The Jurisprudence Explanation On "Adam Smith Problem"

"Adam Smith Problem" is an important idea in the history of the proposition. It was firstproposed by the German Historical School economists in the mid-19th century. The meaningof this proposition is identified that, Adam Smith advocated "egoism" in the "Wealth ofNations", but advocated "altruism" in the "Theory of Moral Sentiments", which makes acontradiction. Since then the discussion of this problem was focused on economics and ethicsresearch, particularly research the history of economic thought.These findings make peoplepay attention to Smith’s attention while its ethics of economic thought logic, but confined toacademic perspective, making the degree of homogeneity of most research is high, and cannot be logically derived form and gives orders satisfactory for the " Adam Smith Problem"explanation.Based on the different perspectives, Joseph Cropsey who is a Strauss school scholarexplained this question on political philosophy approach which has the advantage. This kindof explain approach build a sense of "natural" concept, under the dimension of "natural"relationship between egoism and altruism of the integration, within a certain range of logicalargument to resolve the two tension. But this approach also has many deficiencies, the"natural" dimension of the logical argument is the unity of egoism and altruism block, both inlogical argumentation lack of proof of collusion links, allowing for " Adam Smith Problem"political philosophy under Cropsey "natural" approach does not have the dimension ofinterpretation in the strict sense of the logic of self-consistency.Adam Smith was employed at the University of Glasgow in Scotland taught the law, R.Meek, D.D. Raphael and P.Stein compiled and published "jurisprudence speech"(AdamSmith.Lectures on Jurisprudence, Indianapolis: Liberty Fund,1982) based on a student noteswhich record the contents of the class of Adam Smith at the University of Glasgow legal classhours. Adam Smith pay a great attatione to the role of law of human society, in Adam Smith’sbook, many legal issues can be found,which can help us to interpret " Adam SmithProblem".Cropsey’s argument is flawed because of the expense of Legal Thought of AdamSmith. Learn the self-consistent part to the explain of Cropsey,put the factors of the law andlegal in interpretation,we can effectively get through conflicts and confrontation between "The Wealth of Nations" and "Theory of Moral Sentiments", so as to " Adam Smith’squestion" explore a jurisprudence may explain the sights below.Current academia (either Western or Chinese academic circles) to study "Smith Problem" onthe perspective of law are rare, The main content of this paper is to analyze both "Smithproblem" approach of political philosophy to explain the defect, and should be made toimprove law and jurisprudence perspective on " Adam Smith problem", the logic of thespecific approach as follows:First, combed academia " Adam Smith Problem" economics and ethics explained,analyzed the explain of political philosophy way of " Adam Smith problem". Making theclassification of explaintation of economics and ethics into four forms:"Humanity composite","the moral dimension of the market economy","the object of dislocation","the same feelingsympathy say."" Adam Smith problem" various traditional form has a more completeexplanation of logical argumentation approach, the traditional interpretation of the "AdamSmith problem" within its own premise and logical argumentation framework proposes aroughly self-consistent explanation approach, but the traditional interpretation of "AdamSmith problem" is not perfect, its performance for various forms of justification in itself implythat the way this traditional interpretation of internal tension and conflict may exist. Cropseystudy the "Smith issues" in a way related to the interpretation of the political philosophy ofeconomics, ethics, political science, philosophy, precisely,because of this from theperspective of interdisciplinary way, Cropsey do better than the traditional politicalphilosophy to explain the interpretation of "Adam Smith problem" that has the greateradvantage of logical and self-consistent, but Cropsey neglected to occupy a larger portion ofSmith’s ideology of law related discussion content, no part of, and legal standpoint thesemethods of modern disciplinary differentiation into Perspective " Adam Smith problem"argument being explained.Secondly, the analysis of the three major works of Smith,"Theory of Moral Sentiments,""jurisprudence","Wealth of Nations" logical context and ideological association between themain ideological content,which can be new path to resolve " Adam Smith Problem". In"Adam Smith Problem", under the "selfish" and "altruistic" debate, a problem of greatsignificance was obscured: root traits based on human altruism and fiction " impartialspectator ". How can regulate and leveraging sexual desire in human self-interest to promotethe improvement of human society and the accumulation of wealth every member of societyliving conditions? Adam Smith answer this question by a profoud way: it is justified in this system, he continued commitment in the "Theory of Moral Sentiments" in the but did notcomplete the work: the virtues of justice and virtue itself as a figurative carrier fiction "just abystander," further concrete images. This further figurative "fair bystander" itself contains avirtue and justice factor and factor became the incarnation of all regulated individuals, societyand the state placed right system or the legal system is the intrinsic spiritual value, and thisimplies a virtue the legal system and justice in the process of implementation, but alsothrough its history has proved to be accumulated for the promotion of human society, wealthand living conditions of the members of each society produced a practical improvement in theactive role.Finally, Smith’s jurisprudence thought, resolve the gap beside "altruism" and "selfish".InAdam Smith’s jurisprudence system, the legal system is the human form through legislation"just a bystander," the externalization and embodied. Therefore, from a purely speculativesense, people are "altruistic", however important to note that, as the basis of human altruism"impartial spectator" in logic, while having an extremely powerful force theoreticalexplanation, but in practice among people around her so hard to find a normative characterand judgment have similar, but people are going to die and can die, perishable life hasincreased over this crowd of people looking for a particular individual as public bystandersimpossibilities and vulnerability, by contrast, these defects in the law on the ground iscompletely absent, laws and legal system has stability, openness, procedures, fairness andother features make it the most qualified for Adam Smith’s theory of preset "impartialspectator." From the point of view of history and reality dimension, people are indeed have a"self-interest", but Smith discussed by the law tells us that only the law become the "impartialspectator" in order to truly promote the accumulation of wealth in society and the humancondition of improvement, and ultimately ensure the sustainability of human self-interest.It is in this dimension, the thinking of Adam Smith about ethical thought, economicthought, jurisprudence ideological collusion closely together. If you ignore Adam Smith’sideas and pure jurisprudence from the dimension of ethics, economics, political science,"Smith problem" can not be explained.It is important to put Jurisprudence into thinking "Adam Smith problem".