The Classical Limits to Police Power: Adam Smith and the Economic Foundations of the Slaughterhouse Dissents

The Classical Limits to Police Power: Adam Smith and the Economic Foundations of the Slaughterhouse Dissents

Nicola Giocoli, University of Pisa. March 5, 2016, http://ssrn.com/abstract=2742517

Abstract: The paper examines the influence of classical economics on an important episode in the American 19th-century jurisprudence on business regulation, the Slaughterhouse Cases of 1873. Law historians know well that the dissents penned in that occasion by Supreme Court Justices Field and Bradley lay down the fundamental doctrines of the later Lochner era of laissez faire constitutionalism. The paper argues that these dissents were inspired by Adam Smith’s system of natural liberty and, in particular, by his views about the regulation of negative externalities and the undesirability of government-granted monopolies. The Smithian influence emerges even more clearly when the outstanding briefs presented by counsel for the plaintiffs John A. Campbell are also taken into account.

Number of Pages in PDF File: 30

 

About the Author

Barry
I am a Southerner, a father, husband, and Christian and retired active duty Army field grade officer; I have served for just over thirty years. I spent four years of my youth at The Citadel in Charleston. I am neither a theologian nor a professional historian. I do however ask many questions and endeavor to find answers and I believe, or at least hope, that I think critically and with the understanding that God provides. https://www.calhouninstitute.com/about-barry-clark/

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