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Stephen Kershnar
Fredonia State University
  1.  41
    For Ownership Theory: A Response to Nicholas Dixon.Stephen Kershnar - 2018 - Sport, Ethics and Philosophy 12 (2):226-235.
    In an earlier paper, Stephen Kershnar argued for the following thesis: An instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. One person trash-talks a second if and only if the first intentionally insults the second during competition. The above theory sounds implausible. Surely, the conditions under which a player may insult another do not depend on what the owners arbitrarily decide. Such an approach doesn’t appear to be true in (...)
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  2.  47
    The Moral Rules of Trash Talking: Morality and Ownership.Stephen Kershnar - 2015 - Sport, Ethics and Philosophy 9 (3):303-323.
    This paper argues that an instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. The argument for this position rests on the notion that if there is no relevant side-constraint on trash-talking, then if the player commits to a moral boundary on trash-talking then that is the moral boundary on trash-talking. I then argued that there is no relevant side-constraint on trash-talking and that the players commit to the ownership theory (...)
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  3.  38
    Rights and Consent in Mixed Martial Arts.Stephen Kershnar & Robert Kelly - 2019 - Journal of the Philosophy of Sport 47 (1):105-120.
    MMA fighting in a competition is not necessarily wrong and is often, as far as we can tell, permissible. Our argument has two premises. First, if an act does not infringe on anyone’s moral right or violate another side-constraint, then it is morally permissible. Second, MMA-violence does not infringe on anyone’s moral right or violate another side-constraint. The first premise rested on two assumptions. First, if a person does a wrong act, then he wrongs someone. Second, if one person wrongs (...)
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  4.  97
    A Defense of Retributivism.Stephen Kershnar - 2000 - International Journal of Applied Philosophy 14 (1):97-117.
    The moral theory justifying punishment will shape the debate over numerous controversial issues such as the moral permissibility of the death penalty, probation, parole, and plea bargaining, as well as issues about conditions in prison and access to educational opportunities in prison. In this essay I argue that the primary goal of the criminal justice system is to inflict suffering on, and only on, those who deserve it. If I am correct, the answer to issues involving the criminal justice system (...)
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  5.  37
    Total Collapse: The Case Against Responsibility and Morality.Stephen Kershnar - 2018 - Springer Verlag.
    Moral responsibility and morality lie at the heart of how we view the world. In our daily life, we feel responsibility-related emotions: gratitude, pride, love, forgiveness, resentment, indignation, and shame. We love those who freely and reciprocally love us. Also, we feel that people act rightly or wrongly, make the world better or worse, and are virtuous or vicious. These policies are central to our justifying how we see the world and treat others. In this book, I argue that our (...)
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  6. A Liberal Argument for Slavery.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (4):510–536.
    The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s consent (...)
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  7.  84
    Why Equal Opportunity is Not a Valuable Goal.Stephen Kershnar - 2004 - Journal of Applied Philosophy 21 (2):159–172.
    In this paper, I provide an analysis of equal opportunity. I argue that equal opportunity occurs where two or more persons with equal natural abilities and willingness to work hard have chances at various jobs that are in the aggregate of equal value. I then argue that equal opportunity is neither valuable nor something that the government ought to pursue. First, it is not clear why we should value opportunities rather than outcomes. Second, the value of equal opportunity rests on (...)
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  8. The Inheritance-Based Claim to Reparations.Stephen Kershnar - 2002 - Legal Theory 8 (2):243-267.
    Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...)
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  9.  48
    Moral Responsibility and Foundationalism.Stephen Kershnar - 2015 - Philosophia 43 (2):381-402.
    If an individual is morally responsible, then there is a responsibility-foundation that makes him morally responsible, but there is no responsibility-foundation that makes him responsible. This rested on the notion that if there were a responsibility-foundation, it would be either an ungrounded choice or an ungrounded character state and that neither can serve as the foundation. The paper then considered three types of objections. First, moral responsibility does not require a responsibility-foundation. Second, a character state can serve as the foundation. (...)
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  10.  22
    Explaining the Geometry of Desert.Neil Feit & Stephen Kershnar - 2004 - Public Affairs Quarterly 18 (4):273-298.
    In the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...)
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  11.  60
    The Moral Status of Sexual Fantasies.Stephen Kershnar - 2005 - Public Affairs Quarterly 19 (4):301-315.
