on Anton Wilhelm Amo’s negligence-ignorance thesis, this paper shows the Hume-Kantian argument and the supporting evidence to be fallacious. 

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