Our everyday conversations reveal the widespread assumption that positive and negative treatment of others can be justified on the grounds that “they deserve it.” But what is it exactly to 'deserve' something? This book offers an exploration into how we came to have this concept, along with an explanation why people feel so strongly that redress is needed when outcomes are undeserved. The book probes for that core concern which is common to the range of everyday desert claims people (...) make. What emerges is an alternative model of desert, which moves us beyond seeing desert as a 3-place relation, and which therefore represents a fundamental challenge to the received wisdom on the structure of desert claims. In the end, our plea for deserved treatment ends up being linked to the universal human concern for a shared narrative, as we seek healthy relationships within a community. (shrink)

There are three attractive principles that are held by many desert theorists. (1) Character-Desert Principle: A person’s character is a ground of moral desert. (2) Limited Responsibility for Character Principle: Persons are not fully morally responsible for their character. (3) Moral Responsibility Principle: If something grounds moral desert in a person, then she is fully morally responsible for it. Each of these principles is backed by some strong intuitions or arguments. In this paper, I argue (...) that we should reject the Moral Responsibility Principle. This principle is not supported by an analysis of act-based desert. This rejection is in line with the observation that desert is affected by a number of factors that are outside of an individual’s control, e.g., degree of autonomy and desire content. It also fits with an explanation of desert in terms of fittingness. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic (...) efficiency. By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

Desert and Virtue: A Theory of Intrinsic Value presents a comprehensive examination of desert and what makes people deserve things. Stephen Kershnar demonstrates how desert relates to virtue, good deeds, moral responsibility, and personal change and growth through the life process. He persuasively argues that desert is a function that relates well-being, intrinsic value, and a "ground," which is defined as a person's character or act.

In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions – appraisal, communication, and sanction – that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.

This book argues that no one deserves anything. If this is correct, then sentences that claim that people deserve general things (for example, a life that goes well) or specific things (for example, a particular salary) are false. So are sentences that deny these things if we understand them to assert that people can deserve things even if the individual or group in question does not deserve the thing in question. My argument against desert rests on three claims. (1) (...) There is no adequate theory of what desert is. (2) Even if there were an adequate theory of what desert is, nothing grounds (justifies) desert. (3) Even if there were an adequate theory of what desert is and something grounds it, there is no plausible account of what people deserve. The third claim, (3), rests on arguments about general and specific desert. The argument about general desert, (3a), is that there is no satisfactory account of how much well-being people deserve. The argument about specific desert, (3b), is that there is no satisfactory account of individuals deserving specific things such as income, love, and punishment. (shrink)

In this essay, I assess what I call the “Duty View,” subtly articulated and defended by Victor Tadros in Wrongs and Crimes. According to the Duty View, wrongdoers incur enforceable duties, including the duty to be punished in some circumstances, in virtue of their wrongdoing; therefore, punishment can be justified simply on the ground that wrongdoers’ duties are being legitimately enforced. I argue that, while wrongdoers do incur important duties, these are not necessarily fulfilled by providing protection against future (...) offenses, and I offer a comparative evaluation of the Duty View and an alternative approach, which I call the “Desert Plus View.” The Desert Plus View shares some of the key commitments of the Duty View, such as the rejection of the intrinsic goodness of wrongdoers getting what they deserve. More positively, however, according to the Desert Plus View, the fact that people are deserving can, together with certain additional conditions, such as the need for protection of its citizens, provide a reason for the state to give them what they deserve. (shrink)

In this paper, I argue that character alone grounds desert. I begin by arguing that desert is grounded by a person’s character, action, or both. In the second section, I defend the claim that character grounds desert. My argument rests on intuitions that other things being equal, it would be intrinsically better for virtuous persons to flourish and vicious persons suffer than vice versa. In the third section, I argue that actions do not ground desert. (...) I give three arguments in support of this claim. First, there is little intuitive support for this supposed ground and to the extent that there is support, it is undermined when we consider what causes character and acts to diverge. Second, this type of desert doesn’t fit with a unifying account of the different aspects of intrinsic value. Third, the most plausible version of act-based desert leaves it unclear why acts should ground desert. (shrink)

In this article, I argue that Michael Moore’s (1997), and other similar formulations of desert retributivism – viz., the theory that holds punishment to be justified because of the deserved suffering it imposes on guilty offenders – are epistemically problematic. The argument draws on John Dewey’s inchoate critique of retribution, and on Dewey’s more general contention that the justification of ethical judgments and principles proceeds ex post – viz., that it depends on the experiences elicited by acting on those (...) judgments and principles. Based on Dewey’s ex post take on justification, I more specifically argue that, given its commitment to moral naturalism and to coherentism, Moore’s version of desert retributivism is epistemically unwarranted. This is because we have evidentially grounded reasons to think that many of the retributive judgments that underlie the principle of retributive justice are not clearly supported ex post in the relevant, desert retributivist sense. (shrink)

This article traces John Rawls’s debt to Frank Knight’s critique of the ‘just deserts’ rationale for laissez-faire in order to defend justice as fairness against some prominent contemporary criticisms, but also to argue that desert can find a place within a Rawlsian theory of justice when desert is grounded in reciprocity. The first lesson Rawls took from Knight was that inheritance of talent and wealth are on a moral par. Knight highlighted the inconsistency of objecting to the inheritance (...) of wealth while taking for granted the legitimacy of unequal reward based on differential productive capacity. Rawls agreed that there was an inconsistency, but claimed that it should be resolved by rejecting both kinds of inequality, except to the extent they benefitted the worst off. The second lesson Rawls learned from Knight was that the size of one’s marginal product depends on supply and demand, which depend on institutional decisions that cannot themselves be made on the basis of the principle of rewarding marginal productivity. The article claims that this argument about background justice overstates its conclusion, because the dependence of contribution on institutional setup is not total. Proposals for an unconditional basic income may therefore have a strike against them, as far as a reciprocity-based conception of desert is concerned. If we follow Knight’s analysis of the competitive system, however, so too does the alternative of leaving determination of income up to the market. (shrink)

