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1!The Social Contract, Economic Instability, And The Textile Industry
In examining questions of legislation and civics in the works of James Hogg and Walter Scott, it would do well to examine which legal and philosophical framework they were writing in the wake of. John Erskine of Carnock is particularly useful in this regard as he sought to systemise Scots law in its entirety, based on his expertise as a jurist and legal scholar. The Institutes of the Law of Scotland was completed and published posthumously, in 1773, by Erskines friends and colleagues, who collated his notes to produce an academic inspection of the law. In his effort to define justice, Erskine builds on theories developed by scholars writing in the seventeenth century, identifyin
g a connection between a just legal system and social stability: When laws have a tendency to promote real happiness of the subjects, that alone creates an obligation to obedience, called by Heineccius, and other writers, the internal obligation of law. In defining the very term law itself, Erskine leans heavily upon the Christian theory of Godly providence and the gift of free will. He makes reference to the book of Job in order to differentiate the immovable laws of nature from the constructed laws of man. The law, he states, is peculiar to intelligent beings, endued with consciousness and liberty of will, who consequently have an inward power of acting and forbearing, and by disregarding the prescriptions of the law contract guilt. Essentially, Erskine suggests that the law is not simply a system of control and governance, but a necessary tool used to alleviate and satisfy the human psyche.