    Sexual fantasy is a non-perceptual thought that is sexually arousing. It has several paradigmatic features. The structure of a fantasy involves an agent taking pleasure in an object that is often a visual depiction of an event. The fantasy is under the agent’s control and has a semantic content. Since mere sexual fantasizing about someone respects the individual who are depicted in the fantasy, the rightness of a sexual fantasy depends on whether consequentialism is true and, if so, whether the (...)
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  12. A Liberal Argument for Slavery.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (4):510-536.
    The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s consent (...)
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  13.  30
    Giving Capitalists Their Due.Stephen Kershnar - 2005 - Economics and Philosophy 21 (1):65-87.
    In general, capitalists deserve profits and losses for their contribution to the general welfare. Market imperfections and the range of permissible prices (at least within the boundaries of exploitation) prevent the alignment from being a direct one, but the connection generally holds. In the context of the market, this thesis preserves the central place of moral responsibility in moral desert. It also satisfies the fittingness and proportionality conditions of moral desert and provides a backward-looking and pre-institutional ground of it. In (...)
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  14.  90
    Are the Descendants of Slaves Owed Compensation for Slavery?Stephen Kershnar - 1999 - Journal of Applied Philosophy 16 (1):95–101.
    The compensatory‐justice justification of affirmative action requires a comparison of the actual world in which the injured person lives with a relevantly similar possible world in which this person lives but where the unjust injuring act never occurred, in order to identify the degree of harm brought about by the unjust injurious act. The problem is that some unjust injuring acts, particularly acts of slavery, led to intercourse and the later creation of the ancestors of many members of minority groups. (...)
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  15.  57
    The Structure of Rights Forfeiture in the Context of Culpable Wrongdoing.Stephen Kershnar - 2002 - Philosophia 29 (1-4):57-88.
    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 (...)
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  16.  21
    Forfeiture Theory and Symmetrical Attackers.Stephen Kershnar - 2017 - Criminal Justice Ethics 36 (2):224-245.
    In this paper, I defend the following thesis: The Problem of Symmetrical Attackers does not falsify forfeiture theory. The theory asserts that except in the case where violence is necessary to avoid a catastrophe, only those who forfeit their rights are liable for defensive violence. The problem focuses on the following sort of case. Symmetrical Attacker Case Al and Bob are doppelgangers. They both mistakenly but justifiably think that the other is about to attack him. They both respond with violence (...)
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  17. The Moral Status of Harmless Adult-Child Sex.Stephen Kershnar - 2001 - Public Affairs Quarterly 15 (2):111--132.
    Nonforcible adult-child sex is thought to be morally wrong in part because it is nonconsensual. In this paper, I argue against this notion. In particular, I reject accounts of the moral wrongfulness of adult-child sex that rest on the absence of consent, concerns about adult exploitation of children, and the existence of a morally primitive duty against such sex.
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  18.  66
    Explaining the Geometry of Desert.Neil Feit & Stephen Kershnar - 2004 - Public Affairs Quarterly 18:273.
    In the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...)
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  19.  78
    Pedophilia and Adult–Child Sex: A Philosophical Analysis.Stephen Kershnar - 2015 - Lexington Books.
    This book provides a philosophical analysis of adult-child sex and pedophilia. The sex intuitively strikes many people, including myself, as sick, disgusting, and wrong. The problem is that it is not clear whether these judgments are justified and whether they are aesthetic or moral. By analogy, many people find it disgusting to view images of obese people having sex, but it is hard to see what is morally undesirable about such sex. Here the judgment is aesthetic. This book looks at (...)
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  20. The Most Valuable Player.Stephen Kershnar & Neil Feit - 2001 - Journal of the Philosophy of Sport 28 (2):193-206.
    The most valuable player (MVP) of an athletic league is the single best individual player in the league. The MVP award is the institutional recognition of this person, and it is the highest annual award that a player can receive. Despite its widespread consideration and importance, we argue that the concept of the MVP is a fundamentally vague concept. In the context of professional sports, however, such a vague category is valuable in that it promotes the active discussion of different (...)
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  21.  32
    Private Property Rights and Autonomy.Stephen Kershnar - 2002 - Public Affairs Quarterly 16:231-258.
    A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard to an object, e.g., (...)
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  22. There Is No Moral Right to Immigrate to the United States.Stephen Kershnar - 2000 - Public Affairs Quarterly 14 (2):141-158.
