Desert for Wrongdoing

The Journal of Ethics 20 (1-3):149-171 (2016)
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Abstract

Much government and personal conduct is premised on the idea that a person made thereby to suffer deserves that suffering thanks to prior wrongdoing by him. Further, it often appears that one kind of suffering is more deserved than another and, in light of that, conduct inflicting the first is superior, or closer to being justified than conduct inflicting the second. Yet desert is mysterious. It is far from obvious what, exactly, it is. This paper offers and argues for a theory of comparative desert. It offers an account of the conditions under which one harm is more deserved for past wrongdoing than another. The theory offered here can be stated, roughly, like so: One harm is more deserved for a wrongful act than another if, in light of it more than the other, the act is supported by reasons for the agent in a way similar to the way it ought to have been supported by reasons for him. The central task of the paper is to explain, elaborate and offer an argument for this theory. The paper also shows that, under the theory, differences in culpability—as between, for instance, intentionally rather than knowingly bringing about a harm—make a difference to desert. And the paper shows that under the proposed theory it is easier for the state to justify inflicting a punishment that is more deserved than it is to justify inflicting a punishment that is less deserved.

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Author's Profile

Gideon Yaffe
Yale University

Citations of this work

Why punitive intent matters.Nathan Hanna - 2021 - Analysis 81 (3):426-435.

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References found in this work

Philosophical explanations.Robert Nozick - 1981 - Cambridge, Mass.: Harvard University Press.
Moral dimensions: permissibility, meaning, blame.Thomas Scanlon - 2008 - Cambridge, Mass.: Belknap Press of Harvard University Press.
Internal and External Reasons.Bernard Williams - 1979 - In Ross Harrison (ed.), Rational action: studies in philosophy and social science. New York: Cambridge University Press. pp. 101-113.
Finkish dispositions.David Kellogg Lewis - 1997 - Philosophical Quarterly 47 (187):143-158.
Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.

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