Search results for "Juridical Enlightenment"
showing 3 items of 3 documents
CRIMINOLOGY AND ECONOMIC IDEAS IN THE AGE OF ENLIGHTENMENT
2009
My purpose is to point out that during the Age of Enlightenment, and its later 19th century expressions, the most relevant works on law contain examples of economic ideas about criminal phenomena and their legal repression. I will comment the analytic conclusions to which the authors of the time got to, with reference to specific questions such as the definition of crime, the determination of punishment, the judicial procedure. I will take into account some of the most representative European writers: Montesquieu, Beccaria and Bentham. The authors I selected share the characteristic of being all exponents of utilitarianism and of presenting elements which forerun neoclassical economics in t…
Il marginalismo giuridico di Gaetano Filangieri
2009
This work aims at presenting the elements of marginalist analysis which occur in the thought of Gaetano Filangieri. In the pages of La Scienza della Legislazione the Neapolitan writer shows the tendency to develop a utilitarian investigation which pays attention to the judgements individuals make over social phenomena at the margin point. A proof of this tendency can be found in the explanation of the principle of decreasing marginal utility, argued in Head XXXI of Book III, which represents one of the most effective demonstrations that can be found before the end of XIX century literature. The most remarkably original fact is that, of all the five parts which compose the Filangierian work,…
Adam Smith and The Law
2013
The law is one of the main subjects in Adam Smith’s studies. He deals with it in the Lectures of Jurisprudence (LJ) and in the Wealth of the Nations (WN) and his ethical and philosophical premises are exposed in the Theory of Moral Sentiments (TMS). This interest in law is consistent with enlightenment culture which aspired to elaborate a great Science of Legislation in order to have enough knowledge to reform society and replace the Ancien Régime institutions with new ones able to support the course of progress and improve the life of the people. Yet, Smithian thought, while sharing the cultural aim of his age, is divergent from Juridical Enlightenment in many ways. I explain this divergen…