The provocation defence, which militates against full legal responsibility for unjustified killings in several common law jurisdictions, has been the subject of considerable controversy during recent decades. Much of the criticism focused on substantive legal issues. This article examines the philosophical bases for the defence in hopes of establishing a theoretical groundwork for future debate on the legal defence. The defence originated on desert bases and continues to be understood on those grounds. This article thus examines it in light (...) of two dominant desert-based theories of punishment originating with Aristotle and Immanuel Kant respectively.Ultimately, the best theory of punishment and the best theory of defence are provided by different approaches. The more plausible and robust Kantian theory of punishment can nonetheless be supplemented by the Aristotelean theory of defence as a continent sociological morality to create a more nuanced account of defence that better explains both excuses in general and the provocation defence in particular. From a substantive legal perspective, this position justifies continued use of the provocation defence in our imperfect legal order, but the partial excuse of provocation will not exist in the ideal legal order. An ideal political order will sufficiently control its citizens’ emotions such that the defence cannot be justified. A partial excuse of provocation is only necessary in the interim. (shrink)

P.F. Strawson famously argued that reactive attitudes and ordinary moral practices justify moral assessments of blame, praise, and punishment. Here we consider whether Strawson's approach can illuminate the concept of desert. After reviewing standard attempts to analyze this concept and finding them lacking, we suggest that to deserve something is to justifiably receive a moral assessment in light of certain criteria – in particular, eligibility criteria (a subject's properties that make the subject principally eligible for moral assessments) and assignment (...) criteria (particulars about the subject, act, and circumstances that justify assessments such as blame in a particular case). Strawson's analysis of the ordinary attitudes and practices of moral assessment hints at these criteria but does not unequivocally ground a notion of desert. Following Strawson's general naturalistic approach, we show that recent psychological research on folk concepts and practices regarding freedom, moral responsibility, and blame illuminates how people actually arrive at moral assessments, thus revealing the very eligibility criteria and assignment criteria we suggest ground a concept of desert. By pushing the Strawsonian line even further than Strawson did, by empirically investigating actual moral practice and folk understandings, we can illuminate desert and lend credence to Strawson's general anti-metaphysical position. (shrink)

Desert theories of distributive justice have been attacked on the grounds that they attempt to found large inequalities on morally arbitrary features of individuals: desert is usually classified as a meritocratic principle in contrast to the egalitarian principle that goods should be distributed according to need. I argue that there is an egalitarian version of desert theory, which focuses on effort rather than success, and which aims at equal levels of well‐being; I call it a ‘well‐being (...) class='Hi'>desert’ theory. It is argued that this egalitarian conception of desert is preferable to a meritocratic conception, and that its adoption would encourage greater clarity in arguments over wage differentials and in debates about criteria for job and educational competitions. (shrink)

Philosophers who work on desert-adjustment within axiology often articulate the concept of desert as follows: x deserves y on the basis of z. This formulation allows for a focused examination that encompasses deservers, deservings, and desert bases. I call this first-order desert. This paper posits that axiology grounded solely in first-order desert fails to adequately capture our nuanced intuitions concerning desert. I contend that to construct an axiology that more effectively aligns with our (...) class='Hi'>desert-sensitive intuitions, we must incorporate considerations of second-order desert. Second-order desert is defined as follows: x deserves to live a life in which x deserves y on the basis of z. Initially, I provide a definition of first-order desert, followed by an elucidation of second-order desert. Subsequently, I explore various counter-arguments against my proposition. I defend my proposal against potential counter-arguments, demonstrating that a desert-adjusted axiological theory will be significantly better-off by incorporating second-order desert considerations. (shrink)

This article considers tropes of fragmentation and immersion in photographs made by Frederick Sommer in the 1940s. It problematizes Kant-derived conceptions of the sublime, arguing that the radical nature of Sommer's work of this period challenges dyadic relationships of the figure/ground that are associated with depictions of the Kantian sublime. Reviewing some of the writing on Sommer's work to date, the article draws upon a close reading of his photographic prints and technique in the context of his wider practice, (...) and alongside work done over the past four decades in Literature Studies, Feminist Studies, Lesbian and Gay Studies, and Classical Studies, to propose that a model of the Sapphic sublime is appropriate to Sommer's work of this period. (shrink)

It is typically thought that a student deserves—or at least can deserve—a grade in a class. The students who perform well on assessments, who display a high degree of competence, and who complete all of the required work, deserve a good grade. Students who perform poorly on assessments, who fail to understand the course material, and who fail to complete the required work, deserve a bad grade. In this paper, I raise a challenge to this conventional view about grades. In (...) particular, I challenge the idea that grades—understood appropriately—can be objects of desert for class performance. In other words, grades are simply not the kind of thing that can be deserved. The argument is roughly as follows. In general, when some property or quality of ours is measured, where that property or quality is something that makes us deserving of something, the measurement, itself, is not the thing that is or could be deserved. Grades, however, are a measure of student performance, where performance is meant to be the basis on which students deserve their grades. Since they are mere measures of performance, grades are not and could not be deserved on the basis of performance, and so are not possible objects of desert. Rather, they serve as evidence of the desert basis (academic performance, e.g.) that grounds a student’s being deserving of other objects (praise or recognition, e.g.). In short, grades, at best, measure how deserving one is, but grades themselves are not deserved. (shrink)

