Punishment and Justice in Adam Smith

Ratio Juris 2 (3):227-239 (1989)
. The modern interpretation of Smith as a retributive theorist of punishment is challenged in favour of a view of his work as containing a curious amalgam of retributive and utilitarian elements. This unsynthesised theoretical compound accounts for many of the contradictory positions assumed by him, examples of which are given in the article. At the level of “punishment” , the retributivehtilitarian dichotomy is observed in his discussions of merit and demerit and propriety and impropriety . At the level of state punishment, the same dichotomy is seen in his juxtaposition of considerations of individual justice and the political ends of punishment. A final section locates Smith's “double cleft stick” theoretically in his position on the one hand in the Hobbesian materialist tradition and on the other in his historical stance half‐way between the individualism of the contractarians and the full blown utilitarianism of Bentham
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DOI 10.1111/j.1467-9337.1989.tb00040.x
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References found in this work BETA
Leo Strauss (1979). Natural Right and History (Chicago, 1953). The Correspondence Between Ethical Egoists and Natural Rights Theorists is Considerable Today, as Suggested by a Comparison of My" Recent Work in Ethical Egoism," American Philosophical Quarterly 16 (2):1-15.

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Richard Stalley (2012). Adam Smith and the Theory of Punishment. Journal of Scottish Philosophy 10 (1):69-89.

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Richard Stalley (2012). Adam Smith and the Theory of Punishment. Journal of Scottish Philosophy 10 (1):69-89.
John Salter (2000). Adam Smith: Justice and Due Shares. Economics and Philosophy 16 (1):139-146.

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