    U.S. citizens have a right to exclude potential immigrants. This right rests in part on the threat immigration poses to change the character of the institutions to which the current citizens have consented and in part on the threat immigrants pose to the citizens' rights to collective property. This right is probably not opposed by a human right to immigrate since such a right cannot be supported by arguments from equality, fairness, legitimate state authority, or libertarianism.
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  23.  53
    Desert Tracks Character Alone.Stephen Kershnar - 2008 - International Journal of Applied Philosophy 22 (1):71-88.
    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 (...)
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  24. For Interrogational Torture.Stephen Kershnar - 2005 - International Journal of Applied Philosophy 19 (2):223-241.
    Interrogational torture is torture that is done in order to gain information. It is wrong if it either wrongs the person being interrogated or is a free-floating wrong. In the relevant cases, interrogational torture need not wrong the person being interrogated. This is because in many cases it doesn’t, and is known not to, infringe on the tortured person’s moral rights. It is not clear whether interrogational torture is a free-floating wrong since we lack confidence in judging whether it violates (...)
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  25. Is Violation Pornography Bad for Your Soul?Stephen Kershnar - 2004 - Journal of Social Philosophy 35 (3):349–366.
    Violation pornography is pornography where the depicted behavior includes unjust sexual acts, e.g., rape. In this paper I argue that it is unclear whether the enjoyment of violation pornography is bad for the viewer. My essay has three parts. First, I set out an account of flourishing. I adopt a composite account, whereby flourishing is a function of the degree to which an individual has pleasure and various objective-list elements. Objective-list elements are things (e.g., knowledge and meaningful relationships) that make (...)
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  26.  36
    The Justification of Deserved Punishment Via General Moral Principles.Stephen Kershnar - 1995 - Southern Journal of Philosophy 33 (4):461-484.
    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 (...)
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  27.  24
    Justice for the Past.Stephen Kershnar - 2004 - State University of New York Press.
    Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to hose persons who, through their abilities, will benefit most from them. Second, he argues that, (...)
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  28.  41
    Is Violation Pornography Bad for Your Soul?Stephen Kershnar - 2004 - Journal of Social Philosophy 35 (3):349-366.
    In this paper, I argue that many violent sexual fantasies are not vicious. In the first part of this article, I sketch out the nature of violent sexual fantasies and note that many people regularly have them. I then argue many violent sexual fantasies are not vicious. My argument strategy is to explore what makes an attitude vicious and then to note that the vice-making feature need not be present in such fantasies and is in fact probably not present in (...)
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  29.  61
    Assassination and the Immunity Theory.Stephen Kershnar - 2005 - Philosophia 33 (1-4):129-147.
    This paper argues for a policy of assassination. Foreign leaders causing unjust wars forfeit their rights against being killed. Killing them also satisfies the conditions on defensive violence that accompany forfeiture (consider, for example, imminence, necessity, and proportionality). Assassination sometimes maximizes the good. In some cases, then, assassination is right and good. A separate issue is whether it is good policy. To the extent that traditional just war theory disallows assassination, it should be revised or rejected.
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  30.  95
    Rape Fantasies and Virtue.Stephen Kershnar - 2008 - Public Affairs Quarterly 22 (3):253-268.
    In this paper, I argue that many violent sexual fantasies are not vicious. In the first part of this article, I sketch out the nature of violent sexual fantasies and note that many people regularly have them. I then argue many violent sexual fantasies are not vicious. My argument strategy is to explore what makes an attitude vicious and then to note that the vice-making feature need not be present in such fantasies and is in fact probably not present in (...)
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  31.  77
    A Complex Experiential Account of Pleasure.Stephen Kershnar - 2010 - Journal of Value Inquiry 44 (2):153-165.
    In this paper, I argue for the Complex Experiential Theory. It asserts that pleasure is a pro-attitude toward a de se experience. I argue that it is better than its competitors. In particular, it is better than monadic theories that view pleasure as a distinct type of experience or a pro-attitude in isolation. It is also better than other non-monadic theories. In particular, it is better than accounts that involve pro-attitudes and beliefs in states of affairs or propositions (or ones (...)
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  32.  20
    The Most-Valuable-Player Problem Remains Unsolved.Stephen Kershnar - 2011 - Journal of the Philosophy of Sport 38 (2):167-174.
    Stephen Kershnar’s model of the most valuable player fails. It does not track total value and this is what a team values, although perhaps the best model should focus on player-related value. In any case, the model does not succeed as a model of player-value because player-value is indeterminate. The indeterminacy results from boundary problems with the player-role and, perhaps also, indeterminacy in the baseline state. In addition, Kershnar’s framework is misguided because winning is not intrinsically valuable and is not (...)
