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)

Higher courts sometimes assess the constitutionality of law by working through a concrete case, other times by reasoning about the underlying question in a more abstract way. Prior research has found that the degree of concreteness or abstraction with which an issue is formulated can influence people's prescriptive views: For instance, people often endorse punishment for concrete misdeeds that they would oppose if the circumstances were described abstractly. We sought to understand whether the so-called ‘abstract/concrete paradox’ also jeopardizes the consistency (...) of judicial reasoning. In a series of experiments, both lay and professional judges sometimes reached opposite conclusions when reasoning about concrete cases versus the underlying issues formulated in abstract terms. This effect emerged whether participants reasoned with broad principles, such as human dignity, or narrow rules, and was largest among individuals high in trait empathy. Finally, to understand whether people reflectively endorse the discrepancy between abstract and concrete resolutions, we examined their reactions when evaluating both, either simultaneously or sequentially. These approaches revealed no single pattern across lay and expert populations, or exploratory and confirmatory studies. Taken together, our studies suggest that empathic concern plays a greater role in guiding the judicial resolution of concrete cases than in illuminating judges' professed standards—which may result in concrete decisions in violation of their own abstract principles. (shrink)

Joseph Heath makes a strong case that the principles of fairness or desert that arise in social interactions have at best a loose connection to economic outcomes in decentralized markets. However, there is evidence that when people are given the opportunity—say, in collective bargaining situations—they will try to alter these market outcomes in favor of their own perceptions of justice, fairness, or desert. Taxation is an important domain in which the public can alter market outcomes. This paper explores to what (...) extent desert can be used as a principle of tax policy. It analyzes tax policies that can be used to implement both individualized and categorical assessments of desert. I argue that there might be some room for tax policy at the broad, categorical level. Finally, using the Tax Cut and Jobs Act of 2017 as a case study, I explore whether merit or other bases for desert were embedded in the recent legislation. While there was evidence of attempts to implement ideas based on principles of deservingness in the legislation, they were not of the type necessary to sustain a merit-based society. (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)

During the last decade, scholarly criticism of sweatshops has grown increasingly sophisticated. This article reviews the new moral and economic foundations of these criticisms and argues that they are flawed. It seeks to advance the debate over sweatshops by noting the extent to which the case for sweatshops does, and does not, depend on the existence of competitive markets. It attempts to more carefully distinguish between different ways in which various parties might seek to modify sweatshop behavior, and to point (...) out that there is more room for consensus regarding some of these methods than has previously been recognized. It addresses the question of when sweatshops are justified in violating local labor laws. And it assesses the relevance of recent literature on coercion and exploitation as it applies to sweatshop labor. It concludes with a list of challenges that critics of sweatshops must meet to productively advance the debate. (shrink)

In recent years an increasing number of political philosophers have begun to ground their arguments in empirical evidence. I investigate this novel approach by way of example. The object of my case study is David Miller’s renewed empirical argument for a needs-based principle of justice. First, I introduce Miller’s argument. Then I raise four worries about the application of his methodology that give rise to corresponding general recommendations for how to do empirical political philosophy. Proponents of this approach should take (...) care to (1) check for inappropriately narrow (and broad) samples, (2) verify studies’ relevance for their empirical hypotheses, (3) adjust their confidence to the available empirical evidence, and (4) properly integrate their hypotheses into their philosophical theorizing. (shrink)

I argue that a theory of distributive justice is sensitive to desert if and only if it does not require an institutional scheme that prevents individuals from treating one another as they deserve, and requires a desert ethos. A desert ethos is a set of principles that, though not embodied in a society’s basic coercive structure, nevertheless governs interpersonal relations between citizens. These two necessary conditions are jointly sufficient for ‘giving desert its due’ in a theory of justice. I therefore (...) reject the received view that a desert-sensitive theory must endeavor to guarantee distributions patterned according to desert. (shrink)

