Preface I. Introduction: The Importance of Law in Hume's and Smith's Writings and among other Philosophers of the Scottish Enlightenment 1 The Theme of this Book a) The intellectual relationship between David Hume and Adam Smith. The relevance of law b) The considerable importance of law in the moral philosophy of Hume and Smith 2. The Emphasis on Law in the Moral Philosophy of the Scottish Enlightenment a) Francis Hutcheson b) Lord Kames (Henry Home) c)Thomas Reid d)Adam Ferguson e)James Beattie 3. Use of Sources and Methodology 4. A Short Introduction to Basic Concepts and Principles of Private Law for the Non-Lawyer II. Morality and Law 1 Relevant Parts of Hume's Epistemic Framework for Hume's Conception of Morality: An Outline of Hume's Theory of the Mind a) Impressions, ideas and relations b) Cause and effect c) Personal identity: the commonwealth and the company as comparisons 2 Hume's System of Morality and its Relationship to Law a) Passions, necessity, and reason b) Reason and morality. The is-ought problem c) Morality and law 3 Adam Smith's Conception of Morality and its Relevance to Law a) The position of Smith's moral philosophy between a theory of understanding and a theory of law b) Smith's concept of passions, sympathy, and the impartial spectator as the measure for propriety 4 Hume's and Smith's Philosophies of Morality in relation to Law within the Scottish Enlightenment III.

Justice and its Origin 1 Justice within Hume's Overall Conception of Human Nature 2 Hume's Idea of Justice as an Artificial Virtue, and the Origin of Justice 3 Adam Smith's Idea of Justice a) The general rules of morality and their relationship to justice, and the notion of 'laws' b) Justice and its enforcement through punishment c) Smith's and Hume's different conceptions of justice 4 The Concept of Justice: A Comparison with other Representatives of the Scottish Enlightenment a) Francis Hutcheson b) Lord Kames (Henry Home) c) Thomas Reid d) A critical summary IV. Property 1 Origin and Justification of Property a) Origin and justification of property according to Hume b) Origin and justification of property according to Smith. The four-stages theory of human progress c) A modern definition of property and property right, and Scottish Enlightenment thought as an impulse 2 Acquisition of Property a) Hume b) Smith 3 Prescription 4 Transfer of Property a) Hume b) Smith 5 Restricted or Subordinate Real Rights: An Example of Smith's Idea of Historical Jurisprudence 6 Property as a Cornerstone of Justice and as a Basis for Commerce V. Obligations 1 Promises and Contracts a) Hume b) Smith 2 Delict or Tort and Causation 3 Tort (Reparation) and Crime VI. Family, Government, Nations and Trade 1 Introduction 2 Family and Household a) Marriage and family b) Servants and employees, and slaves 3 Government a) Society, and the origin, principles and forms of government b) The idea of the social contract or 'original contract' c) The relationship between the individual and the state: allegiance and resistance to government 4 Law of Nations 5 Trade and Commerce a) Contracts b) Property and property transfer c) Abolition of the feudal system Concluding Comments.