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question is: Did Smith favor defamation laws (libel, slander) that reached beyond simple reputation, so as to cover some …We interpret Adam Smith on reputation, commutative justice, and defamation laws. We address two major questions. The … first question concerns whether Smith thought that “one’s own” as covered by commutative justice included one’s reputation …
Persistent link: https://www.econbiz.de/10014104681
Persistent link: https://www.econbiz.de/10013204191
In Smith there is something of a contrariety, or double doctrine, on justice: Much of his writing leaves us with the … impression that we should use justice and its cognates to mean commutative justice, and only that. But much also authorizes the … conclusion that we should embrace and talk of three different senses of justice. I exposit the three senses of justice, but leave …
Persistent link: https://www.econbiz.de/10013243273
theory is a modern version of Aristotle's description of contract as voluntary commutative justice. We show how that idea can …
Persistent link: https://www.econbiz.de/10012850313
Commutative justice is the current dominant link between economics and ethics in liberal societies, encapsulated in the … principle of honoring contracts. Market theory’s elevation of the role of commutative justice, or justice in exchange and … property, is often taken as liberalism’s revolutionary change in priorities of justice. This change, however, has come at the …
Persistent link: https://www.econbiz.de/10014181686
rationalism, the natural law school, and Hobbes’s contractarianism. Unlike natural moral sentiments, the sense of justice is … classic conventions of justice—stable possession, transference of property by consent, and the obligation to fulfill promises …. In a scenario of scarce external resources, Hume’s central idea is that the development of the rules of justice responds …
Persistent link: https://www.econbiz.de/10010488074
Persistent link: https://www.econbiz.de/10010194545
textualist. Nonetheless, Justice Scalia never persuaded the Court to adopt his textualist ideal that “the text is the law.” In …The late Justice Antonin Scalia reshaped statutory interpretation. Thanks to him, the Supreme Court has become far more …
Persistent link: https://www.econbiz.de/10012943753
I argue that Locke meant the Second Treatise to show three things: how both property rights and charity claims derive from the same source; how these distinct, semi-autonomous value domains can come into conflict with each other; and how man can adjudicate those conflicts (and others) in the...
Persistent link: https://www.econbiz.de/10013145699
between law and development is currently conceptualized in development circles, and in particular how Justice Sector Reform …It is now widely accepted that the 'rule of law' is key to sustainable development. The different legal or rule … Justice Sector Reform (JSR) as a central concern for many development agencies. This paper examines the way the relationship …
Persistent link: https://www.econbiz.de/10012554383