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)

Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...) tradición de la filosofía sea capaz de orientarnos al momento de abordar las discusiones contemporáneas sobre justicia social. -/- En los trabajos que componen este libro el lector podrá encontrar una discusión actualizada sobre aquellos elementos que definen la base moral y política que Rawls presentó como fundamento de su teoría de la justicia. Al mismo tiempo, estos ensayos intentan construir un puente entre la justicia como equidad y otras tradiciones de la filosofía moral y política contemporánea. Para lograr este último fin, varios de los trabajos que aquí se presentan consideran las ideas de reconocimiento y autorrespeto como claves de interpretación de la obra de Rawls. (shrink)

Some philosophers – notably Bernard Williams, Martha Nussbaum and Ruth Barcan Marcus – argue that agents in moral dilemmas are blameworthy whatever they do. I begin by uncovering the connection these philosophers are presupposing between the agent’s judgement of wrongdoing and her tendency to self-blame. Next, I argue that while dilemmatic choosers cannot help but see themselves as wrongdoers, they both can and should divorce this judgement from an ascription of self-blame. As I argue, dilemmatic choosers are morally sui generis (...) in that their actions result in a diminishment of their personal integrity with no corresponding failure of character. It is this that makes them non-blameworthy wrongdoers. This way of seeing the problem should provide dilemmatic choosers with a novel conception of their own moral psychology, one that allows them to view their actions in a manner that is given neither to moral insensitivity nor to pathological self-accusation. (shrink)

Moving beyond the retributive system requires clearing away some of the basic assumptions that form the foundation of that system: most importantly, the assumption of moral responsibility, which is held in place by deep and destructive belief in a just world. Efforts to justify moral responsibility typically appeal to some version of self-making, and that appeal is only plausible through limits on inquiry. Eliminating moral responsibility removes a major impediment to deeper inquiry and understanding of the biological, social, and environmental (...) causes of both vicious and virtuous behavior. The resources for moving beyond the moral responsibility are already being developed in social democratic corporatist cultures as well as in workplace management models that nurture commitment and reject blame and shame. Without moral responsibility we must face the unpleasant fact that although punishment is sometimes unavoidable it is always unjust. That unpleasant fact motivates difficult but beneficial changes that minimize both the extent and the severity of punitive measures. (shrink)

How can hard determinism deal with the need to punish, when coupled with the obligation to be just? I argue that even though hard determinists might find it morally permissible to incarcerate wrongdoers apart from lawful society, they are committed to the punishment’s taking a very different form from common practice in contemporary Western societies. Hard determinists are in fact committed to what I will call funishment, instead of punishment. But, by its nature funishment is a practical reductio of hard (...) determinism: it makes implementing hard determinism impossible to contemplate. Indeed, the social practices that hard determinism requires turn out to be morally bad even according to hard determinism itself. I conclude by briefly reflecting upon the implications. (shrink)

I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) (justified) institution or practice; or (3) the fact that the person could have avoided being subject to this treatment by choosing appropriately, and therefore cannot complain of it. I will explore the implications of this understanding of desert for the role of desert-based justifications of blame, punishment, and economic reward. (shrink)

Chief executive officers (CEOs) are typically paid great amounts of money in wages and bonuses by commercial companies. This is sometimes defended with an argument from peer comparison; roughly that “our” CEO has to be paid in accordance with what other CEOs at comparable companies get. At first glance this seems like a poor excuse for morally outrageous pay schemes and, consequently, the argument has been ignored in the previous philosophical literature. In contrast, however, this article provides a partial defence (...) of the argument from peer comparison. Moreover, it is demonstrated how a serious consideration of this argument sheds further light on both incentive- and desert-based theories of just pay. (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)

Jeffrie G Murphy & Jean Hampton, Forgiveness and Mercy Cambridge and New York: Cambridge University Press, 1988, 194 pp. Kathleen Dean Moore, Pardons: Justice, Mercy, and the Public Interest New York and Oxford: Oxford University Press, 1989, 271 pp.

One of the central theses of egalitarian liberals in the domain of distributive justice is that talented individuals should not be allowed to keep their entire market-income even if it flows solely from their greater abilities. This claim is usually supported by one of several arguments or some mixture of them, but in the present paper, I want to concentrate on the version that invokes equality of opportunity as its starting point. Namely, it is claimed that every human being should (...) enjoy an equal starting point in the life-race but that this is not secured insofar as some have greater natural talents than others. Therefore, egalitarians hold that results that arise from such an unfair situation are unjust and should be corrected by a redistributive taxation. I want to criticize this argument by hoping to show that it presupposes an untenable view about identity of persons. (shrink)

Desert plays a central role in most contemporary theories of retributive justice, but little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. I consider several popular arguments against the use of desert in distributive justice, and argue that none of them can be used to justify the asymmetry.

