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Libertarianism

Stanford Encyclopedia of Philosophy (2008)

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  1. Original Acquisition and Unilateralism: Kant, Hegel, and Corrective Justice.N. Sage - 2012 - Canadian Journal of Law and Jurisprudence 25 (1):119-136.
    Contemporary Kantians suggest that the original acquisition of property is problematic for Kant’s theory of private law. Kant requires that private law obligations be consistent with the equal freedom of everyone. However, a rule of original acquisition seems to favor the acquirer’s freedom over others’: the acquirer originally obtains property in an unowned object simply by taking control of it, and thus seems to impose obligations on everyone else through her own “unilateral” action or choice. This article first addresses proposed (...)
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  • Anarchy and legal order: law and politics for a stateless society.Gary Chartier - 2013 - New York: Cambridge University Press.
    Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.
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  • The Perfectionist Turn: From Metanorms to Metaethics.Douglas Den Uyl & Douglas Rasmussen - 2016 - Edinburgh: Edinburgh University Press. Edited by Douglas B. Rasmussen.
    Contemporary political philosophy - especially in the works of Martha Nussbaum, John Rawls and Amartya Sen - has assumed that it can separate itself off from other philosophical positions and frameworks. In this book, Den Uyl and Rasmussen challenge this trend by moving from the liberalism they advocate in their earlier work to what they call 'individualistic perfectionism' in ethics. They continue to challenge the assumption that a neo-Aristotelian ethical framework cannot support a liberal, non-perfectionist political theory by filling in (...)
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  • Locke on property.J. P. Day - 1966 - Philosophical Quarterly 16 (64):207-220.
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  • The Myth of Property: Toward an Egalitarian Theory of Ownership.John Christman (ed.) - 1994 - Oup Usa.
    Departing from most studies of property, this book focuses directly on the concept of ownership, on the complex structure of property rights, and the relation between that structure and distributive justice. The traditional view that ownership must amount to full sovereignty over what is owned is abandoned. A new theory of property is put forward, one which more accurately reflects the various social values that property ownership protects, but which also makes egalitarian economic principles more compelling and powerful.
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  • Rescuing the Libertarian Non-Aggression Principle.Billy Christmas - 2018 - Moral Philosophy and Politics 5 (2):305-325.
    Many libertarians ground their theory of justice in a non-aggression principle. The NAP is often the basis for the libertarian condemnation of state action – that it is necessarily aggressive and therefore unjust. This approach is often criticised insofar as it defines aggression, in part, as the violation of legitimate property rights, and is therefore parasitical upon a prior – and unjustified – theory of property. While it is true that libertarians who defend the NAP sometimes fail to give a (...)
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  • Property and Justice: A Liberal Theory of Natural Rights.Billy Christmas - 2021 - Routledge.
    This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of (...)
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  • Ambidextrous Lockeanism.Billy Christmas - 2020 - Economics and Philosophy 36 (2):193-215.
    Lockean approaches to property take it that persons can unilaterally acquire private ownership over hitherto unowned resources. Such natural law accounts of property rights are often thought to be of limited use when dealing with the complexities of natural resource use outside of the paradigm of private ownership of land for agricultural or residential development. The tragedy of the commons has been shown to be anything but an inevitability, and yet Lockeanism seems to demand that even the most robust common (...)
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  • When may we kill government agents? In defense of moral parity.Jason Brennan - 2016 - Social Philosophy and Policy 32 (2):40-61.
    :This essay argues for what may be called the parity thesis: Whenever it would be morally permissible to kill a civilian in self-defense or in defense of others against that civilian's unjust acts, it would also be permissible to kill government officials, including police officers, prison officers, generals, lawmakers, and even chief executives. I argue that in realistic circumstances, violent resistance to state injustice is permissible, even and perhaps especially in reasonably just democratic regimes. When civilians see officials about to (...)
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  • When All Else Fails: The Ethics of Resistance to State Injustice.Jason Brennan - 2018 - Princeton University Press.
    Why you have the right to resist unjust government The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their governments: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is a fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow (...)
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  • Against Democracy: New Preface.Jason Brennan - 2016 - Princeton: Princeton University Press.
