Desert

My subject is the theory of blame recently propounded by George Sher in his book, In Praise of Blame. I argue that although Sher has succeeded in capturing a number of genuine features of the concept of blame, there is an important element that he has omitted, which is the fact that necessarily, when A blames B for something and expresses this to B, A will realise that B is likely to find this unpleasant. The inclusion of the latter element (...) renders the question of whether any agent ever deserves blame a more open one than Sher allows. (shrink)

Responsibility as accountability is normally taken to have stricter control conditions than responsibility as attributability. A common way to argue for this claim is to point to differences in the harmfulness of blame involved in these different kinds of responsibility. This paper argues that this explanation does not work once we shift our focus from other-directed blame to self-blame. To blame oneself in the accountability sense is to feel guilt and feeling guilty is to suffer. To blame oneself in the (...) attributability sense, it will be argued, is to feel shame and feeling shame is also to suffer. The different control conditions cannot be explained by a difference in the harm of blame. Instead, this paper argues that accountability and attributability are governed by different kinds of appropriateness: an agent S is accountability blameworthy for X only if S deserves to feel guilty; an agent S is attributability blameworthy for X only if it is fitting that S feels shame for X. (shrink)

Addicts are often portrayed as compelled by their addiction and thus as a paradigm of unfree action and mitigated blame. This chapter argues that our best scientific theories of addiction reveal that, psychologically, addicts are not categorically different from non-addicts. There is no pairing of contemporary accounts of addiction and of prominent theories of moral responsibility that can justify our intuitions about the mitigation of addicts but not non-addicts. Two conclusions are advanced. First, we should either treat addicts as we (...) normally treat non-addicts (as fully culpable) or embrace the skeptical conclusion that everyone is less responsible than we thought—perhaps not responsible at all. Second, we should be doubtful that theorizing about responsibility will be advanced by focusing on particular kinds of psychopathologies. (shrink)

Philosophers have rightly condemned lookism—that is, discrimination in favor of attractive people or against unattractive people—in education, the justice system, the workplace and elsewhere. Surprisingly, however, the almost universal preference for attractive romantic and sexual partners has rarely received serious ethical scrutiny. On its face, it’s unclear whether this is a form of discrimination we should reject or tolerate. I consider arguments for both views. On the one hand, a strong case can be made that preferring attractive partners is bad. (...) The idea is that choosing partners based on looks seems essentially similar to other objectionable forms of discrimination. (In particular, the preference for attractive partners is arguably both unfair and harmful to a significant degree.) One can try to resist this conclusion in several ways. I consider three possible replies. The first has to do with the possibility of controlling our partner preferences. The second pertains to attractiveness and “good genes”. The last attempts to link certain aspects of attractiveness to a prospective partner’s personality and values. I argue that the first two replies fail conclusively, while the third only amounts to a limited defense of a particular kind of attractiveness preference. So the idea that we should often avoid preferring attractive partners is compelling. (shrink)

Common sense has it that some of the greatest achievements that are to our credit are creative, whether artistic or otherwise. But standard theories of achievement and merit struggle to explain them, since the praiseworthiness of creative achievements isn’t grounded in effort, quality of will, disclosing the agent’s values, or even reasons-responsiveness. I argue that it’s distinctive of artistic or quasi-artistic creative activity that it is guided by what I call aspirational aims, which are formulated in terms of evaluative predicates (...) (like painting something “moving” or engineering something “nifty”) whose descriptive realizers are not known in advance. Aesthetic creativity itself fundamentally consists in perceiving or conceiving of some modification of raw material or a medium as promoting or constituting a novel way of realizing the aspirational aim. Creative achievements like poems and paintings are then to our credit in virtue of being exercises of spontaneity that disclose a deep layer of our selves that is manifest in active perception of affordances, showing that there is something beautiful about the way we experience the world, as a Sally Rooney character puts it. As with other creditworthy achievements, what makes them difficult is that simply trying won’t suffice to make success likely – but unlike in many other cases, neither will trying hard, since we have no direct volitional or rational control over perceptual spontaneity. (shrink)

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...) relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

This is a review of Daniel Dennett and Gregg D. Caruso's Just Deserts: Debating Free Will.

