Despite the differences, there is some convergence between Adam Smith's and Immanuel Kant's theories of moral motivation. Both rely on a peculiar feeling, respect, as the proper source of motive in moral matters. An analysis of Smith's and Kant's conception of respect shows that both recognize that it has a specific normative import and plays a decisive role in morality. This convergence offers some support to the idea that Smith's sentimentalism and Kant's rationalism are compatible, at least as far as (...) moral motivation is at issue. (shrink)

There is a vast literature on the meanings of legal penalties. However, we lack a theory that explains them according to the formation of the modern state. Oakeshott's theory can help explain this phenomenon, leading to an attempt of the individual to take over as many powers of the state as possible. Thus, Kant's and Smith's retributivism is the most consistent of all those theories. Nevertheless, the preventive and resocializing theory of Bentham succeeded eventually. But is this a liberal theory? (...) We contrast the explanations of H.L.A. Hart and Frederick Rosen in order to lay the groundwork for a liberal theory of the meaning of legal sanctions. (shrink)