    Hobbits and hooligans -- Ignorant, irrational, misinformed nationalists -- Political participation corrupts -- Politics doesn't empower you or me -- Politics is not a poem -- The right to competent government -- Is democracy competent? -- The rule of the knowers -- Civic enemies.
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  • Fragmenting property.Daniel Attas - 2005 - Law and Philosophy 25 (1):119-149.
    The orthodoxy on the concept of ownership is given by Honoré's list of incidents. The idea this portrays is as ownership as a very flexible concept. The main purpose of this paper is to argue that the concept of property has much more integrity than the notion of a bundle of incidents may suggest. The Libertarian Challenge claims that redistributive theories of Justice, in so far as they impose involuntary taxes, are inconsistent with property rights, and are therefore unjustifiable. One (...)
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  • Summa Theologica.Thomasn D. Aquinas - 1273 - Hayes Barton Press. Edited by Steven M. Cahn.
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  • Private Government: How Employers Rule Our Lives.Elizabeth Anderson - 2017 - Princeton University Press.
    Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, (...)
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  • “The Moral Magic of Consent.Larry Alexander - 1996 - Legal Theory 2 (3):165-174.
    I begin my analysis of consent by agreeing with Professor Hurd that consent functions as a “moral transformative” by altering the obligations and permissions that determine the Tightness of others' actions. I further agree with her that consent is intimately related to the capacity for autonomous action; one who cannot alter others' obligations through consent is not fully autonomous. I cannot improve on her elaboration of these points.
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  • Social statics.Herbert Spencer - 1914 - London,: D. Appleton and company.
    Social Statics is an unchanged, high-quality reprint of the original edition of 1888. Hansebooks is editor of the literature on different topic areas such as research and science, travel and expeditions, cooking and nutrition, medicine, and other genres. As a publisher we focus on the preservation of historical literature. Many works of historical writers and scientists are available today as antiques only. Hansebooks newly publishes these books and contributes to the preservation of literature which has become rare and historical knowledge (...)
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  • The Sufficiency Proviso.Fabian Wendt - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge. pp. 169-183.
    A libertarian theory of justice holds that persons are self-owners and have the Hohfeldian moral power to justly acquire property rights in initially unowned external resources. Different variants of libertarianism can be distinguished according to their stance on the famous Lockean proviso. The proviso requires, in Locke’s words, to leave ‘enough and as good’ for others, and thus specifies limits on the acquisition of property. Left-libertarians accept an egalitarian interpretation of the proviso, ‘right-libertarians’ either reject any kind of proviso or (...)
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  • An essay on rights.Hillel Steiner - 1994 - Oxford, UK ;: Blackwell.
    This book addresses the perennial question: What is justice?
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  • Why Left‐Libertarianism Is Not Incoherent, Indeterminate, or Irrelevant: A Reply to Fried.Peter Vallentyne, Hillel Steiner & Michael Otsuka - 2005 - Philosophy and Public Affairs 33 (2):201-215.
    In a recent review essay of a two volume anthology on left-libertarianism (edited by two of us), Barbara Fried has insightfully laid out most of the core issues that confront left-libertarianism. We are each left-libertarians, and we would like to take this opportunity to address some of the general issues that she raises. We shall focus, as Fried does much of the time, on the question of whether left-libertarianism is a well-defined and distinct alternative to existing forms of liberal egalitarianism. (...)
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  • Backing Away from Libertarian Self-Ownership.David Sobel - 2012 - Ethics 123 (1):32-60.
    Libertarian self-ownership views have traditionally maintained that we enjoy very powerful deontological protections against any infringement upon our property. This stringency yields very counter-intuitive results when we consider trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining that other people's rights against all infringements are very powerful threatens to undermine our liberty, as Nozick saw. In this paper I consider the most sophisticated attempts to rectify this problem within a libertarian self-ownership framework. (...)
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  • Left‐Libertarianism: A Review Essay.Barbara H. Fried - 2004 - Philosophy and Public Affairs 32 (1):66-92.
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  • Natural Law and Natural Rights.John Finnis - 1979 - New York: Oxford University Press UK.
    Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.
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  • The metaphysics of morals.Immanuel Kant - 1797/1996 - New York: Cambridge University Press. Edited by Mary J. Gregor.
    The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, is the only complete translation of the (...)
