In the eyes of other nations, Britain was a colonial, maritime, and mercantile country, whose still strong interests in Europe were expressed largely culturally. This perception made the Enlightenment a broadly recognizable movement, carried on over national boundaries and concerned with ideas such as ‘the modern’, of religious toleration, of progress, of the ‘science of man’ so strongly supported by David Hume, and of human (or rather, white and masculine) dignity. It self-consciously located itself geographically in Europe and chronologically in ‘the modern age’, which, after much debate in the early part of the century, it saw as superior to that of the Greeks and Romans, in spite of their immense cultural legacy, which was shared by all Europeans. Yet in the end, this chapter argues, in spite of a shared ancient legacy, Britain remained pulled in two directions, the colonial and imperial on the one hand, and the European on the other.

Chapter 2 focuses on the emergence of the modern concept of the reasonable person in nineteenth-century Britain. It argues that this development resulted from the legal and economic needs of the industrial revolution and was informed by the metaphysics of the Scottish sentimental Enlightenment. The chapter’s point of departure is the case known as Blyth v The Company of Proprietors of the Birmingham Waterworks, one of the first cases to discuss explicitly modern law’s reasonable person. Distinguishing between a rational Enlightenment and a sentimental Enlightenment, the chapter then shows that the underlying rationale of the reasonable person relies heavily on the sentimental Enlightenment, namely on David Hume’s and Adam Smith’s thought on the importance of empathy, judgement making in relation to the feelings of others, the incomplete understanding of morality that can be gained from objective reason, and the importance of a human common sense. The third section explains how the industrial revolution and the sentimental Enlightenment influenced the life of Baron Alderson, the judge who oversaw Mr Blyth’s case against the Birmingham Waterworks.

This introduction broaches the question of how naturalism rose to dominance in the modern West. Naturalism in this context is understood as a rejection of belief in the supernatural. This distinctive feature of Western modernity is at odds, not only with its own religious past, but also with what has been true for virtually all other cultures. Whereas it was once impossible not to assume the existence of the supernatural, this has now become one option among others, and one that is typically thought to be lacking in rational support. The book seeks to account for this unique historical development in two related ways. First, it explores the histories of the two key terms in this understanding—‘belief’ and ‘supernatural’—showing how they came to take on their present meanings in the modern period. Second, it shows how advocates of naturalism necessarily subscribe to a progressive view of history that can vindicate the adoption of these two categories in their modern sense.

David Hume’s famous argument against believing miracle reports exemplifies several key issues relating to the emergence of modern naturalism. Hume uncritically assumes the universal and unproblematic nature of core conceptions such as ‘supernatural’ and ‘laws of nature’. Hume’s argument also presents him with a dilemma. He relies upon the weight of testimony to establish his case against believing miracle reports, but must also contend with the weight of testimony, across different times and cultures, to the existence of the supernatural. Hume resolves this by an appeal to historical progress accompanied by a dubious racial theory. These enable him to discount testimonies emanating from the past and from other cultures. ‘Hume’s dilemma’ has not gone away and, if anything, is even more acute since the traditions and beliefs of non-Western cultures are now more difficult to dismiss on the basis of dubious historical accounts of Western exceptionalism. This dilemma amounts to a tension between the ethics of belief and the demands of epistemic justice.

This chapter argues that neither global legal pluralism nor global constitutionalism can properly answer our question of how we can know who has the final say on the relationship between international, EU and national law. Most advocates of global legal pluralism do not sufficiently distinguish between the description of factual developments, and, as a different issue, the question of how we ought to deal with or even solve legal conflicts (based on a (common) framework) resulting from plural, overlapping legal claims. Universalist solutions, as presented by global constitutionalists, are likely to fall short of acknowledging the inevitable restrictions of context which are in place when dealing with legal norm conflicts on a global scale. Global constitutionalism has to face the burden of universality, which is an unsurmountable challenge (except for some very fundamental norms, namely ius cogens or a thin layer of global constitutionalism). With constitutional pluralism, however, we are likely to end up in a “constitutional stalemate.”

Chapter three analyses the period between 1650 and 1800. Many thinkers see The Enlightenment’ as intoxicated with ideas of reason, control and with building perfect knowledge, organizations and societies. I demonstrate that this view is exaggerated. The ravages of wars produced two opposed intellectual movements: on the one hand, natural law and rationalism whose adherents believed in certain knowledge and abstract schemes; on the other, thinking in terms of probabilities, which recognizes and accommodates uncertainty. Hume, Smith, Voltaire and Montesquieu saw the limits of human reason and foresight and made considerable room for uncertainty. Military thinkers cautioned that war is unpredictable and that systematic knowledge is a pipe dream. Uncertainty and unpredictability occupied the centre stage in European culture; in paintings, the picaresque novel and the popularity of gambling and betting. This era was much contested as three different world views established themselves: The idea that the world could be understood and predicted, the sense that it is entirely uncertain and a pragmatic world view that recognizes and accommodates uncertainty as a part of the world.

This chapter discusses centrism as another face of moderation. It distinguishes between various meanings of centrism and makes a connection between a vital center and political moderation. It also considers a few concrete topics on which a centrist agenda is possible and desirable.

