Michael S. Moore
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199599509
- eISBN:
- 9780191594656
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599509.001.0001
- Subject:
- Law, Philosophy of Law, Constitutional and Administrative Law
This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary ...
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This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary act before he can be convicted of crime; second, that that voluntary act have the properties marking it as one of the kinds of acts prohibited by statute, what lawyers call the ‘actus reus’ of crimes; and third, the double jeopardy requirement that no one should be prosecuted or punished more than once for doing but one act instantiating but one offence. These three requirements are seen as part of the ‘general part’ of the criminal law, the part that applies to all crimes and that gives the criminal law a unified structure. As such they aid both the efficient drafting of a criminal code by the legislature and the application/interpretation of criminal codes by courts. The theory of action defended in the book – and from which illumination of the criminal law is sought – in a version of the family of theories known as causal theories of action. The thesis is that actions are those bodily movements caused by volitions when those volitions have those movements as their object, and nothing else. The criminal law's voluntary act requirement is then seen as the requirement that there be such an act. Omissions, states a person is in, thoughts, and involuntary bodily movements such as reflex reactions, are not acts by such a causal theory. The criminal law's actus reus requirement is seen as the requirement that a voluntary act must possess those causal or other properties definitive of the types of action prohibited by a criminal code. And the criminal law's double jeopardy requirements is seen as a conjunctive requirement: first, that no one be punished for the same kind of action, where the identity of act-types is governed by the kinds of acts morality makes wrong; unless the actor did that act more than once, where the identity of act-tokens is governed by the theory of action defended throughout the book. The philosophy of action illuminates the criminal law in these three ways because of certain moral theses, which the book also defends; that criminal liability both does and should track moral responsibility; that moral responsibility exists principally for what we do rather than for who we are, what we think, or what we fail to prevent; that actions causing harms are more blameworthy than actions that only risk or attempt such harms; and that punishment should be in proposition to the number and degree of wrong(s) done.
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This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary act before he can be convicted of crime; second, that that voluntary act have the properties marking it as one of the kinds of acts prohibited by statute, what lawyers call the ‘actus reus’ of crimes; and third, the double jeopardy requirement that no one should be prosecuted or punished more than once for doing but one act instantiating but one offence. These three requirements are seen as part of the ‘general part’ of the criminal law, the part that applies to all crimes and that gives the criminal law a unified structure. As such they aid both the efficient drafting of a criminal code by the legislature and the application/interpretation of criminal codes by courts. The theory of action defended in the book – and from which illumination of the criminal law is sought – in a version of the family of theories known as causal theories of action. The thesis is that actions are those bodily movements caused by volitions when those volitions have those movements as their object, and nothing else. The criminal law's voluntary act requirement is then seen as the requirement that there be such an act. Omissions, states a person is in, thoughts, and involuntary bodily movements such as reflex reactions, are not acts by such a causal theory. The criminal law's actus reus requirement is seen as the requirement that a voluntary act must possess those causal or other properties definitive of the types of action prohibited by a criminal code. And the criminal law's double jeopardy requirements is seen as a conjunctive requirement: first, that no one be punished for the same kind of action, where the identity of act-types is governed by the kinds of acts morality makes wrong; unless the actor did that act more than once, where the identity of act-tokens is governed by the theory of action defended throughout the book. The philosophy of action illuminates the criminal law in these three ways because of certain moral theses, which the book also defends; that criminal liability both does and should track moral responsibility; that moral responsibility exists principally for what we do rather than for who we are, what we think, or what we fail to prevent; that actions causing harms are more blameworthy than actions that only risk or attempt such harms; and that punishment should be in proposition to the number and degree of wrong(s) done.
Jonathan Bennett
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198237914
- eISBN:
- 9780191597077
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019823791X.001.0001
- Subject:
- Philosophy, Moral Philosophy
The distinction between the consequences of an act and the act itself is supposed to define the fight between consequentialism and deontological moralities. This book, though sympathetic ...
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The distinction between the consequences of an act and the act itself is supposed to define the fight between consequentialism and deontological moralities. This book, though sympathetic to consequentialism, aims less at taking sides in that debate than at clarifying the terms in which it is conducted. It aims to help the reader to think more clearly about some aspects of human conduct—especially the workings of the ‘by’‐locution, and some distinctions between making and allowing, between act and upshot, and between foreseeing and intending (the doctrine of double effect). It argues that moral philosophy would go better if the concept of ‘the act itself’ were dropped from its repertoire.