Let F be a fact in virtue of which an agent, S, is blameworthy for performing an act of A-ing. We advance a slightly qualified version of the following thesis: -/- (Reason) F is (at some time) a reason for S to feel guilty (to some extent) for A-ing. -/- Leaving implicit the qualification concerning extent, we claim as well: -/- (Desert) S's having this reason suffices for S’s deserving to feel guilty for A-ing. -/- We also advance a third (...) thesis connecting desert of feeling guilty with the fittingness of this response. -/- In light of our three theses, we address several claims that have been made regarding responsibility and desert. We take issue with the divorce of desert from responsibility. We find acceptable a claim regarding blameworthiness and reason to induce guilt, and we defend the idea that it is noninstrumentally good that one who is blameworthy be subject to a fitting feeling of guilt. We argue against a view on which desert of blame has a teleological dimension. (shrink)

Here, we argue for a mathematical equation that captures desert. Our procedure consists of setting out principles that a correct equation must satisfy and then arguing that our set of equations satisfies them. We then consider two objections to the equation. First, an objector might argue that desert and well-being separately contribute to intrinsic goodness, and they do not separately contribute. The concern here is that our equations treat them as separate contributors. Second, our set of desert-equations are unlike equations (...) in science because our equations involve multiple desert-equations with the applicable equation depending on how the variables are filled out. Neither objection succeeds. (shrink)

When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, part of a special issue on the geometry of desert, we maintain that a desert theorist is not conceptually or otherwise required to hold a proportionality (...) requirement. We show that there is logical space for at least two other, non-proportionate ways of meting out deserved penalties, and we also argue that they have important advantages relative to the dominant, proportionality approach. (shrink)

"Meritocracy" has historically been understood in two ways. The first is as an approach to governance. On this understanding, we seek to put meritorious (somehow defined) people into public office to the benefit of society. This understanding has its roots in Confucius, its scope is political offices, and its justification is consequentialist. The second understanding of "meritocracy" is as a theory of justice. We distribute in accordance with merit in order to give people the things that they deserve, as justice (...) demands. This understanding has its roots in Aristotle, its scope is social goods broadly, and its justification is deontological. In this article, I discuss the differences--especially the conceptual differences--between these two, prima facie distinct, meritocratic traditions. I also argue that despite their differences Eastern Meritocracy and Western Meritocracy are harmonious. In Section I of the article I introduce the two meritocratic traditions through, in part, a highly abbreviated history of talk about "merit" and "meritocracy" in Chinese and Western philosophy. In Section II, I discuss a number of conceptual issues and partition meritocratic theories in accordance with their scopes and normative justifications. I also discuss two scenarios. In one scenario, Eastern Meritocracy appears to deliver the right result and Western Meritocracy, the wrong result. In the other scenario, vice versa. Finally, in Section III, I argue that Eastern Meritocracy and Western Meritocracy are each special cases of a single, compelling notion of "meritocracy.". (shrink)

This is a semifinal draft of a forthcoming paper. Kant’s account of the pain of remorse involves a hybrid justification based on self-retribution, but constrained by forward-looking principles which say that we must channel remorse into improvement, and moderate its pain to avoid damaging our rational agency. Kant’s corpus also offers material for a revisionist but textually-grounded alternative account based on wrongdoers’ sympathy for the pain they cause. This account is based on the value of care, and has forward-looking constraints (...) much like Kant’s own account. Drawing on both Kant’s texts and recent work in empirical psychology, I argue that experiences of remorse which conform to the sympathetic account may fulfill Kant’s forward-looking goals better than those conforming to his own account. (shrink)

The paper defends the idea that when we evaluate whether agents deserve praise or blame for their actions, we evaluate both whether their action was intentional, and whether it was voluntary. This idea can explain an asymmetry in blameworthiness and praiseworthiness: Agents can be blamed if they have acted either intentionally or voluntarily. However, to merit praise we expect agents to have acted both intentionally and voluntarily. This asymmetry between demands of praise and blame offers an interpretation of the Knobeeffect: (...) in the well-known experiment people blame a company chairman because, although he harmed the environment unintentionally, he did so voluntarily. In turn, praise is withheld, because the chairman did not benefit the environment intentionally. This is a way of rendering the Knobe-effect a rational outcome. It is an advantage of this position, that the distinction between the intentionality and voluntariness of actions can be upheld, whether or not it is the best explanation of the Knobe-effect. (shrink)

