Towards a System of Sympathetic Law
This chapter argues that Adam Smith shows us that the original and last foundation of law and order is the practice of making moral judgments—our emotional reactions to injustice and suffering we observe. The real substance of law is our moral sensibility and affectivity; a substance, which turns out to be highly contingent, since it is shaped by various socio-historical, cultural, and subjective conditions that change over time. Therefore, the question of internationalization or even universalization of rights is not a matter of careful reasoning and convincing argumentation; it is a matter of Sentimental Education. It depends on our ability to push the limits of sympathy and to establish a common language of emotions which allows us to treat even strangers as if they were fellow citizens.