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The distinction between the consequences of an act and the act itself is supposed to define the fight between consequentialism and deontological moralities. This book, though sympathetic to consequentialism, aims less at taking sides in that debate than at clarifying the terms in which it is conducted. It aims to help the reader to think more clearly about some aspects of human conduct—especially the workings of the ‘by’‐locution, and some distinctions between making and allowing, between act and upshot, and between foreseeing and intending (the doctrine of double effect). It argues that moral philosophy would go better if the concept of ‘the act itself’ were dropped from its repertoire.
David-Hillel Ruben
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780198235880
- eISBN:
- 9780191679155
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198235880.001.0001
- Subject:
- Philosophy, Metaphysics/Epistemology, Philosophy of Mind
This book pursues some novel and unusual standpoints in the philosophy of action. It rejects, for example, the most widely held view about how to count actions, and argues for what it ...
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This book pursues some novel and unusual standpoints in the philosophy of action. It rejects, for example, the most widely held view about how to count actions, and argues for what it calls a ‘prolific theory’ of act individuation. It also describes and argues against the two leading theories of the nature of action, the causal theory and the agent causal theory. The causal theory cannot account for skilled activity, nor for mental action. The agent causalist theory unnecessarily reifies causings. The book identifies an assumption that they share, and that most action theorists have assumed to be unproblematic and uncontroversial, that an action is, or entails the existence of, an event. Several different meanings to that claim are disentangled and in the most interesting sense of that claim, the book denies that it is true. The book's own alternative is simple and unpretentious: nothing informative can be said about the nature of action that explicates action in any other terms. The book sketches a theory of causal explanation of action that eschews the requirement for laws or generalizations, and this effectively quashes one argument for the oft-repeated view that no explanations of action can be causal, on the grounds that there are no convincing cases of laws of human action. It addresses a number of questions about the knowledge an agent has of his own actions, looking particularly at examples of pathological cases of action in which, for one reason or another, the agent does not know what he is doing.
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This book pursues some novel and unusual standpoints in the philosophy of action. It rejects, for example, the most widely held view about how to count actions, and argues for what it calls a ‘prolific theory’ of act individuation. It also describes and argues against the two leading theories of the nature of action, the causal theory and the agent causal theory. The causal theory cannot account for skilled activity, nor for mental action. The agent causalist theory unnecessarily reifies causings. The book identifies an assumption that they share, and that most action theorists have assumed to be unproblematic and uncontroversial, that an action is, or entails the existence of, an event. Several different meanings to that claim are disentangled and in the most interesting sense of that claim, the book denies that it is true. The book's own alternative is simple and unpretentious: nothing informative can be said about the nature of action that explicates action in any other terms. The book sketches a theory of causal explanation of action that eschews the requirement for laws or generalizations, and this effectively quashes one argument for the oft-repeated view that no explanations of action can be causal, on the grounds that there are no convincing cases of laws of human action. It addresses a number of questions about the knowledge an agent has of his own actions, looking particularly at examples of pathological cases of action in which, for one reason or another, the agent does not know what he is doing.
Stephen Shute, John Gardner, Jeremy Horder (eds)
- Published in print:
- 1993
- Published Online:
- March 2012
- ISBN:
- 9780198258063
- eISBN:
- 9780191681783
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198258063.001.0001
- Subject:
- Law, Criminal Law and Criminology
Criminal law has been described as a species of political and moral philosophy; whether that can be said to be true is not at all certain, but criminal law can be the subject of ...
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Criminal law has been described as a species of political and moral philosophy; whether that can be said to be true is not at all certain, but criminal law can be the subject of philosophical study. The aim of this book is to explore some of the philosophical foundations of criminal law. English and North American contributors have produced chapters for this volume.
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Criminal law has been described as a species of political and moral philosophy; whether that can be said to be true is not at all certain, but criminal law can be the subject of philosophical study. The aim of this book is to explore some of the philosophical foundations of criminal law. English and North American contributors have produced chapters for this volume.
Kathryn A. Hirsh-Pasek, Roberta M. Golinkoff
- Published in print:
- 2006
- Published Online:
- April 2010
- ISBN:
- 9780195170009
- eISBN:
- 9780199893300
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195170009.001.0001
- Subject:
- Psychology, Developmental Psychology, Clinical Child Psychology / School Psychology
Words are the building blocks of language. An understanding of how words are learned is thus central to any theory of language acquisition. Although there has been a surge in our ...