The orthodox view of the metaphysics of desert is that desert is a triadic relation that obtains between a subject, an object and a desert base. Not only is this view lacking in motivation, but conceiving of the desert base as part of the desert relation renders the concept of desert incoherent. Instead, desert should be thought of as a dyadic relation between a subject and an object, where desert bases are simply (...) the grounds for dyadic desert facts. (shrink)

This paper examines Derk Pereboom’s argument against punishment on deterrent grounds in his recent book Free Will, Agency, and Meaning in Life. It suggests that Pereboom’s argument against basic desert has not been shown to extend to the view that those who act wrongly lose rights against punishment for deterrent reasons. It further supports the view that those who act wrongly, if they fulfil compatibilist conditions of responsibility, do lose rights to avert threats they pose. And this, it is (...) argued, supports punishment on deterrent grounds, at least in some limited cases. (shrink)

The article claims that a person who deserves punishment deserves it because, and only because, she has performed a culpable wrongdoing . The article thus rejects the theory that the basis of deserved punishment is a bad moral character. The argument rejecting The Character Theory of Deserved Punishment is divided into two parts:1) that it is not necessarily the case that an intentional act reflects the agent's moral character, and2) that it is not necessarily the case that a culpable wrongdoing (...) reflects the agent's moral character. The article then proceeds to isolate instances of culpable wrongdoing and of bad moral character to see which of these factors accompanies the considered moral judgment that the agent deserves punishment. It concludes that our intuitions suggest deserved punishment and the amount of punishment someone deserves, correlate with culpable wrongdoing rather than with a person's bad moral character. Der Beitrag geht davon aus, daß eine Person dann und nur dann Strafe verdient, wenn sie eine rechtswidrige Tat schuldhaft begangen hat. Er wendet sich damit gegen die Auffassung, Basis für eine verdiente Strafe sei der schlechte Charakter der bestraften Person. Das Argument, das die letztere Lehre verwirft, zerfällt in zwei Teile. 1) Es ist nicht notwendigerweise so, daß eine Vorsatztat den schlechten Charakter des Handelnden, und 2) es ist nicht notwendigerweise so, daß schuldhaft begangenes Unrecht überhaupt den Charakter des Handelnden widerspiegelt. Anschließend untersucht der Beitrag Beispiele schuldhaftes Unrechttuns und Beispiele schlechten moralischen Charakters, um festzustellen, welcher dieser Faktoren das moralische Urteil, daß der Handelnde Strafe verdient, begleitet. Er kommt zu dem Ergebnis, daß unsere Intuitionen den Gedanken, jemand verdiene Strafe, und die Höhe der Strafe, die der Betreffende verdient, mit der Annahme einer schuldhaft begangenen rechtswidrigen Tat korrelieren und nicht mit der Annahme der Betreffende habe einen schlechten Charakter. (shrink)

There is a series of candidates for the ground of intrinsic value. Different theories posit that the ground consists of some or all of the following: types of experiences, desire-satisfaction, virtue, meaningful relationships, true beliefs, desert-satisfaction, etc. The ground can be local or global depending on whether it grounds value of a spatial, temporal, or fact-specific part of the universe (e.g., Jones enjoying this ice cream) or all facts considered (e.g., the universe over time). In this (...) paper, I argue that the single ground of global intrinsic value is the total amount of desert-adjusted well-being. I begin by providing a sketch of moral desert. I then argue that desert-adjusted well-being alone satisfies our intuitions about global intrinsic value. (shrink)

This chapter identifies three contrasts between responsibility-sensitive justice and desert-sensitive justice. First, while responsibility may be appraised on prudential or moral grounds, it is argued that desert is necessarily moral. As moral appraisal is much more plausible, responsibility-sensitive justice is only attractive in one of its two formulations. Second, strict responsibility sensitivity does not compensate for all forms of bad brute luck, and forms of responsibility-sensitive justice like luck egalitarianism that provide such compensation do so by appealing to (...) independent moral concerns such as equality. Desert-sensitive justice can deliver the appropriate compensation without relying on external moral resources. Finally, while responsibility-sensitive justice harshly refuses to provide for those whose basic needs are unsatisfied due to their own negligent actions, this result can be averted by desert-sensitive justice as it can take into account responsibility-independent considerations. In sum, desert-sensitive justice appears to offer a tighter fit with considered judgments about justice. (shrink)

A number of contemporary philosophers have pointed out that justice is not primarily an intellectual virtue, grounded in abstract, detached beliefs, but rather an emotional virtue, grounded in certain beliefs and desires that are compelling and deeply embedded in human nature. As a complex emotional virtue, justice seems to encompass, amongst other things, certain desert-based emotions that are developmentally and morally important for an understanding of justice. This article explores the philosophical reasons for the rising interest in desert-based (...) emotions and offers a conceptual overview of some common emotions of this sort having to do with the fortunes of others and of oneself, respectively. The article does not give a definitive answer to the question of whether those emotions really are virtuous, but aims at enriching our understanding of what kind of virtue they might possibly represent. (shrink)

If the ground of punishment is a culpable wronging, what is it about a culpable wrongdoing that allows it to morally justify deserved punishment? In particular, we want to know what it is about a culpable wrongdoing that accounts for the intrinsic value of punitive desert or the punitive-desert-related duties that comprise retributivism. I analyze both together in the context of seeking a justification for The Principle of Deserved Punishment, (1). (1) The Principle of Deserved Punishment. A (...) person deserves punishment because, and only because, she has performed a culpable wrongdoing. One approach is that more general moral principles justify it. On this approach, these moral principles support the claim that deserved punishment is morally justified and the claim that it is justified on the ground of a culpable wrongdoing. In this article, I argue against this approach. Elsewhere I argue for the truth of retributivism (which focuses on deserved punishment) based on its being the best explanation of our considered moral judgments. This latter account allows punitive desert and retributivism to function as more fundamental normative entities than is suggested by theories that attempt to derive it from other moral principles. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content (...) of distributive justice so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

As public and private resources are increasingly being directed towards the elimination of food deserts in urban areas, proper measurement of food access is essential. Amelioration has been approached through the use of farmers markets, virtual grocery stores, and corner store programs, but properly situating these assets in neighborhoods in need requires localized data on both the location and content of food outlets and the populations served. This paper examines the reliability of current techniques for identifying food deserts, and identifies (...) some of the flaws in those approaches. Information derived from geographic information systems mapping is the predominant means of determining food availability. In this study, food access in Bridgeport, CT, is examined utilizing both computer-based GIS mapping and on-the-ground observations. While the GIS output indicates generalized food accessibility issues, supplementation by survey data reduces the geographic extent of the food desert problem. Still, nearly 60,000 people reside in neighborhoods served only by small retailers who provide few healthy food options, and those at inflated prices. The high opportunity cost of travelling by bus to a major grocery store may outweigh the direct cost savings, and residents choose to consume locally available but unhealthy foods. (shrink)

The exploration of penal censure in this book is inspired by the fortieth anniversary in 2016 of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within (...) von Hirsch's theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological-anthropological and individual-psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory. (shrink)

Why is the American policy debate not focused more intensely on the relative merits or demerits of our current approach to drugs and of possible alternatives to it? The lack of discussion of this issue is rather striking, given that America has the most serious drug problem in the world, that alternatives to a prohibitionist approach are under serious consideration in other countries, and that the grounds for reconsidering our current approach are, I shall argue, so weighty. -/- One consideration (...) that tells against our present approach to drugs is that prohibition simply does not work. For we have, after all, been pursuing this approach in the case of heroin since the Harrison Narcotic Act of 1914, and what has been the outcome? We have the worst heroin problem in the world. Moreover, our brief experiment in banning the consumption of what is undoubtedly our most harmful drug, alcohol, during Prohibition, turned out to be an utter failure. -/- A second consideration, often noted is the striking difference in our treatment of drugs such as alcohol and nicotine, on the one hand, and drugs such as marijuana, heroin, and LSD, on the other. This difference is so familiar that it may no longer seem strange. If so, it is worth asking the following question. If you were on a desert island, with a plentiful supply of both tobacco plants and opium poppies, and you knew that your son or daughter was going to wind up addicted either to nicotine or to heroin, which would you prefer? If your choice is nicotine you have chosen a drug that, according to the testimony of most heroin addicts, is the more addictive of the two drugs. In addition, given access to heroin that has not been combined with dangerous chemicals, your son or daughter could be a lifelong addict without suffering serious organ damage. But a lifelong addiction to tobacco is often, of course, a very different story. -/- In this article, then, I consider in detail perhaps the two most important reasons for reconsidering our current drug policy: first, the difficulty of providing any adequate justification for the restrictions that prohibitive laws place on people's liberty, and secondly, the enormous social and personal cost associated with a prohibitionist approach. (shrink)

In this essay, I argue that if we assume with free will skeptics that people lack moral responsibility, or at least a central form of it, we may still maintain that people are ‘basically’ deserving of certain treatment in response to their behavior. I characterize basic-desert justifications for treatment negatively, as justifications that do not depend on consequentialist, contractualist, or relational considerations. Appealing to attributionist accounts of responsibility as well as the symbolic value of protest, I identify protest as (...) a response that may be basically deserved even in the absence of free will, on the grounds that it is a fitting response to the intrinsic features of agents and their actions. The position defended is not a standard form of semi-compatibilism as it allows that some responses to behavior—such as punishment—that would be basically deserved were people free are not basically deserved in the absence of free will. (shrink)

In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions—appraisal, communication, and sanction—that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.

A punitive desert-claim should be understood as a claim about the intrinsic value of punishment, where this value is grounded in an act or feature of the person to be punished. The purpose of my project is to explore the structure and justification of such punitive desert-claims. ;I argue that a true punitive desert-claim takes the form and , and that belief in these principles is justified on the basis of our considered moral judgments. The Principle of (...) Deserved Punishment. A person who deserves punishment deserves it because, and only because, she has performed a culpable wrongdoing. The Principle of the Proportionality of Deserved Punishment. A person receives the punishments she deserves if and only if the punishment she receives is proportional to her culpable wrongdoing. ;My analysis proceeds as follows. In chapter two, I argue in favor of the claim that a culpable wrongdoing is the sole basis for deserved punishment. ;In chapter three, I put forth an account of the structure of a punitive desert-claim and argue that deserved punishment is not justified via the consequences that result from punishment. Having clarified the basis and structure of deserved punishment, I then set out to provide the justification for it. ;In chapter four, I argue that deserved punishment cannot be justified by an appeal to more general moral principles. My argument here rests on the criticism of different types of theory that attempt to justify deserved punishment on the grounds of more general principles. Here I criticize those theories that attempt to justify and on the grounds of: the culpable wrongdoer's choice, the culpable wrongdoer's hypothetical consent, the state's promise to punish, the demands of a justified institution, and distributive justice. ;In the last chapter I argue that and best account for our considered moral judgments about specific cases. From this, I conclude that our belief in both principles is justified. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extractivist OntologiesLithium Mining and Anthropocene Imaginaries in Chile's Atacama DesertMauricio F. Collao Quevedo (bio)The term energy transition generally refers to efforts to switch from one energy system to another. In light of the current climate crisis, energy transition projects have sought to move societies away from their reliance on fossil fuels and toward a renewables-based energy system. Yet such projects have not been easy to undertake. As Marie Forget (...) and Vincent Bos point out, an energy system based on renewables requires a transformation of energy "regulatory frameworks, technical and organizational structures, geographic forms and network practices" (1). More specifically, current energy transition models rely on the expansion of lithium production, accompanying systems of private property rights, and complex logistical and technical strategies. This article examines the interplay between lithium extraction, national development, and Anthropocene imaginaries in Chile's Atacama Desert, arguing that the green brand of extractivism that characterizes the industry relies on elaborate institutional arrangements aimed at expanding and protecting extractivist ontological and epistemological regimes in the politically contested region. As such, struggles over lithium in Chile's Atacama region demonstrate the extent to which efforts to decolonize the Anthropocene and make possible non-extractive futures of collective survival must unfold on ontological grounds, against the consolidation of the Age of Man.Mining, Water Rights, and Indigenous Communities in the Atacama DesertAmong today's most promising energy sources and materials are sodium, copper, sulfur, nickel, cobalt, rare earth metals, and lithium. These [End Page 78] have become central to energy transition strategies and states seeking to attract investors for development (Lunde Seefeldt). As a report by the World Bank points out, demand for transition minerals like lithium, cobalt, and graphite could increase by 500% by 2050 ("Climate-Smart Mining"), highlighting the extent to which global energy transition efforts are counting on greater extraction of transition minerals and the expansion of extractive frontiers to previously unexplored or unexploited regions (Moore, Capitalism; World Bank Group). Lithium is at the center of this economic and technological shift toward green economies.Global lithium demand is growing rapidly, with investment and production rates growing significantly in recent years (Narins) and catching the attention of states (e.g., China) and corporate tech giants (e.g., Tesla) that are already trying to secure greater shares of the global market. The light metal's popularity is largely due to its internal chemistry, which meets many of the technical and practical requirements associated with green energy transition. Lithium is light, conducive, and energy-dense, which in the context of batteries means faster recharge, lower costs, and charge-holding abilities that make lithium-ion batteries more efficient than a nickel-metal hybrid equivalent (Perotti and Coviello). Because of this, lithium is increasingly being considered as promising for human development and survival as its energy predecessors, inspiring labels such as "white gold," "white petroleum," "the new copper," "the 21st century's petroleum," or the "new gasoline" of sustainability (Acuña and Tironi; Lunde Seefeldt; Voskoboynik and Andreucci).But the industry is not without its downsides. The negative impacts of lithium extraction in Chile's Atacama Desert have been challenged by local communities for whom the metal does not exist as a discrete entity that can be easily extracted from its socioecological context. For many of these communities, lithium is more than a transition metal found in an appropriable and materially heterogenous underground brine: it is an ontologically contested, socioecological entity that sustains and participates in complex webs of life-supporting, place-based, and more-than-human relations. Such accounts of the brine are radically incompatible with "official" state accounts of it, which are maintained through an institutional architecture that allows the ontological basis of the brine to be manipulated for extractive purposes by both corporate and state actors.In the following pages, I examine the ways in which Chile's legal and institutional arrangements, informed by imaginaries of green modernization, [End Page 79] create conditions under which extralocal actors can manipulate along extractivist lines the ontological ambiguity and material heterogeneity of lithium-containing brines in the salt flats of the Atacama Desert. Through an analysis of the ways in which lithium industries in the... (shrink)

Before, during, and after the global financial crisis of 2008, executive pay practices were widely debated and criticized. Economists, philosophers, as well as the man on the street all seem to have strong feelings towards how much, in what ways, and on what grounds executives are paid. This thesis asks whether it is possible to morally justify current executive pay practices and, if so, on what grounds they are justified. It questions those who find no quarrel with pay practices due (...) to their minimally moralized view of the market and – perhaps more importantly – it asks for a sophisticated critique from those who criticize current pay practices. The discussion on just pay is clearly one of distributive justice. One reason for why some people consider CEO pay practices to be (fairly) unproblematic while others find them objectionable stems from the availability of different understandings of, and principles for, just pay. We tend to associate justice in pay with such things as proper incentivization, being the outcome of a fair procedure, being deserved on the basis of effort or contribution, and/or satisfying the ideal of equality. Parts of this thesis are devoted to these different understandings and what they entail for the moral justification of CEO pay. Another reason for the conflicting views on CEO pay stems from how issues of justice go beyond the confines of economics and applied ethics, extending all the way into the domain of political philosophy. Parts of this thesis explore this connection, in particular how the concept of economic desert relates to the broader concept of moral desert. Lastly, I discuss the criticism that the superrich (including executives) are being paid too much and are in possession of too much wealth. The issue at hand here is how to morally justify the interventions that seem suitable to rectify the situation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Jesus, Man of Sin: Toward a New Christology in the Global EraSoho MachidaSin as the Common GroundThe blasphemous title of this article is likely to outrage more than a few devout Christians. I am aware that most Christians view Jesus as the most immaculate and beautiful person who ever lived. As a Buddhist scholar and practitioner, however, I cannot extinguish a long-held question from my mind. Was Jesus really (...) free from sin? I do not object to the view of those Christians who see him as the greatest living expression of compassion and courage. But the Christian construction of an untainted, perfect image of Jesus, the Son of God, raises certain problems that I would like to address. Although Jesus, the Anointed, could have had a special mission in the human world, the Son of Man did not appear as the Holy Ghost. He was incarnated in human form: “And the Word became flesh and dwelt among us, full of grace and truth; we have beheld his glory, glory as of the only son from the Father” (John 1:14).It is important to carefully consider the meaning of the Incarnation. The fact that Jesus came to be born with flesh in this world means that he chose to stand on the common ground of sin with us. The sin that I refer to here is the most ontologically fundamental sin that is at the core of human experience. What links us with Jesus is none other than so-called Original Sin.To be sure, as a man who comes from a different religious tradition, I do not make this outrageous claim because I want to dispute the value of the divine personhood of Jesus, or because I am cynical about the most sacred object of Christian faith. I have a deep respect for the greatness of the Christian tradition that has developed around this very unusual person, Jesus Christ.On a personal level too, I do not think of Jesus as a distant figure, as merely the god of another religion. During my boyhood in Japan, I often attended an Episcopal church; and the first academic degree I earned in the United States was in theological studies. In light of all that I have learned from my own personal involvement with Christianity, I still believe that Jesus was a person who suffered like us as a sinful human being.If I were to choose the most important of Jesus’ words from the Bible, I would not hesitate to point to the following passage: “Eloi, Eloi, lema sabachthani? (My God, my God, why have you deserted me?)” (Mark 15:34). It is surprising how few Christian scholars have offered persuasive interpretations of these words, which Jesus is said to have uttered in the final moments of his life. Many Christians would rather not hear such contradictory, despairing words come from the mouth of Jesus. Yet [End Page 81] these words of extreme suffering contain the key message at the core of Christian faith.Though I am also interested in Jesus’ historical background and the political role he played in a tiny corner of the Roman Empire, it is not the purpose of this article to investigate the historicity of Jesus’ life, as many theologians and historians have attempted to do in recent years. I will focus instead on the philosophical implications of Jesus’ life and his physical body, and why I believe it is important to develop a new Christology for the coming global era.The Karmic Body of JesusFirst, why did Jesus have to experience the suffering of crucifixion? The evident answer might be explained this way: because he sacrificed himself to redeem the human race, which has been sinning since the time of Adam and Eve. I would like, however, to suggest a totally different answer: Jesus was crucified to atone for his own sin. He courageously showed the way each of us must take responsibility for our own lives. He deserves our high admiration, but not excessive mystification.I do not mean that Jesus committed any specific sin in his lifetime, but rather that as the Son of Man he too was... (shrink)

The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self‐ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self‐shaping lives is inconsistent with the libertarian refusal to accept that claims of (...) need can sometimes outweigh claims to property. (shrink)

Retributivism—the idea that wrongdoers should be “paid back” for their wicked deeds—fits naturally with many people’s feelings. They find it deeply satisfying when murderers and rapists “get what they have coming,” and they are infuriated when villains “get away with it.” But others dismiss these feelings as primitive and unenlightened. Sometimes the complaint takes a religious form. The desire for revenge, it is said, should be resisted by those who believe in Christian charity. After all, Jesus himself rejected the rule (...) of “an eye for an eye,”2 and St. Paul underscored the point, saying that we should not “return evil for evil” but we should “overcome evil with good.”3 To those who adopt this way of thinking, whether on secular or religious grounds, vengeance cannot be an acceptable motive for action. This objection is, for the most part, misguided. The idea that wrongdoers should be “paid back” for their wickedness is not merely a demand for primitive vengeance. It is.. (shrink)

This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent (...) persons for as long as we legalize capital punishment. Thus, on grounds of desert, this article argues that retributivists should oppose capital punishment. (shrink)

ABSTRACT Both Nietzsche and Freud believe that our conscious experiences and actions are shaped by the activity of unconscious drives. Despite the significant differences in their understanding of drives and the obstacles faced uncovering them, there is sufficient common ground in their view of drives as multiple, contingent, and historically formed, to compare their methods of investigating them. For Nietzsche, solitude is essential to any project of self-knowledge, while Freud transplants the process of uncovering the activity of the drives (...) from the loneliness of a metaphorical desert to the therapeutic relationship in the consulting room, relying on the effects of transference between analyst and analysand. If drives are relational, then understanding their activity seems to require exploring them in the context of relationships. These relationships, however, may constrain the process of investigation. By contrasting the methods of Freud and Nietzsche, I highlight dangers present in both approaches. Such awareness allows us to find ways to mitigate the inevitable bias that their methods introduce. I conclude that the limitations of a purely solitary or dialogical approach to self-knowledge point to the need to employ both solitude and dialogue to explore our drives, combining a capacity for solitude with a capacity to engage. (shrink)