This article explores, comparatively and critically, Sidgwick’s and Rawls’s reasons for rejecting desert as a principle of distributive justice. Their ethical methods, though not identical, each re...

This article reconstructs and reflects on the 1989 debate between Jerry Cohen and myself on market socialism in the light of Cohen's ongoing defence of communitarian socialism. It presents Cohen's view of market socialism as ethically deficient but a modest improvement on capitalism, and outlines some market socialist proposals from the 1980s. Our debate centred on the issues of distributive justice and community. I had argued that a market economy might be justified by appeal to desert based on productive contribution, (...) but Cohen saw effort as the only relevant desert base, and claimed that only non-comparative judgements of economic desert were possible. Market-derived inequalities, therefore, could not be deserved. He also condemned markets for relying on the motives of greed and fear, and therefore as destructive of community. In reply, I asserted that markets also liberated people from fixed social roles, and that market competition could be viewed differently, as providing the most effective way for people to contribute to each other's welfare. In retrospect, this debate can be seen to raise questions about the nature of justice and the purpose of political philosophy that have come to the fore in recent exchanges between ‘realists’ and ‘idealists’. (shrink)

This article carves out a new path between the two dominant wings of contemporary egalitarianism. The luck egalitarian emphasis on choice and personal responsibility is misplaced because individuals differ so deeply, and arbitrarily, in their choice-making capacities. Allowing inequalities to result from ‘choice’ is akin to allowing inequalities to stem from the possession of any other morally arbitrary factor – such as skin colour or gender. The move towards relational egalitarianism has been a case of two-steps forward, one-step back. While (...) the shift away from the focus on choice is salutary, the concurrent rejection of luck is problematic, given the prevalence and importance of luck-based discrepancies in opportunities to lead a good life. A new conceptual framework is presented: good life egalitarianism. The guiding idea is that given the unavoidable arbitrariness of human capacities, the foundation for a good life should be assured for people regardless of the actual choices that they make. The essential goods necessary for leading a good life – such as the opportunities to self-determine and to enjoy non-dominating social relationships – should be guaranteed to all. (shrink)

For many, the idea that people should be rewarded in proportion to what they deserve is the very essence of distributive justice. However, while the notion of moral desert is otherwise widely accepted, Rawls rejects it entirely in his A Theory of Justice. Many authors have argued that Rawls’s claims about desert have serious and unappealing consequences for his conception of justice as fairness, and also that they deny the possibility of autonomous choice to the very agents whose decisions are (...) supposed to underlie Rawls’s approach to justice. In this paper, I analyze the arguments of those who believe that Rawls can be interpreted in a way that doesn’t in fact deny either desert or the possibility of autonomous action. I conclude by allowing for the interpretation that Rawls does not necessarily deny autonomous action, but I contend that he nevertheless finds the idea of preinstitutional desert entirely off the mark. (shrink)

Retributive approaches to the justification of legal punishment are often thought to place exacting and unattractive demands on state officials, requiring them to expend scarce public resources on apprehending and punishing all offenders strictly in accordance with their criminal ill deserts. Against this caricature of the theory, I argue that retributivists can urge parsimony in the use of punishment. After clarifying what parsimony consists in, I show how retributivists can urge reductions in the use of punishment in order to conserve (...) scarce resources for other valuable social purposes, minimize the foreseeable and adverse effects of legal punishment on the innocent, and accommodate the fact that existing societies fail in numerous ways to satisfy the conditions that make retributive punishment fully justified. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (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)

_ Source: _Page Count 20 What is the relationship between justice and moral permissibility? If an action constitutes an injustice, does that decisively rule it out, morally speaking, or merely count heavily against it? This paper argues that although the injustice of an action counts heavily against performing it, this effect can sometimes be overridden by consequentialist concerns. This suggests that injustice does not conclusively rule out actions that generate it, which in turn suggests that an approach to justice that (...) conceives of it as an object of intrinsic moral value more accurately reflects the behavior of justice than do more traditional deontological approaches. (shrink)

Is it possible to do a good thing, or to make the world a better place? Some argue that it is not possible, because perspective‐neutral value does not exist. Some argue that ‘good’ does not play the right grammatical role; or that all good things are good ‘in a way’; or that goodness is inherently perspective‐dependent. I argue that the logical and semantic properties of ‘good’ are what we should expect of an evaluative predicate; that the many ways of being (...) good don't threaten the thesis that some ways are perspective‐independent; and that there are clear examples of perspective‐independent goodness. (shrink)