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Words are the building blocks of language. An understanding of how words are learned is thus central to any theory of language acquisition. Although there has been a surge in our understanding of children's vocabulary growth, theories of word learning focus primarily on object nouns. Word learning theories must explain not only the learning of object nouns, but also the learning of other, major classes of words — verbs and adjectives. Verbs form the hub of the sentence because they determine the sentence's argument structure. Researchers throughout the world recognize how our understanding of language acquisition can be at best partial if we cannot comprehend how verbs are learned. This book enters the relatively uncharted waters of early verb learning, focusing on the universal, conceptual foundations for verb learning, and how these foundations intersect with the burgeoning language system.
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Words are the building blocks of language. An understanding of how words are learned is thus central to any theory of language acquisition. Although there has been a surge in our understanding of children's vocabulary growth, theories of word learning focus primarily on object nouns. Word learning theories must explain not only the learning of object nouns, but also the learning of other, major classes of words — verbs and adjectives. Verbs form the hub of the sentence because they determine the sentence's argument structure. Researchers throughout the world recognize how our understanding of language acquisition can be at best partial if we cannot comprehend how verbs are learned. This book enters the relatively uncharted waters of early verb learning, focusing on the universal, conceptual foundations for verb learning, and how these foundations intersect with the burgeoning language system.
Martha H. Verbrugge
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780195168792
- eISBN:
- 9780199949649
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195168792.001.0001
- Subject:
- History, American History: 20th Century, American History: 19th Century
This book examines the philosophies, experiences, and instructional programs of white and black female physical educators who taught in public schools and diverse colleges and ...
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This book examines the philosophies, experiences, and instructional programs of white and black female physical educators who taught in public schools and diverse colleges and universities, including coed and single-sex, public and private, and predominantly white or black institutions. Working primarily with female students, women physical educators had to consider what an active female could and should do compared to an active male. Applying concepts of sex differences, they debated the implications of female anatomy, physiology, reproductive functions, and psychosocial traits for achieving gender parity in the gym. Teachers’ interpretations were contingent on where they worked and whom they taught. They also responded to broad historical conditions, including developments in American feminism, law, and education, society’s changing attitudes about gender, race, and sexuality, and scientific controversies over sex differences and the relative weight of nature versus nurture. While deliberating fairness for female students, white and black women physical educators also pursued equity for themselves, as their workplaces and nascent profession often marginalized female and minority personnel. Questions of difference and equity divided the field throughout the twentieth century; while some women teachers favored moderate views and incremental change, others promoted justice for their students and themselves by exerting authority at their schools, critiquing traditional concepts of “difference,” and devising innovative curricula. Drawing on extensive archival research, this book sheds new light on physical education’s application of scientific ideas, the politics of gender, race, and sexuality in the domain of active bodies, and the enduring complexities of difference and equity in American culture.
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This book examines the philosophies, experiences, and instructional programs of white and black female physical educators who taught in public schools and diverse colleges and universities, including coed and single-sex, public and private, and predominantly white or black institutions. Working primarily with female students, women physical educators had to consider what an active female could and should do compared to an active male. Applying concepts of sex differences, they debated the implications of female anatomy, physiology, reproductive functions, and psychosocial traits for achieving gender parity in the gym. Teachers’ interpretations were contingent on where they worked and whom they taught. They also responded to broad historical conditions, including developments in American feminism, law, and education, society’s changing attitudes about gender, race, and sexuality, and scientific controversies over sex differences and the relative weight of nature versus nurture. While deliberating fairness for female students, white and black women physical educators also pursued equity for themselves, as their workplaces and nascent profession often marginalized female and minority personnel. Questions of difference and equity divided the field throughout the twentieth century; while some women teachers favored moderate views and incremental change, others promoted justice for their students and themselves by exerting authority at their schools, critiquing traditional concepts of “difference,” and devising innovative curricula. Drawing on extensive archival research, this book sheds new light on physical education’s application of scientific ideas, the politics of gender, race, and sexuality in the domain of active bodies, and the enduring complexities of difference and equity in American culture.
John M Findlay, Iain D Gilchrist
- Published in print:
- 2003
- Published Online:
- January 2008
- ISBN:
- 9780198524793
- eISBN:
- 9780191711817
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198524793.001.0001
- Subject:
- Psychology, Cognitive Psychology
More than one third of the human brain is devoted to the processes of seeing — vision is after all the main way in which we gather information about the world. But human vision is a ...