This article focuses on justified responses to “immoral” behavior and crimes committed by patients undergoing neuromodulation therapies. Such patients could be held morally responsible in the basic desert sense—the one that serves as a justification of severe practices such as backward‐looking moral outrage, condemnation, and legal punishment—as long as they possess certain compatibilist capabilities that have traditionally served as the quintessence of free will, that is, reasons‐responsiveness; attributability; answerability; the abilities to act in accordance with moral reasons, second‐order volitions, or (...) Deep Self. Recently leading compatibilist neuroethicists added the condition of not feeling alienated from desires motivating a person's action. This article argues against such attempts to determine conditions under which patients undergoing neuromodulation should be subject to negative reactive attitudes and legal punishment. Compatibilism should not be used to justify basic desert moral responsibility and legal punishment. Instead, a new way of thinking about the function of moral responsibility attribution is proposed for patients with neuromodulation. Their compatibilist capabilities should serve as important indicators for determining appropriate, forward‐looking courses of action, such as quarantining and restorative treatment, to ensure the public safety and well-being of the patients. (shrink)

The proposal on offer is a radical form of egalitarianism. Under it, each citizen receives the same income, regardless of profession or indeed whether he or she works or not. This proposal is bad for two reasons. First, it is inefficient. It would eliminate nearly all incentive to work, thereby shrinking national income and leaving all citizens poorly off (albeit equally poorly off). I illustrate this inefficiency via an indifference curve analysis. Second, the proposal would be regarded as unjust by (...) almost everyone. The empirical work on justice makes this plain. Equal pay for equal work is desirable; equal pay no matter what is something else entirely. It is an idea not likely to find adherents. (shrink)

It is typically thought that a student deserves—or at least can deserve—a grade in a class. The students who perform well on assessments, who display a high degree of competence, and who complete all of the required work, deserve a good grade. Students who perform poorly on assessments, who fail to understand the course material, and who fail to complete the required work, deserve a bad grade. In this paper, I raise a challenge to this conventional view about grades. In (...) particular, I challenge the idea that grades—understood appropriately—can be objects of desert for class performance. In other words, grades are simply not the kind of thing that can be deserved. The argument is roughly as follows. In general, when some property or quality of ours is measured, where that property or quality is something that makes us deserving of something, the measurement, itself, is not the thing that is or could be deserved. Grades, however, are a measure of student performance, where performance is meant to be the basis on which students deserve their grades. Since they are mere measures of performance, grades are not and could not be deserved on the basis of performance, and so are not possible objects of desert. Rather, they serve as evidence of the desert basis (academic performance, e.g.) that grounds a student’s being deserving of other objects (praise or recognition, e.g.). In short, grades, at best, measure how deserving one is, but grades themselves are not deserved. (shrink)

Gwen Bradford has plausibly argued that one attains achievement only if one does something one finds difficult. It is also plausible that one must attain achievement to be worthy of “agential” praise, praise that is appropriately directed to someone on the basis of things that redound to their credit. These claims pose a challenge to classical theists who direct agential praise to God, since classical theism arguably entails that none of God’s actions are difficult for God. I consider responses to (...) this challenge and commend a view accord- ing to which God’s loving character is not necessitated by God’s nature but is a contingent and difficult achievement. I argue that this view can still satisfy the explanatory ambitions of natural theology. (shrink)

One way to frame the problem of moral luck is as a contradiction in our ordinary ideas about moral responsibility. In the case of two identical reckless drivers where one kills a pedestrian and the other does not, we tend to intuit that they are and are not equally blameworthy. The Character Response sorts these intuitions in part by providing an account of moral responsibility: the drivers must be equally blameworthy, because they have identical character traits and people are originally (...) praiseworthy and blameworthy in virtue of, and only in virtue of, their character traits. After explicating two versions of the Character Response, I argue that they both involve implausible accounts of moral responsibility and fail to provide a good solution to the problem of moral luck. I close by noting how proponents of moral luck can preserve a kernel of truth from the Character Response to explain away the intuition that the drivers are equally blameworthy. (shrink)

In his penetrating book on the criminal culpability of children, Gideon Yaffe advances a novel theory of desert. According to the theory, the punishment you deserve for committing a given crime is the punishment the prospect of which would have led you to deliberate correctly about how to act, had that punishment been presented to you beforehand as an inevitable consequence of your committing the crime. Although fascinating and ambitious, Yaffe’s theory of desert struggles as an account of who deserves (...) what, and it falls short of explaining why and how desert is normatively significant—why and how desert matters. (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)

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.