This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views (...) struggle, however, to provide a plausible account of this unfairly gained benefit. By contrast, on my account punishment 's permissibility follows more straightforwardly from the fair play view of political obligation: Specifically, the rule instituting punishment is itself among those rules with which members of the political community are obliged to comply. For criminal offenders, compliance requires submitting to the prospect of punishment. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

This paper makes the case for the permissibility of post-conflict amnesties, although not on prudential grounds. It argues that amnesties of a certain scope, targeted to certain categories of perpetrators, and offered in certain contexts are morally permissible because they are an acknowledgment of the difficulty of attributing criminal responsibility in mass violence contexts. Based on this idea, the paper develops the further claim that deciding which amnesties are permissible and which ones are not should be decided on a case-by-case (...) basis. Against what seems to be an increasingly popular assumption of some international actors, just as "blanket" amnesties are impermissible, so is an absolutist rejection of all types of amnesties. (shrink)

This article argues that the price obtainable in an open market provides the best standard for determining the justice or injustice of the price of a product. The article argues that this standard, which is closely related to positions which have been held for hundreds of years, is superior to several alternative conceptions of the just price that have been put forward in recent years and is not subject to fundamental criticisms which can be addressed to them. The article also (...) shows how this standard is grounded in more fundamental principles of justice such as desert and equality. (shrink)

The aim of the paper is to investigate how retributivists should respond to the apparent tension between moral desert and proportionality in punishment. I argue that rather than attempting to show that the term ‘proportionate punishment’ refers to whatever penal treatment the offender morally deserves, retributivists should maintain two things: first, that a punishment is proportionate when it is commensurate to the seriousness of the crime; second, that offenders morally deserve proportionate punishments. This view requires adopting a local theory of (...) desert as opposed to a holistic one. In the second part of the paper, I argue that there are indeed good reasons to adopt a local theory of desert. Once retributivism is seen through the lens of local desert, there is no obvious mistake in saying that offenders morally deserve punishments that are proportionate to the seriousness of their crimes. (shrink)

In this paper, I defend fairness-based retributivism against two important objections, the no-benefit objection and the social injustice objection. I argue that the theory can defeat the no-benefit objection by developing an account of how crimes can be sources of unfairness by inflicting losses on people, and that it can blunt the social injustice objection by toning down the theory’s distributive aspirations. I conclude that fairness-based retributivism, contrary to received wisdom, merits further attention from legal and political philosophers.

One prominent contemporary retributivist theory is built on the notion that crime yields an “unfair advantage” over law-abiding citizens which punishment removes or nullifies. Michael Davis has defended this theory by constructing a market model of “unfair advantage” that he contends answers critics' objections to the retributivist enterprise. I seek to demonstrate the inadequacy of Davis's approach, arguing in particular that the market model rests on an incoherent notion of “demand” and would not, even if coherent, link “unfair advantage” to (...) the seriousness of crimes in any acceptable fashion. The salience of traditional objections to retributivism is thus unaffected by Davis's theory. (shrink)

This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...) decades in philosophy’s graveyard and some new ones (such as the fairness theory). Only in the last decade or so have new vares o “consequentialism” appeared to dilute a debate among philosophers that had become almost entirely about “retributivism”. I shall describe this trend in more detail. The description will be less an update of my 1990 survey than a rethinking of it. The conclusion I draw from this rethinking is that we need to drop the utilitarian–retributivist (and nonconsequentialist–nonconsequentialist) distinction in favor of one sorting punishment theories according to whether they rely in part on empirical considerations (externalist theories) or instead rely (almost) entirely on conceptual relations (internalist theories). (shrink)

This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment ; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta- cooperative practice—a conception that falls somewhere between contractual and communitarian (...) conceptions—and draw on this account to show how the theory can overcome the objections. (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

Notwithstanding an ongoing concern about the low representation of certain groups in higher education, there is reluctance on the part of politicians and policy makers to adopt positive discrimination as an appropriate means of widening participation. This article offers an account of the different objections to positive discrimination and, thereafter, clarifies and criticises the view that universities ought to select those applicants who are expected to be most successful as students. It distinguishes arguments from meritocracy, desert, respect, and productivity and (...) shows how these arguments are compatible with the use of positive discrimination in higher education. (shrink)

Envy and resentment are generally thought to be unpleasant and unethical emotions which ought to be condemned. I argue that both envy and resentment, in some important forms, are moral emotions connected with concern for justice, understood in terms of desert and entitlement. They enable us to recognise injustice, work as a spur to acting against it and connect us to others. Thus, we should accept these emotions as part of the ethical life.