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More than one third of the human brain is devoted to the processes of seeing — vision is after all the main way in which we gather information about the world. But human vision is a dynamic process during which the eyes continually sample the environment. Where most books on vision consider it as a passive activity, this book focuses on vision as an ‘active’ process. It goes beyond most accounts of vision where the focus is on seeing, to provide an account of seeing AND looking. The book starts by pointing out the weaknesses in our traditional approaches to vision and the reason we need this new approach. It then gives a thorough description of basic details of the visual and oculomotor systems necessary to understand active vision. The book goes on to show how this approach can give a new perspective on visual attention, and how the approach has progressed in the areas of visual orienting, reading, visual search, scene perception, and neuropsychology. Finally, the book summarizes progress by showing how this approach sheds new light on the old problem of how we maintain perception of a stable visual world.
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More than one third of the human brain is devoted to the processes of seeing — vision is after all the main way in which we gather information about the world. But human vision is a dynamic process during which the eyes continually sample the environment. Where most books on vision consider it as a passive activity, this book focuses on vision as an ‘active’ process. It goes beyond most accounts of vision where the focus is on seeing, to provide an account of seeing AND looking. The book starts by pointing out the weaknesses in our traditional approaches to vision and the reason we need this new approach. It then gives a thorough description of basic details of the visual and oculomotor systems necessary to understand active vision. The book goes on to show how this approach can give a new perspective on visual attention, and how the approach has progressed in the areas of visual orienting, reading, visual search, scene perception, and neuropsychology. Finally, the book summarizes progress by showing how this approach sheds new light on the old problem of how we maintain perception of a stable visual world.
Torstein Theodor Tollefsen
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199605965
- eISBN:
- 9780191738227
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199605965.001.0001
- Subject:
- Religion, Early Christian Studies, Religion in the Ancient World
This book is an investigation into two basic concepts of ancient pagan and Christian thought, namely activity and participation. It shows how activity in Christian thought is connected ...
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This book is an investigation into two basic concepts of ancient pagan and Christian thought, namely activity and participation. It shows how activity in Christian thought is connected with the topic of participation: for the lower levels of being to participate in the higher means to receive the divine activity into their own ontological constitution. It is mainly a discussion of some important Church Fathers. Against a background of Aristotelian and Neoplatonist philosophy, the book discusses Gregory of Nyssa, Dionysius the Areopagite, Maximus the Confessor, and culminates with a chapter on Gregory Palamas before some conclusions are drawn. The concern of the author is to highlight how the Christians think energeia (i.e. activity or energy) is manifested as divine activity in the eternal constitution of the Trinity, the creation of the cosmos, the Incarnation of Christ, and in salvation understood as deification. Terms such as essence and energy are associated with the theology and spirituality of the fourteenth-century Byzantine thinker Gregory Palamas. One purpose of this book is to show how Palamas’ theology is in accordance with Greek patristic thinking, with its background in a definite trend in ancient pagan philosophy.
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This book is an investigation into two basic concepts of ancient pagan and Christian thought, namely activity and participation. It shows how activity in Christian thought is connected with the topic of participation: for the lower levels of being to participate in the higher means to receive the divine activity into their own ontological constitution. It is mainly a discussion of some important Church Fathers. Against a background of Aristotelian and Neoplatonist philosophy, the book discusses Gregory of Nyssa, Dionysius the Areopagite, Maximus the Confessor, and culminates with a chapter on Gregory Palamas before some conclusions are drawn. The concern of the author is to highlight how the Christians think energeia (i.e. activity or energy) is manifested as divine activity in the eternal constitution of the Trinity, the creation of the cosmos, the Incarnation of Christ, and in salvation understood as deification. Terms such as essence and energy are associated with the theology and spirituality of the fourteenth-century Byzantine thinker Gregory Palamas. One purpose of this book is to show how Palamas’ theology is in accordance with Greek patristic thinking, with its background in a definite trend in ancient pagan philosophy.
Sos Eltis
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199691357
- eISBN:
- 9780191751448
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199691357.001.0001
- Subject:
- Literature, 19th-century and Victorian Literature, Drama
From seduced maidens to adulterous wives, bigamists, courtesans, kept women, and streetwalkers, the so-called ‘fallen woman’ was a ubiquitous and enduring figure on the Victorian and Edwardian stage. ...
