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Lord KamesLegal and Social Theorist

By Andreas Rahmatian

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£115.00

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About this book

Re-establishes the importance of the ideas and legal philosophy of Scottish jurist and philosopher Lord Kames

The Scottish jurist, judge, legal historian and philosopher Henry Home (1696–1782) took the title Lord Kames when he was elevated to the bench of the Scottish Court of Session in 1752. In the 18th century, his books were influential and widely read; the educated classes and representatives of the Enlightenment in England, France and in the German states were all familiar with his aesthetic and philosophical writings.

Andreas Rahmatian explains Kames’ conceptions of legal philosophy, including black-letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment. He looks at how Kames came to be one of the forefathers of comparative law, sociology of law, legal psychology and ‘legal science’ in its proper meaning, as opposed to ‘law’.

Reviews

Andreas Rahmatian deploys multi- and inter-disciplinary skills worthy of the polymathic Kames himself, setting him in the context of eighteenth-century law and Enlightenment but also arguing that we should pay close attention to what his writings tell us today. The result is challenging new insight on the work of a remarkable jurist.
Table of contents
Preface; Abbreviated Bibliography; I. Introduction; II. Aesthetics; III. Moral Philosophy I: Principles; IV. Moral Philosophy II: Development; V. Political Philosophy, Anthropology and Commerce; VI. Legal History, Legal Science and Comparative Law; VII. Property; VIII. Equity; IX. Obligations and Enforcement; X. Criminal Law; XI. Lord Kames’s influence on some of the founders of the United States; Bibliography.
About the author

Andreas Rahmatian

Andreas Rahmatian is Professor of Commercial Law at the University of Glasgow, where he teaches intellectual property law and commercial law. His research interests comprise intellectual property law, property law and property theory, commercial law, comparative (private) law and intellectual history and the law. In the areas of property theory and legal history, he has published on Lord Kames’s property theory and his Principles of Equity.