Adam Smith, Henry Dundas, and the Legal Education of Walter Scott: The Background to the Novels?

Summary of the Talk:

Professor Cairns explored how Walter Scott’s legal education in Enlightenment-era Edinburgh was shaped by political, philosophical, and educational currents—especially those tied to Adam Smith and Henry Dundas. Cairns argued that Scott’s legal background and the reforms in Scottish legal education deeply influenced the Waverley novels, not only in content but in narrative structure and ideological underpinning.

Key Themes & Points:

1. Legal Education and Enlightenment Ideals:

• Walter Scott was educated at Edinburgh in a legal environment undergoing major reform influenced by Enlightenment thought, especially Adam Smith’s views on jurisprudence.
• Smith taught that justice and rights developed incrementally from experience, not from abstract principles—an idea passed down through his pupil John Millar and visible in Scott's novels.

2. Henry Dundas’s Influence:

• Dundas, a dominant political figure, had vast influence over university appointments and used this to modernise legal education.
• His interventions aimed to align legal instruction with Enlightenment principles, historical depth, and pragmatic governance.

3. Reform vs. Conservation:

• Scott’s metaphor of the law as an ancient Gothic castle—altered over time, retaining its grandeur and functionality—appears in both his fiction and non-fiction (e.g., The Visionary, Life of Napoleon).
• This metaphor illustrates a conservative approach to reform: retain the foundational structure while adjusting to modern needs.

4. Professors Who Taught Scott:

• Scott studied under David Hume (not the philosopher), Fraser Tytler, and others, who integrated legal history, moral philosophy, and historical context into their lectures.
• These teachers promoted a broad, culturally embedded understanding of law, rather than mere technical instruction.

5. Scepticism of Codification:

• Both Smith and Scott were sceptical of legal codification (like Napoleon’s Code Civil), preferring the adaptability of common law shaped by judicial precedent.

6. Literature as Legal Discourse:

• Scott’s novels function as a kind of legal and historical discourse, mapping changes in society, law, and morality through story.
• His characters often reflect tensions between historical continuity and modern innovation, mirroring debates about law and government.

Interesting Observations:

• Scott’s “Visionary” Letters (1819) warn against radical political reform, using architectural metaphors to argue for measured, historically grounded change.
• The same metaphors appear in Scott’s reflections on law, revealing how deeply legal thinking was woven into his storytelling.
• Cairns suggested Scott's conservative ideology wasn't static but was shaped by personal experiences of instability (e.g., loss of patronage, fear of Whig reforms).