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From seduced maidens to adulterous wives, bigamists, courtesans, kept women, and streetwalkers, the so-called ‘fallen woman’ was a ubiquitous and enduring figure on the Victorian and Edwardian stage. Acts of Desire traces the theatrical representation of illicit female sexuality from early nineteenth-century melodramas, through sensation dramas, Ibsenite sex-problem plays, and suffrage dramas, to early social realism and the well-made plays of Pinero, Jones, Maugham, and Coward. This study reveals and analyses enduring plot lines and tropes that continue to influence contemporary theatre and film. Women’s illicit desires became a theatrical focus for anxieties and debates surrounding gender roles, women’s rights, sexual morality, class conflict, economics, eugenics, and female employment. The theatre played a central role in both establishing and challenging sexual norms, and many playwrights exploited the ambiguities and implications of performance to stage disruptive spectacles of female desire, agency, energy, and resourcefulness, using ingenuity and skill to evade the control of that ever watchful state censor, the Lord Chamberlain. Acts of Desire challenges the currency and validity of the long-established critical term ‘the fallen woman’. Encompassing a vast range of published and unpublished plays, archival material, censorship records, social and political texts, and contemporary reviews, it reveals the surprising continuities, covert meanings, and exuberant spectacles which marked the history of theatrical representations of female sexuality. Engaging with popular and ‘high art’ performances, this study also reveals the vital connections and exchange of influences between Victorian drama, narrative painting, and the novel, and shows theatre to be a crucial but neglected element in the cultural history of women’s sexuality.Less
From seduced maidens to adulterous wives, bigamists, courtesans, kept women, and streetwalkers, the so-called ‘fallen woman’ was a ubiquitous and enduring figure on the Victorian and Edwardian stage. Acts of Desire traces the theatrical representation of illicit female sexuality from early nineteenth-century melodramas, through sensation dramas, Ibsenite sex-problem plays, and suffrage dramas, to early social realism and the well-made plays of Pinero, Jones, Maugham, and Coward. This study reveals and analyses enduring plot lines and tropes that continue to influence contemporary theatre and film. Women’s illicit desires became a theatrical focus for anxieties and debates surrounding gender roles, women’s rights, sexual morality, class conflict, economics, eugenics, and female employment. The theatre played a central role in both establishing and challenging sexual norms, and many playwrights exploited the ambiguities and implications of performance to stage disruptive spectacles of female desire, agency, energy, and resourcefulness, using ingenuity and skill to evade the control of that ever watchful state censor, the Lord Chamberlain. Acts of Desire challenges the currency and validity of the long-established critical term ‘the fallen woman’. Encompassing a vast range of published and unpublished plays, archival material, censorship records, social and political texts, and contemporary reviews, it reveals the surprising continuities, covert meanings, and exuberant spectacles which marked the history of theatrical representations of female sexuality. Engaging with popular and ‘high art’ performances, this study also reveals the vital connections and exchange of influences between Victorian drama, narrative painting, and the novel, and shows theatre to be a crucial but neglected element in the cultural history of women’s sexuality.
Gloria Vivenza
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198296669
- eISBN:
- 9780191597008
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296665.001.0001
- Subject:
- Economics and Finance, History of Economic Thought
Adam Smith's thought was indebted to the classical training prevailing in the educational system of his day. A careful reading of all his writings can prove the extent of this debt. ...
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Adam Smith's thought was indebted to the classical training prevailing in the educational system of his day. A careful reading of all his writings can prove the extent of this debt. Classical influences are obviously more numerous and easily discernible in the philosophical works, but are not absent from the economic masterpiece. They have been described by the author without having recourse to conjectures or implications, rather by analysing the topics whose classical origin can be ascertained. The book has been divided into chapters devoted to the traditional branches of knowledge treated by Adam Smith: natural philosophy, ethics, jurisprudence, economics, literature; plus a postscript.
Smith was not only influenced by classical doctrines but he also selected from them arguments
suited to support his own ideas.
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Adam Smith's thought was indebted to the classical training prevailing in the educational system of his day. A careful reading of all his writings can prove the extent of this debt. Classical influences are obviously more numerous and easily discernible in the philosophical works, but are not absent from the economic masterpiece. They have been described by the author without having recourse to conjectures or implications, rather by analysing the topics whose classical origin can be ascertained. The book has been divided into chapters devoted to the traditional branches of knowledge treated by Adam Smith: natural philosophy, ethics, jurisprudence, economics, literature; plus a postscript.
Smith was not only influenced by classical doctrines but he also selected from them arguments
suited to support his own ideas.