An introduction to the special issue of the Erasmus Journal for Philosophy and Economics: "On the Very Idea of a Just Wage".

I defend a solution to the puzzle of petitionary prayer based on some ideas of Aquinas, Gregory the Great, and contemporary desert theorists. I then address a series of objections. Along the way broader issues about the nature of desert, what is required for an action to have a point, and what is required for a puzzle to have a solution are discussed.

Rather than answering the broad question, ‘What is a just income?’, in this essay I consider one component of income—economic rent—under one understanding of justice—as giving people what they deserve. As it turns out, the answer to this more focused question is ‘no’. People do not deserve their economic rents, and there is no bar of justice to their confiscation. After briefly covering the concept of desert and explaining what economic rents are, I analyze six types of rent and show (...) that each is unjustified from the point of view of desert. I conclude by drawing some political and economic lessons from the preceding analysis, and by describing how these considerations can create a more just and efficient economy. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

Contemporary philosophers of moral responsibility are in widespread agreement that we can only be blamed for actions that express, reflect, or disclose something about us or the quality of our wills. In this paper I reject that thesis and argue that self disclosure is not a necessary condition on moral responsibility and blameworthiness: reactive responses ranging from aretaic appraisals all the way to outbursts of anger and resentment can be morally justified even when the blamed agent’s action expresses or discloses (...) nothing significant about his or her “deep self,” judgments and cares, or the quality of his or her will. I argue that the self-disclosure requirement on responsibility overestimates the extent to which our blaming practices and responsibility judgments are responsive to agents as opposed to actions, and that this mistake has the potential to distort both our reactive responses and our understanding of blamed agents’ characters. (shrink)

It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, is most fundamentally (...) to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

Are the lives of those fighting on the unjust side of a war worth less than the lives of those fighting on the just side? It is tempting to answer Yes. There is a powerful and popular rationale for this verdict: Things are intrinsically better when people get what they deserve. According to this view, the goodness of a life is the product of one’s desert-adjusted welfare. In this essay, I highlight the troubling implications that adjusting for desert has in (...) the context of war. The implausibility of these implications calls into question the core idea of the desert-adjusted account: namely, that there is some level of welfare that each person deserves, and things would go best if everyone were at these levels. (shrink)

In the dissertation, I consider the permissibility of a familiar set of responses to wrongdoing in our interpersonal relationships—those responses that constitute the imposition of some cost upon the wrongdoer. Some of these responses are, I argue, properly considered punishing, and some of these instances of punishing are in turn permissible. Punishment as I understand it is a broad phenomenon, common in and to all human relationships, and not exclusively or even primarily the domain of the state. Personal interactions expressive (...) of wrong-reactive attitudes like disappointment, anger, and guilt will sometimes constitute punishment so understood. I consider childhood punishment, self-punishment, and punishment between friends, concluding that punishment in the context of our personal relationships may sometimes be appropriate where undertaken not for the sake of deterrence nor of retributive justice, but for the sake of the aims constitutive of the relationship in which it occurs. (shrink)

Some people may think that libertarianism and meritocracy have much in common; that the libertarian's ideal world looks like the meritocrat's ideal world; and that the public policies guiding us to each are one and the same. This is wrong in all respects. In this essay I explain why. -/- After providing an overview of meritocratic justice, I argue that meritocracy is a more compelling theory of distributive justice than libertarianism. Meritocracy better protects the core value of personal responsibility; incorporates (...) efficiency-enhancing regulation which libertarianism cannot; provides more positive liberty; and solves salient, real-world debates about distributive justice. (shrink)

