Sympathy with the poor: theories of punishment in Hugo Grotius and Adam Smith

History of Political Thought 20 (2):205-224 (1999)

Abstract
Grotius argued that it was sometimes permissible to excuse from punishment those who commit crimes out of extreme poverty. The grounds for doing so were separate from the grounds of the right of necessity. Leniency was possible because the seriousness of the crime and the degree of guilt of the offender were separate considerations. Punishment should be related to guilt, which, according to Grotius, was partly a matter of the circumstances and motives of the offender. He thought there were some circumstances, such as extreme poverty, which people cannot be reasonably expected to endure. Smith's retributivist theory ruled out the possibility of moderating punishment for crimes committed out of extreme poverty. Justice requires the self-command to endure our personal hardships rather than harm the innocent. Smith was optimistic about the capacity of people to endure harsh conditions and also about the possibility of improving them
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 45,545
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Liberalism and Fear of Violence.Bruce Buchan - 2001 - Critical Review of International Social and Political Philosophy 4 (3):27-48.

Add more citations

Similar books and articles

Analytics

Added to PP index
2013-12-01

Total views
18 ( #497,728 of 2,280,484 )

Recent downloads (6 months)
1 ( #833,382 of 2,280,484 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature