. 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. (shrink)

The ill?named debate between postmodernists and postlibertarians should be transcended; this requires the abandonment of both foundationalism and its converse, without abandoning common sense as well (which is no mean trick). Similarly, the debate over ?minimal statism? versus the planned economy is outdated. Instead of claiming to be in possession of foundations of our scientific?cum?political knowledge in broad terms, and instead of severely limiting our knowledge to given proofs, we offer the putative heuristics of critique in general and the critical (...) evaluations of contexts in particular. (shrink)