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Are general inflexible rules stable? An examination of David Hume's jurisprudence

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  • Rizzo, Mario J.

Abstract

The purpose of this article is to answer the question: If David Hume is correct about the nature and origin of justice, would a social convention of justice, once established, be stable? The first part discusses Hume's conception of justice as an artificial virtue as well as its antagonist propensities in human nature. The second part analyzes Humean justice as jurisprudence. To gain further perspective, Hume's ideas are situated in their historical Roman and Scottish contexts. Finally, the forces creating instability in the legal framework are analyzed. The answer to the posed question is that the social convention of justice is endogenously unstable.

Suggested Citation

  • Rizzo, Mario J., 2021. "Are general inflexible rules stable? An examination of David Hume's jurisprudence," Journal of Economic Behavior & Organization, Elsevier, vol. 182(C), pages 29-38.
    • Handle: RePEc:eee:jeborg:v:182:y:2021:i:c:p:29-38
    DOI: 10.1016/j.jebo.2020.11.020
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    More about this item

    Keywords

    Hume; Justice; Generality; Stability; Rules;
    All these keywords.

    JEL classification:

    • B10 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - General
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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