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  33.  15
    Uncertain Damages to Racial Minorities and Strong Affirmative Action.Stephen Kershnar - 1999 - Public Affairs Quarterly 13 (1):83-98.
    We should adopt the following principle with regard to compensatory justice. (1) If an unjust act benefits an innocent person and there is no reasonable way to assess the amount of damages to the victim, then compensatory justice does not require that the innocent beneficiary pay compensation for those damages. We cannot reasonably assess the amount of damages to current racial minorities that have resulted from past discriminatory acts. Problems arise in determining the identity of the injured parties, the identity (...)
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  34.  2
    The Structure of Rights Forfeiture.Stephen Kershnar - 2002 - Philosophia 29 (1-4):57.
    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 (...)
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  35.  29
    Solving the Most Valuable Player Problem.Stephen Kershnar - 2008 - Journal of Social Philosophy 39 (1):141–159.
    In this essay, I argue for the claim that the MVP is the player who provides the greatest net benefit to his team. I then argued for the following model of a player’s net benefit to her team. (1) A person’s, X’s, net benefit to the team is a function of the difference in team success when X plays and when her actual or likely backup plays. I argued that this model best satisfies our intuitions, measures actual value rather than (...)
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  36. The Case Against Reparations.Stephen Kershnar - 2001 - Philosophy in the Contemporary World 8 (1):41-46.
    George Schedler raises interesting issues with regard to the amount of reparations owed for slavery, the parties who are owed reparations, and the standard for these reparations. His arguments, however, do not hold up upon analysis. His analysis of the case for the descendants of slaves being owed compensation seriously overestimates the case for such reparations. He does not identify the grounds for such compensation, i.e., either stolen inheritance or the descendants’ trustee-like control over the slave’s estate, and this results (...)
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  37.  64
    Immigrants and Welfare.Stephen Kershnar - 2002 - Public Affairs Quarterly 16:39-61.
    A contract in which the potential immigrants to the U.S. waive their right to non-emergency welfare benefits in return for their being allowed to come to the U.S. is not unjust. This is because the right to allow persons to immigrate in return for their waiving any future claim on non-emergency welfare benefits is included in other moral rights that the U.S. has. Nor is the transaction exploitative since it is beneficial to the average immigrant and since he gains a (...)
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  38.  52
    Respect for Persons and the Harsh Punishment of Criminals.Stephen Kershnar - 2004 - International Journal of Applied Philosophy 18 (1):103-121.
    In this paper, I explore whether harsh treatment fails to respect the criminal as a person. I focus on the most extreme treatment because if such treatment can satisfy the duty to respect a criminal as a person then less extreme cases (e.g., incarceration, fines, shaming practices) can also do so. I begin by filling out the notion of a duty to respect a person. Here I set out an account of autonomy and then show that it grounds the duty (...)
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  39.  67
    The Duty to Hire the Most Qualified Applicant.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (2):267–284.
    The most qualified applicant is the one who has the propensity to maximally satisfy the employer’s preferences. An applicant’s propensity is a function of her willingness to work hard together with the relevant capacity or potentiality to do the tasks constituting a job. Given this account of the most qualified applicant, there is only a weak duty, if any, to hire persons based on their being the most qualified. Such a duty is not justified by reference to rights, desert, fairness, (...)
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  40.  22
    Strong Affirmative Action Programs at State Educational Institutions Cannot Be Justified Via Compensatory Justice.Stephen Kershnar - 1997 - Public Affairs Quarterly 11 (4):345-363.
    In the context of state educational institutions, young white males are owed a duty to respect their interest or desert tokens. Not all white males have waived this duty since many white males have not performed the relevant types of culpable wrongdoing. Merely having benefitted from an unjust injury act or being a member of a community that owe a debt of compensation to racial minorities and women are not sufficient grounds to override the duty owed to the white male. (...)
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  41.  18
    Review of Carl Cohen, James P. Sterba, Affirmative Action and Racial Preference[REVIEW]Stephen Kershnar - 2004 - Notre Dame Philosophical Reviews 2004 (7).
    Carl Cohen’s and James Sterba’s debate is an impressive discussion of the legality and morality of various types of affirmative action and a must read for researchers in this field. These two issues bifurcate. The legality of preferential treatment consists of two different issues: Is preferential treatment Constitutional? Does preferential treatment violate laws other than the Constitution? The morality of preferential treatment also consists of two issues: Is preferential treatment right? Is it good? The discussion in this book is wide-ranging (...)