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  • The individualists: radicals, reactionaries, and the struggle for the soul of libertarianism.Matt Zwolinski - 2023 - Oxford: Princeton University Press. Edited by John Tomasi.
    Is libertarianism a progressive doctrine, or a reactionary one? Does libertarianism promise to liberate the poor and the marginalized from the yoke of state oppression, or does talk of "equal liberty" obscure the ways in which libertarian doctrines serve the interests of the rich and powerful? Through an examination of the history of libertarianism, this book argues that the answer is (and always has been): both. In this book we explore the neglected 19th century roots of libertarianism to show that (...)
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  • Rectification and Historic Injustice.Jason Lee Byas - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge. pp. 427-440.
    This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...)
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  • Corrective rights.Hillel Steiner - 2017 - In Mark McBride (ed.), New Essays on the Nature of Rights. Portland, Oregon: Hart.
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  • Epistemic liberalism: a defence.Adam James Tebble - 2016 - New York: Routledge.
    How should the State respond to the different identity-based justice claims made by its citizens? To what extent should majority societies accede to the claims of immigrant groups whose values are so different to, and sometimes in conflict with, their own? Drawing on the work of economist and political theorist Friederich Hayek, the author builds a major critique of contemporary responses to cultural diversity and their underlying principles of justice. Critically examining multicultural, nationalist and liberal egalitarian approaches, the author claims (...)
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  • Libertarianism.Eric Mack - 2018 - Medord, MA: Polity.
    In this book, leading expert Eric Mack provides a rigorous and clear account of the philosophical principles of libertarianism. This book will be essential reading for anyone interested in political philosophy, political ideologies and the nature of liberty and state authority, from students and scholars to general readers.
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  • The Right to Private Property.Jeremy Waldron - 1990 - Oxford, GB: Oxford University Press.
    Can the right to private property be claimed as one of the ‘rights of mankind’? This is the central question of this examination of the subject of private property. This book contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. It provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The book contains original (...)
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  • Why all Welfare States (Including Laissez-Faire Ones) Are Unreasonable.Gerald F. Gaus - 1998 - Social Philosophy and Policy 15 (2):1-33.
    Liberal political theory is all too familiar with the divide between classical and welfare-state liberals. Classical liberals, as we all know, insist on the importance of small government, negative liberty, and private property. Welfare-state liberals, on the other hand, although they too stress civil rights, tend to be sympathetic to “positive liberty,” are for a much more expansive government, and are often ambivalent about private property. Although I do not go so far as to entirely deny the usefulness of this (...)
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  • The Conscience of an Anarchist.Gary Chartier - 2011 - Apple Valley, CA, USA: Cobden Press.
    Anarchy happens when people organize their lives peacefully and voluntarily— without the aggressive violence of the state. This simple but powerful book explains why the state is illegitimate, unnecessary, and dangerous, and what we can do to begin achieving real freedom.
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  • On the Edge of Anarchy: Locke, Consent, and the Limits of Society.A. John Simmons - 1995 - Princeton University Press.
    This book completes A. John Simmons's exploration and development of Lockean moral and political philosophy, a project begun in The Lockean Theory of Rights. Here Simmons discusses the Lockean view of the nature of, grounds for, and limits on political relations between persons. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books (...)
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  • The Problem of Political Authority.Michael Huemer - 2013 - New York: Palgrave Macmillan.
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  • The Theory of Moral Sentiments.Adam Smith - 1759 - Mineola, N.Y.: Dover Publications. Edited by Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya.
    The foundation for a system of morals, this 1749 work is a landmark of moral and political thought. Its highly original theories of conscience, moral judgment, and virtue offer a reconstruction of the Enlightenment concept of social science, embracing both political economy and theories of law and government.
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  • The separateness of persons and liberal theory.Matt Zwolinski - 2008 - Journal of Value Inquiry 42 (2):147-165.
    The fact that persons are separate in some descriptive sense is relatively uncontroversial. But one of the distinctive ideas of contemporary liberal political philosophy is that the descriptive fact of our separateness is normatively momentous. John Rawls and Robert Nozick both take the separateness of persons to provide a foundation for their rejection of utilitarianism and for their own positive political theories. So why do their respective versions of liberalism look so different? This paper claims that the difference is based (...)
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  • The Project Pursuit Argument for Self-Ownership and Private Property.Fabian Wendt - 2022 - Social Theory and Practice 48 (3):583-605.
