Punishment and Justice in Adam Smith*

Abstract. 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” (i.e., punishment considered without a political dimension), the retributivehtilitarian dichotomy is observed in his discussions of merit and demerit (which are utilitarian in their logic) and propriety and impropriety (which are retributive). 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.     

A Commentary on Victimization Research and the Importance of Meaning Structures

This article examines the largely atheoretical tradition of victimization research and some of the unintended consequences of work in the area. In using a legalistic definition of crime, victimization research has failed to incorporate the public's definition of crime and victimization. While “street” and property crime have a decided impact upon people's lives, the consequences of real or alleged corporate and political crimes also affect people's concep-tions of their lives. The authors outline the beginnings of a theoretically apposite reinterpretation of perceptual victimlogy findings and related methodological concerns, and suggest ways that social scientists can become actively involved in the debunk-ing of the “crime wave” mentality perpetuated through the media by providing alternate interpretations of crime statistics.     

PATTERNS OF LEGAL FIREARMS OWNERSHIP: A Cultural and Situational Analysis of Illinois Counties

Using county level data for the state of Illinois, we constructed a path analytic model predicting legal gun ownership for men. women, and minors. We consider the interplay between situational and cultural variables in determining legal ownership. Two patterns of firearms ownership are identified: (1) gun ownership among women as a response to high rales of violent crime and (2) a sporting culture. Neither pattern has strong relations to urban-rural differences amoung counties. Legal gun ownership is not necessarily related to a violent subculture. Ownership may be part of, a response to, or totally unrelated to a subculture of violence.     

PUBLIC OPINION AND PENAL POLICY

This article discusses the issue of who should run the penal system 7he major assumption of penal administrators has been that the public was in favor of a punishment policy. This research indicates that the public is not as punishment-oriented as expected, though older respondents gave greater approval to restrictive conjugal visitation policies. Age variations may indicate a change in public opinion. The evidence also indicates that the public is more willing to support such programs as conjugal visits and work release than was previously thought. A willingness for more favorable treatment of inmates was found for those who had some contact with inmates.