Many contemporary discussions of forgiveness assume forgiveness is fundamentally admirable. Examining Aristotle’s account, however, demonstrates that there is a tension between desert and forgiveness that is often overlooked in contemporary discussions. Through examining the neglected concept of sungnōmē, which forestalls blame, I conclude that Aristotelian blame is justified only on grounds of fairness. This conclusion is evidence that Aristotelian blame is not merely an instrumental or descriptive tool, but rather a way of holding agents morally accountable. Through examining the emphasis (...) Aristotle places on the role of blame and its role in maintaining honor, I show that forgiveness is incompatible with Aristotle’s account because when the victim decides to forgive, she lets go of blame on grounds other than desert. For Aristotle, when she does so, she accepts less than she is worth, and so forgiving a wrongdoer undermines the victim’s honor. As a result, Aristotle rejects forgiveness as positively vicious. Aristotle’s response to the tension is to reject forgiveness as positively vicious since it involves accepting less than what one deserves. -/- In my dissertation, I resolve this impasse by both defending the value of forgiveness and seeking to resolve the tension by explaining why we can choose to forgive without undermining our own honor. Contra Aristotle, I argue that cultivating the disposition to be forgiving is part of flourishing individual and communal life. The choice to let go what of one deserves, however, need not mean that honor is relinquished. Instead, I defend an alternative account of honor in which honor lies not in demanding what is deserved but instead in committing to the consistent pursuit of the good. On this account, honor is related to the ongoing commitment to a coherent and compelling identity rooted in seeing ethical values as central to the conception of one’s self, rather than outwardly-mediated Aristotelian honor. Honor is thus bound up in commitment to the good life generally, and does not rely on getting what one deserves. My account thus reconciles Aristotelian blame with forgiveness, demonstrates what is valuable about honor, and why it is still worth pursuing in our modern world. (shrink)

In Punishment and the Moral Emotions, Jeffrie Murphy rejects his earlier, strong endorsements of retributivism. Questioning both our motivations for embracing retributivism and our views about the basis of desert, he now describes himself as a “reluctant retributivist.” In this essay, I argue that Murphy should reject retributivism altogether. Even if we grant that criminals have negative desert, why should we suppose that it is desert of suffering? I argue that it is possible to defend desert-based theories of punishment that (...) reject this view of the object of desert. I consider, but reject, expressivist versions of such a theory. (shrink)

Over the past few centuries the free will debate has largely turned on the question of whether or not the truth of the thesis of determinism is compatible with the relevant form of freedom that is required for moral responsibility. This way of approaching the free will problem was fundamentally challenged by P.F. Strawson in his hugely influential paper “Freedom and Resentment,” which was published in 1962. In this paper Strawson pursues a line of argument that can be found in (...) the work of several major figures in the “moral sense school,” such as David Hume and Adam Smith. The strategy Strawson employs is one that begins with a complex and subtle description of the attitudes and practices that are constitutive of moral responsibility as we observe it in human life. According to Strawson, both sides in this debate fail to identify the real foundations of moral responsibility, which rests with the fabric of our human emotional psychology. When we start from inside these natural, human commitments, Strawson maintains, we are better placed to generate a viable and pertinent theory of human freedom as it relates to the requirements of moral responsibility. (shrink)

Michael McKenna’s Conversation and Responsibility is an ambitious and impressive statement of a new theory of moral responsibility. McKenna’s approach builds upon the strategy advanced in P.F. Strawson’s enormously influential “Freedom and Resentment” (which was published in 1962). The account advanced aims to provide Strawson’s theory with the sort of detail that is required to fill significant gaps and respond to a wide range of criticisms and objections that have been directed against it. ....Conversation and Responsibility belongs on the top (...) shelf of any set of readings devoted to the contemporary discussion of moral responsibility. All readers, whatever their philosophical orientation may be, will find it both challenging and rewarding. Whether in the end one endorses the conversational model or not, there can be no doubt that this is a contribution that significantly advances our overall understanding of these important and complex matters. (shrink)

Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...) intuitions and the retributive value of punishment. This argument may generalize to other deontological intuitions and theories. (shrink)