    The article argues that persons should be conceived as self-owners and entitled to acquire private property within justifiable property conventions because they should be able to live as project pursuers. This is the ‘project pursuit argument’. It leads to a conception of self-ownership that is stringent, but weaker than standard libertarian notions of self-ownership, and to an understanding of private property as a convention that has to meet a sufficientarian threshold in order to be justifiable.
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  • Self-ownership and paternalism.Steven Wall - 2009 - Journal of Political Philosophy 17 (4):399-417.
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  • Imposing Duties and Original Appropriation.Bas van der Vossen - 2015 - Journal of Political Philosophy 23 (1):64-85.
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  • What counts as original appropriation?Bas van der Vossen - 2009 - Politics, Philosophy and Economics 8 (4):355-373.
    I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which acts count (...)
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  • Libertarianism and the state.Peter Vallentyne - 2007 - Social Philosophy and Policy 24 (1):187-205.
    Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures. Footnotesa (...)
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  • Free Market Fairness.John Tomasi (ed.) - 2012 - Princeton University Press.
    John Tomasi's Free Market Fairness treats both traditions with depth, nuance, and unremitting fair-mindedness, and then points us toward a synthesis. Social democrats and libertarians equally need to read this book.
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  • Nations, States, and Territory.Anna Stilz - 2011 - Ethics 121 (3):572-601.
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  • The natural right to equal freedom.Hillel Steiner - 1974 - Mind 83 (330):194-210.
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  • The Lockean Theory of Rights.A. John Simmons - 2020 - Princeton University Press.
    John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a study is long overdue.
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  • The Institution of Property.David Schmidtz - 1994 - Social Philosophy and Policy 11 (2):42-62.
    The typical method of acquiring a property right involves transfer from a previous owner. But sooner or later, that chain of transfers traces back to the beginning. That is why we have a philosophical problem. How does a thing legitimately become a piece of property for the first time ? In this essay, I follow the custom of distinguishing between mere liberties and full-blooded rights. If I have the liberty of doing X , then it is permissible for me to (...)
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  • Private Duty Creation in Theories of Distributive Justice.Sergei Sazonov - 2022 - Social Theory and Practice 48 (2):379-401.
    Historical entitlement theories of property rights, which claim that individuals can acquire moral property rights over natural resources by appropriating them, traditionally face a strong objection: it is widely implausible that a single individual can unilaterally impose duties on everyone around him and yet, apparently, this is exactly what such theories allow. In this essay, I argue that the same problem appears in all other theories of distributive justice and if this problem was a reason to reject historical entitlement theories, (...)
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  • Does left-libertarianism have coherent foundations?Mathias Risse - 2004 - Politics, Philosophy and Economics 3 (3):337-364.
    Left-libertarian theories of justice hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Some philosophers find left-libertarianism promising because it seems that it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting such equality. However, the main goal of this article is to argue that, as far as coherence is concerned, at least one formulation of left-libertarianism is in trouble. This formulation is that of Michael (...)
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  • State Legitimacy and Self-defence.Massimo Renzo - 2011 - Law and Philosophy 30 (5):575-601.
    In this paper I outline a theory of legitimacy that grounds the state’s right to rule on a natural duty not to harm others. I argue that by refusing to enter the state, anarchists expose those living next to them to the dangers of the state of nature, thereby posing an unjust threat. Since we have a duty not to pose unjust threats to others, anarchists have a duty to leave the state of nature and enter the state. This duty (...)
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  • Pursuing justice in a free society: Part two—crime prevention and the legal order.Randy E. Barnett - 1986 - Criminal Justice Ethics 5 (1):30-53.
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  • Adam Smith.James Otteson - 2013 - In Roger Crisp (ed.), The Oxford Handbook of the History of Ethics. Oxford University Press.
    The Theory of Moral Sentiments is Adam Smith's major contribution to ethical thought. Although it underwent six revisions during his lifetime, its primary arguments did not change, and this chapter focuses on those aspects that remain constant, beginning with an overview of Smith's theory followed by a discussion of the main elements of the theory. Smith presents morality as systems of overlapping spontaneous order that arise unintentionally based on continuous interactions, reactions, and responses to feedback. Although the philosopher can discover (...)
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