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9 - The Impartial Spectator, Homo economicus, and Homo identicus

Published online by Cambridge University Press:  27 September 2021

Robin Paul Malloy
Affiliation:
Syracuse University, New York
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Summary

In Adam Smith’s theory of jurisprudence, justice involves an interpretation of what is fair and reasonable in a given context and situation. Such judgments are rooted in history and in an understanding of human relationships from the earliest of times. In making judgments about ourselves and others we must interpret the situation confronting us with reference to a referent that provides us with an interpretive “point of view” or lens, and a set of organizing principles. In Smith’s theory of jurisprudence, a generalizable and universal referent is embodied in the metaphorical device of the impartial spectator. There are, however, contemporary challenges to the spectator view.

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Law and the Invisible Hand
A Theory of Adam Smith's Jurisprudence
, pp. 87 - 103
Publisher: Cambridge University Press
Print publication year: 2021

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