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  42.  1
    Reflexive Retributive Duties.Stephen Kershnar - 1997 - Jahrbuch Für Recht Und Ethik / Annual Review of Law and Ethics 5:497-516.
    The retributive duty is both held by and owed to the victim of a culpable wrongdoing. This reflexive account fits nicely with a Kantian emphasis on autonomy because the Kantian account allows us to explain how a person can have a duty to oneself. The reflexive account also fits nicely with, and is in part supported by, the notion that a culpable wrongdoer forfeits some of his rights . The waivability of the retributive duty in part explains why it is (...)
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  43.  11
    Symposium on Punishment.Whitley Kaufman, At Nuyen & Stephen Kershnar - 2008 - International Journal of Applied Philosophy 22 (1):37-57.
    In the middle of the twentieth century, many philosophers came to believe that the problem of morally justifying punishment had finally been solved. Defended most famously by Hart and Rawls, the so-called “Mixed Theory” of punishment claimed that justifying punishment required recognizing that the utilitarian and retributive theories were in fact answers to two different questions: utilitarianism answered the question of why we have punishment as an institution, while retribution answered the question of how to punish individual wrongdoers. We could (...)
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  44.  34
    A New Argument for the Irrelevance of Equality for Intrinsic Value.Stephen Kershnar & Duncan Purves - 2017 - Philosophia 45 (1):277-297.
    This paper introduces a novel approach to evaluating theories of the good. It proposes evaluating these theories on the basis of their compatibility with the most plausible ways of calculating overall intrinsic value of a world. The paper evaluates the plausibility of egalitarianism using this approach, arguing that egalitarianism runs afoul of the more plausible ways of calculating the overall intrinsic value of a world. Egalitarianism conflicts with the general motivation for totalism and critical-level totalism, which is that independent contributions (...)
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  45.  14
    A Promissory Theory of the Duty to Tip.Stephen Kershnar - 2014 - Business and Society Review 119 (2):247-276.
    In this article, I argued that in contexts in which tipping is customary, there is a moral duty to tip or to explicitly tell the server that you will not be tipping. The evidence for this rests on anecdotes about people's mental states, and customers and server's intuitions about duties that would arise were a customer unable to tip his server. The promise is a speech act that is implicit in ordering food. The speech act must be matched by the (...)
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  46.  12
    A Unified Theory Of Intrinsic Value.Stephen Kershnar - 2007 - Reason Papers 29:19-40.
    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 (...)
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  47.  15
    Book Review: Retributivism Has a Past: Has It a Future?, Edited by Michael Tonry. [REVIEW]Stephen Kershnar - 2015 - Journal of Moral Philosophy 12 (1):112-115.
    Retributivism is the notion that punishment is justified because, and only because, the wrongdoer deserves it. Proportionality is central to retributivism. A proportional punishment is one in which the severity of a punishment is proportional to the seriousness of the offense (for example, its wrongness or harmfulness). Michael Tonry’s collection is must reading for punishments theorists. The articles are well-chosen and the reflections of theorists such as Andreas von Hirsch, R. A. Duff, and Douglas Husak who have shaped punishment theory (...)
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  48.  23
    Consequentialism and the Case of Symmetrical Attackers.Stephen Kershnar - 2019 - Utilitas 31 (4):395-413.
    There are puzzle cases that forfeiture theory has trouble handling, such as the issue of what happens to the rights of two qualitatively identical people who simultaneously launch unprovoked attacks against the other. Each person either has or lacks the right to defend against the other. If one attacker has the right, then the other does not and vice versa. Yet the two are qualitatively identical so it is impossible for one to have the right if the other does not. (...)
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    Desert and Virtue: A Theory of Intrinsic Value.Stephen Kershnar - 2009 - Lexington Books.
    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.
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    Does the Emolument Rule Exist for the President?Stephen Kershnar - 2017 - International Journal of Applied Philosophy 31 (1):31-43.
    In this article, I argue that with regard to the President, the Emoluments Clause is not law. I argue for this on the basis of two premises. First, if something is a law, then it has a legal remedy. Second, EC does not have a legal remedy. This premise rests on one or more of the following assumptions: EC does not apply to the President; if EC were to apply to the President, it does not provide a remedy; or, if (...)
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