Online research in philosophy

Why is it that we think today so very differently about distributive and retributive justice? Why is the notion of desert so neglected in our thinking about distributive justice, while it remains fundamental in almost every account of retributive justice? I wish to take up this relatively neglected issue, and put forth two proposals of my own, based upon the way control functions in the two spheres.

Desert appears to be in ascendence as a distributive principle for criminal liability and punishment but there is confusion as to whether it is a deontological or an empirical conception of desert that is or should be promoted. Each offers a distinct advantage over the other. Deontological desert can transcend community, situation, and time to give a conception of justice that can be relied upon to reveal errors in popular notions of justice. On the other hand, empirical desert can be more easily operationalized than can deontological desert because, contrary to common wisdom, there is a good deal of agreement as to its meaning. But empirical desert fails to provide the transcendent foundation that deontological desert can provide; empirical desert can tell only us what people believe is just not what actually is just.What role do moral philosophers play in the competition between deontological and empirical desert? One might assume them to be on the deontological side, facing the research social psychologists who are mapping shared intuitions of justice for empirical desert. But the situation is more complex. Moral philosophy has come to rely heavily upon intuitions of justice in its analytic methods, which both helps and hurts its usefulness. The moral philosophy literature today is the richest available source of intuitions of justice, which any serious research scientist ought to use as a starting point in mapping intuitions. But moral philosophers' reliance on intuitions can undermine their ability to produce a deontological conception of desert that transcends the popular view and that can be relied upon to tell us when shared intuitions of justice are wrong.Available for download at http://ssrn.com/abstract=933692.

Some writers think that John Rawls rejects desert as a distributive criterion because he thinks that people are not capable of deserving anything. I argue that Rawls does not think this, and that he rejects desert because he thinks that we cannot tell what people deserve. I then offer a criticism of Rawls's rejection of desert based on its correct interpretation.

The concept of desert, which once enjoyed a central place in political and ethical theory, has been relegated to the margins of much of contemporary theory, if not excluded altogether. Recently a renewed interest in the topic has emerged, and several philosophers have argued that the notion merits a more central place in political and ethical theory. Some of these philosophers contend that justice exists to the extent that people receive exactly what they deserve, while others argue that desert should replace such considerations as rights, need, and equality as the basis for distributions. Still others argue that morality involves a fitting match between one's moral character and a degree of happiness. All of these positions have encountered opposition from egalitarians, libertarians, and those who are skeptical about the coherence of the concept of desert. The first anthology of its kind, What Do We Deserve? is a balanced collection of readings that brings sharply opposing positions and arguments together and stimulates debate over the meaning and significance of desert in current thought. The book begins with eight classical readings on desert (by Plato, Aristotle, Hobbes, Smith, Kant, Mill, Sidgwick, and Ross), and later turns to contemporary interpretations of the issue. The selections examine the concept itself, analyze its relationship to the ideas of freedom and responsibility, engage in the debate between John Rawls and his critics on the merits of desert, and, finally, study the wider role and significance of desert in political and ethical theory.

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.

Does justice require, at least in part, that people get what they deserve? The question is whether ideals of desert play a substantial and nonderivative role in establishing the content of social justice principles. Of course, even if the correct answer to this question were negative, once one has determined the requirements of justice independently of substantive considerations of desert, one could always add that the treatment of individuals that justice demands is to be identified with the treatment that they deserve. However, on this way of proceeding, ideals of desert do no real work and could be dropped from the account without any loss. This first question resonates with a second one. Should egalitarian justice resist or accommodate the idea that desert considerations should be incorporated into the formulation of principles of justice at the ground floor level? Are desert and equality comrades marching together or sworn enemies or what? Egalitarian justice here shall be understood as principles that hold that if we are dealing with a fixed population and choosing social arrangements that will not affect the aggregate total of well-being but may affect its distribution across persons, arrangements that would bring about an equal distribution of well-being, if that is obtainable, should be chosen.¹ The class of..

This book argues that moral desert should be excluded as a consideration in normative and applied ethics, as it is likely that no-one ever morally deserves anything for their actions and, if they do, it is in most cases impossible to know what. I also explain how moral deliberation in relation to punishment, distributive justice and personal morality can proceed without appeals to moral desert.

We cannot conclude from the assumptions that justice is a virtue and desert is an ingredient in justice that desert claims themselves express a virtue. It could be that desert is morally neutral, or even immoral, and that there are other aspects of justice which make it all-in-all virtuous. We need, in other words, an independent moral justification of desert and desert-based emotions. In this paper I take on the challenge of articulating and defending a utilitarian justification of desert in distributive justice. I argue, first, that while there may be ways of accommodating desert-concerns in liberal theory, this cannot, in the view of liberals themselves, be done without considerable cost to the ideals that are closest to their hearts. By contrast, I suggest that a deceptively simple utilitarian (Millian) defence of desert can be made to work. Finally, I attempt to surmount various possible objections that might be raised against my utilitarian justification and conclude that none of them confutes it.

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.