While there exist extensive literatures on both distributive justice and senior executive pay, and a number of authors (notably the French economist Thomas Piketty) have addressed the implications of high pay for distributive justice, the existing literature fails to address what senior executives themselves think about distributive justice and whether they consider high income inequalities to be morally acceptable. We address this gap by analysing a unique dataset comprising the views of over 1000 senior executives from across the world, which (...) was constructed using a survey instrument designed by the authors based on a thought experiment resembling John Rawls’s original position. We report four main findings. First, executives conceptualise distributive justice in a pluralistic manner, endorsing different and sometimes apparently conflicting philosophical principles: to explain how this plurality can be accounted for we propose a novel field-theory framework for conceptualising beliefs about distributive justice. Second, executives support similar philosophical approaches at both society and company levels of analysis, thus countering the idea that companies should leave matters of distributive justice exclusively for governments to deal with via the tax system. Third, executives believe that they live in societies and work for companies that fall short of desirable distributive justice outcomes. Fourth, the distributive justice views of the executives in our sample fall into four distinct clusters that are correlated with certain socio-demographic markers. Finally, we note the distinction between distributive justice beliefs and behaviours, from which we derive a number of managerial and public policy implications. (shrink)

Many philosophers believe that luck egalitarianism captures “desert-like” intuitions about justice. Some even think that luck egalitariansm distributes goods in accordance with desert. In this paper, we argue that this is wrong. Desertism conflicts with luck egalitarianism in three important contexts, and, in these contexts, desertism renders the proper moral judgment. First, compared to desertism, luck egalitarianism is sometimes too stingy: it fails to justly compensate people for their socially valuable contributions—when those contributions arose from “option luck”. Second, luck egalitarianism (...) is sometimes too restrictive: it fails to justly compensate people who make a social contribution when that contribution arose from “brute luck”. Third, luck egalitarianism is too limited in scope: it cannot diagnose economic injustice arising independently of comparative levels of justice. The lesson of this paper is that luck egalitarians should consider supplementing their theory with desert considerations. Or, even better, consider desertism as a superior alternative to their theory. (shrink)

In the January 6, 1991, issue of theWashington Post Magazine, reporter Walt Harrington wrote a profile of Bryan Stevenson. Mr. Stevenson is a 31-year-old working-class African-American from Delaware who graduated from Harvard Law School and the Kennedy School of Government. Like the typical graduate of Harvard Law School, Mr. Stevenson had the opportunity to join the worlds of six-figure corporate law or high-visibility politics. Rather than follow his colleagues, however, Mr. Stevenson works seven-day, eighty-hour weeks as director of the Alabama (...) Capital Representation Center. He appeals death sentences, handling twenty-four death-row cases himself, supervises five other lawyers who cover about thirty cases, and raises federal government and foundation funding. He does this living a Spartan existence on a salary of $24,000, refusing even the $50,000 directorship salary offered to him. (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

This paper examines the concepts of desert and luck, familiar in political theory but neglected by sociologists. I argue that the idea of desert is composed of both personal performance and the degree of responsibility a person has over that performance. Distribution ought to be in accordance with the indebtedness created by the person's performance. This can be compromised by luck; that is, personal desert is undermined where lack of performance scuttles the applicability of the contributory model. This paper examines (...) recent work, focusing on establishing desert criteria for each person's ends and life‐plans, and a formula for distribution according to personal welfare. (shrink)

The paper argues that promise rights presuppose independently existing (if not pre-existing) claims. The argument relies on the Bifurcation Thesis, according to which all claims, and all rights, can be exhaustively divided into two categories: capacity based and exercise based.

The article argues that the possibility of an unlimited gap in income and wealth between the top and bottom segments of society is incompatible with a democratic commitment to political equality. T...

This paper examines the practice of using predictive systems to lengthen the prison sentences of convicted persons when the systems forecast a higher likelihood of re-offense or re-arrest. There has been much critical discussion of technologies used for sentencing, including questions of bias and opacity. However, there hasn’t been a discussion of whether this use of predictive systems makes sense in the first place. We argue that it does not by showing that there is no plausible theory of punishment that (...) supports it. (shrink)

I consider what prima facie attractive communitarian ethical perspectives salient among indigenous African peoples entail for distributive justice within a state, and I argue that they support a form of economic egalitarianism that differs in several important ways from varieties common in contemporary Anglo-American political philosophy. In particular, the sort of economic egalitarianism I advance rivals not only luck-oriented variants from the likes of Ronald Dworkin, G. A. Cohen and theorists inspired by them such as Richard Arneson, Carl Knight and (...) Nir Eyal, but also more ‘social’ kinds advocated by Elizabeth Anderson, Samuel Scheffler and Jonathan Wolff. Although I do not argue that these broadly Kantian egalitarianisms are less plausible than the Afro-communitarian version, I do aim to establish that it should be taken as seriously as they, at this stage of the debate. (shrink)