Introduction

We have in the previous chapters discussed the analytic and critical aspects of Smith's jurisprudence. One of the most unusual features of his planned discourse, however, is that it should deal not only with ‘the general principles of law and government’ but also with ‘the different revolutions they have undergone in the different ages and periods of society’. While this historical dimension may seem strange to modern eyes, the history of law has two rather obvious functions within the framework of Smith's argument. First, as we saw on pp. 151–2, we only gain an understanding of how the principles of the impartial spectator work in practice by studying how men have tried, and maybe failed, to use them. And secondly, the history of law explains the present state of the law which is the object of critical evaluation from the standpoint of natural justice. This evaluation consists in ‘negative’ tests for injustice within a given system of law, and it is therefore of obvious importance to understand how this system arrived at its present composition. It is particularly important to see whether the necessity which led to the introduction of the various laws of police was genuine and whether it continues to be of vital importance to the country. If the answer is negative, then the laws in question fall within the ambit of natural justice, and if they are in conflict with its principles, they are condemned.