ABSTRACT

Smith’s simplest and most concrete form of justice is commutative justice, which can be described as abstaining from another’s person and property, or doing no harm. Then, according to Smith’s commutative justice, when someone does harm to another’s person or property, they are rightly subject to punishment. Superiors within the Equal-Equal relationship, a comparative superior, are part of a harmonious process where being distinguished amongst one’s peers often leads to both respect and material success. Using the jural relationships strengthens the argument for a presumption of liberty meaning that interactions default to the Equal-Equal relationship, which is a harmonious and self-reinforcing system. The comparative superior’s authority can be used to persuade or influence, much like Smith’s man of fashion. They can actively persuade by knowingly using their reputation to influence others’ opinions through discourse. The E-E relationship has a natural tendency to create beneficial outcomes, while the jural superior has a dangerous potential to create negative outcomes.