A person deserves a punishment if and only if he did a culpable wrongdoing and in virtue of this it is other-things-being intrinsically good that he receive punishment and if he were to receive that punishment then it would be through a non-deviant causal chain that includes the culpable wrongdoing. The wrongdoing may be institutional or pre-institutional depending on whether the moral right that the wrongdoer trespasses upon is dependent on a political institution’s goal. Desert in general, and punitive (...) desert in particular, has a ground for which the agent is blameworthy or praiseworthy and it does not itself general a duty on anyone’s behalf. Both features make desert a different type of moral entity than a moral right. In addition, the two stand in a different relation to autonomy: rights protect a sphere in which autonomy may be exercises whereas desert, including punitive desert, provides a guide to the exercise of autonomy. They thus have different connections to one of the most important value-creating features of a person. This difference between desert and moral rights indicates the need for a separate analysis of each in the context of punishment. (shrink)

Modern consequentialism is a very broad theory. Consequentialists can invoke a distribution sensitive theory of value to address the issues of distributive justice that bedeviled utilitarianism. They can attach intrinsic moral value to such acts truth-telling and promise-keeping and, so, acknowledge the essential moral significance of such acts in a way that classical utilitarianism could not. It can appear that there are no limits to consequentialism’s ability to respond to the criticisms against utilitarian theories by embracing a sophisticated theory of (...) value. But there are limits. They are imposed by consequentialism’s commitment to ground considerations of rightness solely on considerations of goodness. Some consequentialists have attempted to incorporate elements of guilt and desert into the theory of value. This can be done, consistent with consequentialist scruples, only if these notions can be analyzed without appeal to deontic concepts such as right and wrong. I analyze the problem consequentialists face and suggest a way incorporate notions of guilt and desert in a theory of value without relying in any fundamental way on concepts of right and wrong action. (shrink)

"When the book opens, Jim Lo Scalzo is a blur to his wife, her remarkable tolerance wearing thin. She is heading to the hospital with her second miscarriage, and Jim is heading to Baghdad to cover the American invasion of Iraq. He hates himself for this - for not giving her a child, for deserting her when she so obviously needs him, for being consumed by his job - but how to stop moving? Sure, there have been some tough trips. (...) He's been spit on by Mennonites in Missouri, by heroin addicts in Pakistan, and by the KKK in South Carolina. He's contracted hepatitis on the Navajo Nation, endured two bouts of amoebic dysentery in India and Burma and four cases of giardia in Nepal, Peru, Afghanistan, and Cuba. He's been shot with rubber bullets in Seattle, knocked to the ground by a water cannon in Quebec, and sprayed with more teargas than he cares to recall. But photojournalism is his career, and travel is his compulsive craving.". (shrink)

This article critically explores John Rawls’s contention that the personal assets of individuals, i.e. their mental and bodily powers, should not determine the size of their holdings. Since such an argument may have several forms, the first task is to establish which of them Rawls himself advocates. He relies, it is argued, on a version that attempts to convince us that personal assets should not play a decisive distributive role because they are undeserved. This account is then formally reconstructed, making (...) all the relevant premises visible and preparing the ground for a critique that concentrates on the argument’s separate steps. Coming under attack first is the claim that everything should be deserved. The discussion examines next the premise urging us to find an ultimate, indisputable ground for desert-claims. Debate about this issue reveals some fundamental weaknesses in Rawls’s position: that he demands too much and is inconsistent; that some strong counter-intuitive consequences follow from his demands; and that his entire project, were such a criterion taken seriously, is undermined. Final comments are directed against the assertion that the community should own everything an individual does not deserve, showing that this does not remove moral arbitrariness, allows for the use of some persons as resources for others, and cannot plausibly limit its range of application. Most of these criticisms are not original, but are in accord with this paper’s main intention of combining as many good points against Rawls as possible. (shrink)