Cílem článku je prozkoumat otázku po epistemickém statusu morálních intuic. Empirické výzkumy na poli morální psychologie ukazují, že intuice hojně využíváme při morálním hodnocení. Spoléháme se na ně však i jako morální filosofové při testování našich teorií – má-li některá normativní teorie proti-intuitivní důsledky, chápeme to jako její vadu a vice versa. V článku se snažím zodpovědět otázku, zda je taková praxe odvolávání se na morální intuice jako na evidenci ospravedlnitelná – je morální intuice spolehlivým epistemickým kanálem? Nejprve se budu (...) opírat o příbuznou debatu zaměřenou na epistemické intuice, představím tzv. restrikcionistickou výzvu a vysvětlím, z jakého důvodu se zaměřuji na morální intuice. V následující sekci předložím dle mého názoru nejsilnější linii útoku na epistemickou spolehlivost morálních intuic – argument z intuitivní nestability. Dříve jsme nevycházeli z úžasu nad zprávami o masivních rozdílech mezi námi Zápaďany a obyvateli exotických krajin, kterými nás ze svých terénních výzkumů zásobovali etnografové a antropologové. Dnes to jsou především morální psychologové a experimentální filosofové, kteří nás udivují ještě více odhalováním značné variability v intuicích – tentokrát však nejen mezi civilizovanými a domorodými lidmi, nýbrž i v srdci naší vlastní kultury. V další části tak předložím jednoduchou typologii intuitivní nestability a představím v současnosti již značně rozsáhlý soubor dat, který dokumentuje právě tuto neblahou vlastnost morálních intuic. Na jejich základě pak ve finální sekci dospěji k závěru, že morální intuice nejsou schopné dostát epistemickým nárokům, které klademe na jiné informační zdroje (např. smyslové vnímání), a jako takové nemohou sehrávat svou domnělou evidenční roli. V úplném závěru předložím předběžné poznámky týkající se možnosti využívat morálních intuic spíše jako zdroje motivace a za tím účelem navrhnu obrátit filosofickou praxi testování normativních teorií naruby. (shrink)

What does global justice or charity requires us to give to other people? There is a large theoretical literature on this question. There is much less experimental work in political philosophy relevant to answering it. Perhaps for this reason, this literature has yet to have any major impact on theoretical discussions of global justice or charity. There is, however, some experimental research in behavioral economics that has helped to shape the field and a few relevant studies by political philosophers. This (...) paper reviews this research. Moreover, it argues that the little work that has been done can offer some methodological lessons to empirically engaged philosophers of many kinds. Finally, it suggests that there is reason for those interested in global ethics and charitable giving to consider doing new kinds of experimental and other empirical work in addition to traditional experimental philosophy. (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)

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

In a brief section of The Theory of Moral Sentiments that has often been overlooked, we find a fascinating discussion of the phenomenon of moral luck. This article argues that Adam Smith’s discussion is important for two reasons: first, for what it tells us about the role our psychology, including some of its more ‘irregular’ features, plays in allowing us to reap the benefits of social cooperation and, second, for the novel solution it suggests to the problem of moral luck.

This paper seeks to identify a mid-level unifying ethical principle that may help clarify and articulate the ethical responsibilities of business firms in the field of marketing ethics. The paper examines critically the main principles which have been proposed to date in the literature, namely consumer sovereignty, preserving the conditions of an acceptable exchange, paternalism, and the perfect competition ideal, and concludes that all of them are vulnerable to damaging criticisms. The paper articulates and defends the mutuality principle as the (...) most plausible candidate for the role of master principle in the relations between a firm and its customers. This principle requires that sellers look for reciprocity in their relations with their customers, seeking to provide to their customers something that helps them improve in some way their well-being and is commensurate with what they receive from them. (shrink)

Williams (1970) argues that our intuitions about personal identity vary depending on how a given thought experiment is framed. Some frames lead us to think that persistence of self requires persistence of one's psychological characteristics; other frames lead us to think that the self persists even after the loss of one's distinctive psychological characteristics. The current paper takes an empirical approach to these issues. We find that framing does affect whether or not people judge that persistence of psychological characteristics is (...) required for persistence of self. Open-ended, abstract questions about what is required for survival tend to elicit responses that appeal to the importance of psychological characteristics. This emphasis on psychological characteristics is largely preserved even when participants are exposed to a concrete case that yields conflicting intuitions over whether memory must be preserved in order for a person to persist. Insofar as our philosophical theory of personal identity should be based on our intuitions, the results provide some support for the view that psychological characteristics really are critical for persistence of self. (shrink)

The epistemology of intuitions has become popular recently with philosophers’ increasing use of experimental methods to study intuitions. Philosophers have focused on the reliability of intuitions, as empirical studies seem to suggest that conflicting intuitions are common. One set of studies, concerning what Sinnott-Armstrong calls the abstract/concrete paradox, suggests that conflicting intuitions are common and, hence, that mistaken intuitions are common. As Goldman notes, if mistaken intuitions are sufficiently prevalent, then we might have reason to think intuitions are unreliable. I (...) argue that mistaken intuitions are not common, since studies concerning the abstract/concrete paradox have unknowingly studied several distinct phenomena instead of the abstract/concrete paradox and, hence, that they present merely apparently conflicting intuitions. I then discuss the import of empirical studies for debates about reliability, noting that those studies can inform us about the unreliability of intuitions but we are still unclear about the conditions for reliability. (shrink)