Recent changes in Enlightenment and Caribbean studies have made it possible to recover a distinctively Caribbean Enlightenment; doing so contributes to our understanding of French and British colonial societies and of the Enlightenment as a cosmopolitan intellectual and cultural movement. As inspired as metropolitan counterparts by ideologies of utility and improvement, colonists engaged in intellectual practices common in the metropole as their lives in profitable slave societies deeply informed their appropriations of Enlightenment ideas. Focusing chiefly on Saint-Domingue and Jamaica from the mid-eighteenth century into the 1790s, this book explores a Caribbean Enlightenment through four topics: natural history and intellectual friendship; the press and the public sphere; histories of the book and reading; and the agricultural Enlightenment. These themes illustrate that becoming “enlightened” made a distinctive colonial identity available to White male colonists, one that rejected metropolitan notions of Caribbean degeneracy and philistinism, redrew the line between free and unfree smudged by proximity and intimacy, and validated on a cultural basis the power to enslave.

In the first of two chapters devoted to the ways in which philosophers of the Scottish Enlightenment used ‘conjectural’ or ‘stadial’ history to re-think the development of human society, Aaron Garrett examines the epistemic problems which stimulated their enquiries. Confronting questions in legal history which could not be answered on the principles of positive or natural law, the jurist Lord Kames had recourse first to human nature then to contextual historical developments (such as the rise of commerce) to enable him to bridge gaps in the evidence with empirical and explanatory ‘conjectures’. Kames further drew on Hume’s discussion of time as a psychological experience of a succession of ideas, which carried the implication that the times of history might be experienced in multiple forms. This implication is clarified by a comparison with the strictly chronological conception of time adopted by Adam Anderson in his history of commerce, which fitted every development of note into the same unitary Biblical time scheme. The point of stadial history, by contrast, was to compare societies at different levels, or ‘stages’, of development according to their own time schemes. By pluralising time, the Scots made it possible to envisage multiple histories of human origins, religious belief and social development.

In her chapter, Silvia Sebastiani treats Scottish Enlightenment thinking about the history of society as the product of a dialogue with natural history as well as moral philosophy. The key reference points were Buffon’s Natural History and Rousseau’s Discourse on inequality: from these the Scots derived two rival accounts of how natural man became historical. One conceived of history as the ‘progress of society’ through successive ‘stages’ of development, culminating in the attainment of ‘civilisation’. With contributions from David Hume, Adam Ferguson and Adam Smith, this account was premised on the idea of a uniform human nature, but did not exclude the possibility of hierarchies between humans, and attached lesser value to forms of social organisation preceding civilisation. The alternative, explored at length by Lord Monboddo, a practising judge, took Rousseau’s assertion of the ‘perfectibility’ of man as an invitation to appreciate the variety of ways (physical as well as moral) in which humans might develop, and to accept that quite different outcomes were possible, corruption and decline as much as progress. There was no single Scottish conception of the ‘progress of society’, and the normative implications of stadial history were less uniformly positive than its later admirers have supposed.

Scepticism is the second approach to metaphysics that Kant considered an alternative to his ‘critical’ investigation. It is David Hume who plays the role of the paradigmatic representative of this viewpoint. I begin by analyzing three different readings of Kant’s understanding of Hume’s scepticism about causality. Hume’s scepticism is seen as posing a challenge to natural science and ordinary knowledge, as a problem that puts into question the possibility of general metaphysics, or as a ‘dialectical’ form of scepticism primarily directed against special metaphysics. I suggest that the first reading is implausible. I argue that the second and third readings are compatible once one distinguishes between the perspectives of transcendental philosophy and the critique of pure reason, respectively. Finally, I show that one objection that has been raised against the third reading can be silenced if we interpret Kant’s reading of Hume from the standpoint of his history of pure reason.

This chapter turns from France to Scotland and from natural philosophy to moral philosophy. Through an examination of a number of leading Scots moral philosophers, we examine the impact of experimental philosophy on the project of the science of man in the Scotland of the eighteenth century. While it is incorrect to speak a movement of experimental moral philosophy in eighteenth-century Scotland, the impact of this new approach to natural philosophy is evident in its critique of speculation and hypotheses, in the roles that moral philosophers accorded to experiment and observation, in the rudimentary philosophy of experiment found in the writings of David Hume, and in the attempts by Scottish moral philosophers, such as George Turnbull, to apply the method of natural history and to incorporate analogues of physical laws in their theories. This chapter provides us with ample evidence for the claim that experimental philosophy had a decisive impact on the development of Scottish moral philosophy of the eighteenth century.

“Indulgence: The Stuart Declarations of Indulgence and Their Afterlives,” analyzes the concept and procedure of indulgence during the Restoration and its persistence in the eighteenth century. It argues that the Stuart Declarations of Indulgence as mechanisms of religious liberty were not superseded by toleration; rather, they articulated a formal and affective structure for political and personal relations that persisted as a minor form in the eighteenth century, as exemplified in the writing of David Hume, Edmund Burke, Samuel Richardson, and Olaudah Equiano. While tolerance is a policy and a practice grounded in a theory of formal equality, indulgence persists as a way to imagine relationships with women, with children, and with enslaved and colonized people.