Rawls famously argued against meritocratic conceptions of distributive justice on the grounds that the accumulation of merit is an unavoidably lucky process, both because of differences in early environment, and innate talents. Thomas Mulligan (2018a) has recently provided a novel defense of meritocracy against the “luck objection”, arguing that both sources of luck would be mostly eliminated in a meritocracy. While a system of fair equality of opportunity ensures that differences in social class or early environment do not lead to (...) differences in the accumulation of merit, Kripke’s essentiality of origin thesis means that our genetic endowments, and thus our innate talents, could not have been any other way. But if we could not fail to have our innate talents, Mulligan argues, then it is not a matter of luck that we have them, and so the merits we accumulate on their basis are not so luck-dependent. This paper argues that Mulligan’s appeal to the essentiality of origin thesis fails to rescue meritocratic conceptions of distributive justice from the luck objection for two reasons. First, even granting essentiality of origin and fair equality of opportunity, the contingencies of the market and the social environment mean that having some innate talents is far luckier than having others. And second, the appeal to essentiality of origin misses the underlying motivation for the luck objection, and ignores the intimate connection between desert and responsibility. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility (...) skeptics wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Philosophical Basis of RhetoricHenry W. JohnstoneI want to begin by distinguishing between what has a philosophical basis at all and what has none. Science, history, morals, and art have a philosophical basis. Fishing, tennis, needlecraft, and carpentry do not. The criterion that determines membership in each list is simple: an activity has a philosophical basis if, and only if, the practice of it distinguishes man from the animals. (...) It must be disqualified on the ground that some animals, as well as men, fish. It might be argued, however, that there is an art of fishing requiring tools utilizable by man alone, and that the ability to fish in this way distinguishes man form the animal. To be sure, in some cultures fishing with appropriate tools is necessary. In others, carpentry is. But if we came across a culture in which fishing did not occur, we would not say, "This creature does not fish; hence he is not a man'; and the same for carpentry. It may seem that the same question arises for science and history. Not all cultures are scientific. If science is indeed, as I maintain, necessary for men, what then prevents us from visiting some primitive tribe and saying, "These creatures have no science; hence they are not men"? The answer is that the culture we have encountered is prescientific. Even though its participants have at the moment no science, science is somehow "in the cards" for them. We would not characterize the nomads of Afghanistan as being in a pre-fishing era. We would not say that fishing was in the cards for them. Of course if the desert should become a sea, they will become fishermen, and there will have been a pre-fishing era. But it is not necessary to the character or status of the nomad that he represent either a pre-fishing or a fishing, or, for that matter, a post-fishing era. It is not necessary for man, however, that he be either prescientific man or scientific man or postscientific man. I add the last rubric to accommodate not only the tragic possibility of a cataclysm that could wipe out all humans capable of maintaining the tradition of science but also the ironic possibility that man might some day simply turn away from science. In either eventuality, man would be essentially characterized as a being living in a [End Page 15] postscientific era; that is, not merely as a being bereft of science, but as a being living a life either oriented to the cataclysm that had shattered the tradition of science or else oriented to the conviction that science is a thing of the past. The non-fishing nomad, on the other hand, need not take any position at all with regard to the nature or value of fishing. The possibility of fishing need receive no mention in any characterization of him.The principle I have roughly stated and exemplified implies that if rhetoric has a philosophical basis, it is necessary to man, in the sense that all men live in either a pre-rhetorical culture, or a rhetorical culture, or a post-rhetorical culture. Each of these cultures is characterized by a disposition toward rhetoric. In the pre-rhetorical era, even though man does not engage in any form of rhetoric that we can recognize, we can see rhetorical activity as in the cards for him. Perhaps someone will object that there never has been such an era; as long as man has existed, he has engaged in rhetoric. So much the better for my argument; for then it is all the more clearly the case that rhetoric is necessary to man. But if man has gone through a pre-rhetorical phase, he is distinguished form all nonhuman creatures in this respect. No one would say of rats, cats, or cows that they are not yet engaged in rhetoric, but that once the idea occurs to them they will be. But man is either rhetorical from the outset or fated to become so once a certain idea dawns upon him—this, at any rate, is what anyone would be claiming who asserted that rhetoric has a... (shrink)

The essay reproduced here is chapter 6 from Death’s Dream Kingdom: The American Psyche since 9-11 . In it, Walter A. Davis provides an analysis of Žižek's Welcome to the Desert of the Real that becomes a critique both of Žižek's general project and the Lacanian theory of the psyche on which it is grounded.

In light of recent doctrinal changes, we examine the confused state of U.S. insider trading law, identifying gaps that permit certain market participants to trade on the basis of material nonpublic information, and contrast U.S. insider trading doctrine with the European approach. We then explore the ethical implications of the status quo in the U.S., explaining why the dominant legal justifications for prohibiting classical insider trading and misappropriation—the fiduciary duty and property rights theories—fail to account for the wrongfulness of insider (...) trading by eavesdroppers and certain tippees. We refute common arguments for legalizing insider trading, including arguments that insider trading is a victimless crime and that the practice promotes efficiency. We explain why insider trading constitutes the moral wrong of cheating, grounding our theory in the legitimate expectations of market participants. Having considered Kantian deontology in other work, we find that virtue ethics theory offers a helpful albeit rough framework for assessing the morality of insider trading independent of its legality. We also find that social contract theories, with norms of equality of opportunity and moral desert, provide a compelling ethical basis for retaining, clarifying and broadening current legal prohibitions against insider trading. (shrink)

Abstract I argue for the following, which I dub the ?fallibility syllogism?: (1) All systems of criminal punishment that inflict suffering on the innocent are unjust from a desert-based, retributivist point of view. (2) All past or present human systems of criminal punishment inflict suffering on the innocent. (3) Therefore, all such human systems of criminal punishment are unjust from a desert-based, retributivist point of view. My argument for the first premise is organized in the following way. I (...) define what a human system of punishment is. I offer a distinction between retributive and utilitarian approaches to punishment. I distinguish between weak retributivism embodied in the second premise and strong retributivism, which I argue is the basis for the weak version. I argue that on retributivist grounds, each case of punishment is just when it matches the seriousness of the wrongdoing of the offender and that systems of punishment are just from a retributivist point of view when there are no exceptions to this match-up. In making my case, I will use Kant's retributivism as the version of my choice, so I will spend some time showing that recent reinterpretations of Kant (arguing that he was not a thoroughgoing retributivist), even if they are correct, are consistent with my view. Ultimately, however, I argue that the better view is that Kant was a thoroughgoing retributivist. (shrink)

The conclusion of animal liberationists that the underlying assumptions of modern egalitarian humanism can be construed to imply an equal moral desert for the higher nonhuman animals has recently been challenged by R. G. Frey on the grounds that linguistic incompetence and lack of self-consciousness on the part of animals preclude them from having desires, beliefs, interests, and rights. AlthoughFrey’s arguments fail, they challenge us to provide alternative accounts of these descriptive and normative categories of human and animal psychology. (...) Phenomenological and behavioral analyses demonstrate both the meaningfulness and the truthfulness ofattributing desires, beliefs, and interests to many nonhuman animals. Principles ofaxiology and ethics prescribe that animal interests ought to be objects of our moral concern, but do not vindicate an egalitarian interpretation of animal liberation. A fundamental challenge of the anima1liberation debate is how to frame a nonegalitarian ethic that can nevertheless preserve the moral gains of various liberation movements inspired by principles of equality. (shrink)

Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment can be (...) justified by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms. (shrink)