Below is an excerpt from Chapter 3 (“TMS Problems”) of my forthcoming survey of open Adam Smith problems with Salim Rashid (footnotes are below the fold):
“Was Smith a closet consequentialist? Next, we want to share our favorite open problem from the pages of Smith’s Theory of Moral Sentiments (TMS). To the point, one of the most controversial—as well as memorable—passages in TMS occurs when Smith is explaining why crimes must be punished: ‘All men, even the most stupid and unthinking, abhor fraud, perfidy, and injustice, and delight to see them punished. But few men have reflected upon the necessity of justice to the existence of society, how obvious soever that necessity may appear to be.’ (TMS, II.ii.3.9) It is here, in Book II of TMS,[1] that Smith introduces the sleepy sentinel:
A centinel … who falls asleep upon his watch, suffers death by the laws of war, because such carelessness might endanger the whole army. This severity may, upon many occasions, appear necessary, and, for that reason, just and proper. When the preservation of an individual is inconsistent with the safety of a multitude, nothing can be more just than that the many should be preferred to the one. (TMS, II.ii.3.11)
“There are many competing interpretations of this passage (see, e.g., Paganelli and Simon 2022; pp. 281-282; Ueno 2021, pp. 306-307), for at the same time, immediately after writing that ‘the preservation of an individual is inconsistent with the safety of a multitude, nothing can be more just than that the many should be preferred to the one’, Smith then explains why condemning the sleepy sentinel to death would be deemed to be too harsh a penalty by most people:
Yet this punishment, how necessary soever, always appears to be excessively severe. The natural atrocity of the crime seems to be so little, and the punishment so great, that it is with great difficulty that our heart can reconcile itself to it. Though such carelessness appears very blamable, yet the thought of this crime does not naturally excite any such resentment, as would prompt us to take such dreadful revenge. A man of humanity must recollect himself, must make an effort, and exert his whole firmness and resolution, before he can bring himself either to inflict it, or to go along with it when it is inflicted by others. (Ibid.)
“Was this a mere hypothetical example, or was Smith thinking of an actual historical precedent? The Articles of War of the Royal Navy, which were originally enacted in the 1650s and amended by acts of Parliament in 1749 and in 1757, make sleeping during one’s watch an offense punishable by death.[2] Specifically, Section XXVII of the Royal Navy Articles of War of 1757 states:
Sleeping, negligence, and forsaking a station. No person in or belonging to the fleet shall sleep upon his watch, or negligently perform the duty imposed on him, or forsake his station, upon pain of death, or such other punishment as a court martial shall think fit to impose, and as the circumstances of the case shall require.
“By the same token, Article VI of Section XIV of the Articles of War of the British Army,[3] which was first enacted in 1663 (Childs 1994, p. 53), also make sleeping during one’s watch an offense punishable by death:
Of Duties in Quarters, in Garrison, or in the Field. Whatever Centinel shall be found sleeping upon his Post, or shall leave it before he shall be regularly relieved, shall suffer Death, or such other Punishment as shall be inflicted by the Sentence of a Court-martial.
“Furthermore, one British military historian, writing three decades after Smith’s death, refers to an anecdote involving Epaminondas, a Greek general and statesman of the 4th century BC: ‘Epaminondas, in making the circuit of his camp, slew a sentinel whom he found sleeping, using this memorable saying, “that he did him no harm, leaving him only as he found him”.’[4] Although we can find no other reference to this anecdote, did Smith have this example in mind?”







