Classical economists, John Stuart Mill included, based their theories on Adam Smith�s system. At some point, they labelled it as a "utilitarian" theory. However, Smith was non-utilitarian, perhaps even anti-utilitarian. One of the most amazing differences between classical economics versus Smithian theory consists of their concept of justice. Classical economics were based on a utilitarian concept; Smith criticizes the concept of utilitarian justice. Utility being a subjective picture, classical economists find it more difficult to draw limits to state intervention than Smith does. This paper compares Smith�s and John Stuart Mill�s concept of justice when they make the case for land tenure. Mill admits that society cannot properly be said t...