It has been argued that we cannot be morally responsible in the sense required to deserve blame or punishment if the world is deterministic, but still morally responsible in the sense of being apt targets for moral criticism. Desert-entailing moral responsibility is supposed to be more freedom-demanding than other kinds of responsibility, since it justifies subjecting people to blame and punishments, is nonconsequentialist, and has been shown by thought experiments to be incompatible with determinism. In this paper, I will show (...) that all these arguments can be resisted. (shrink)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall argue that (...) there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

Pummer : 43–77, 2014) ingeniously wraps together issues from the personal identity literature with issues from the literature on desert. However, I wish to take issue with the main conclusion that he draws, namely, that we need to rethink the following principle: Desert.: When people culpably do very wrong or bad acts, they deserve punishment in the following sense: at least other things being equal they ought to be made worse off, simply in virtue of the fact that they culpably (...) did wrong—even if they have repented, are now virtuous, and punishing them would benefit no one. :43–77, 2014: 43–44) Pummer offers an argument that is intended to show that this principle, along with widely-held views about personal identity, entails an inconsistent triad of propositions. I agree. But I think Pummer's argument attacks a straw man. I believe that no-one holds Desert, at least as it is stated, and that once the principle is stated correctly it is easy to see that no inconsistent triad follows from it. So, Desert does not need rethinking. It just needs to be stated correctly. (shrink)

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 (...) and who now consider the future of the principles that have governed their work, makes for interesting reading. The tie-in between retributivism and the practice of punishment is enlightening and sometime too often absent in the philosophical literature. (shrink)

I argue that a notorious passage from Utilitarianism concerning the relationship between morality and blameworthiness need not be an obstacle to a consistent act-utilitarian interpretation of Mill's moral theory. First, the Art of Life provides a framework for reconciling Mill's evaluation of conduct in terms of both expediency and blameworthiness. Like contemporary sophisticated act-utilitarians, Mill treats expediency as the more fundamental category of evaluation. Second, textual evidence suggests that, on Mill's view, evaluations of blameworthiness are not strictly bound by rules, (...) despite rule-ish considerations about punishment and discretion. Third, Mill's own jurisdictional account in terms of competent decision-making remains consistent with the act-utilitarian interpretation. (shrink)

Building Better Beings: A Theory of Moral Responsibility argues that the normative basis of moral responsibility is anchored in the effects of responsibility practices. Further, the capacities required for moral responsibility are socially scaffolded. This article considers criticisms of this account that have been recently raised by John Doris, Victoria McGeer, and Michael Robinson. Robinson argues against Building Better Beings’s rejection of libertarianism about free will, and the account of desert at stake in the theory. considers methodological questions that arise (...) from the account of desert, providing some additional resources for thinking about these issues within the framework of the account. McGeer objects to the particular mode of justification used to motivate the prescriptive aspect of the account. This article presents replies to each of these lines of response. (shrink)

Americans are very grateful to veterans. Veterans are celebrated via speeches, statues, memorials, holidays, and affirmative action. They are lavishly praised in public gatherings and private conversations. Contrary to this widespread attitude, I argue that U.S. citizens should not be very grateful to veterans. In evaluating whether the significant gratitude toward veterans is justified, I begin by exploring the nature of gratitude. On my account, one person should be very grateful to a second person just in case the second person (...) reasonably attempted to provide a significant benefit to the first and was primarily motivated by concern for the first’s well-being. I then look at whether veterans typically satisfy these conditions and argue that they do not. (shrink)

There are two broadly competing pictures of moral responsibility. On the view I favor, to be responsible for some action is to be related to it in such a way that licenses attributing certain properties to the agent, properties like blameworthiness and praiseworthiness. Responsibility is attributability. A different view understands being responsible in terms of our practices of holding each other responsible. Responsibility is accountability, which “involves a social setting in which we demand (require) certain conduct from one another and (...) respond adversely to one another’s failures to comply with these demands” (Watson, Philos Top 24:227–248, 1996). My concern here is the relation between moral responsibility and desert. Plausibly, if someone is morally responsible for something wrong then they deserve blame, and it is on the basis of them being morally responsible and its being wrong that they deserve blame. In this paper, I try to make progress toward understanding why it would follow that being morally responsible for something supports a desert claim. I propose to do this by exploring how the “two faces” of responsibility should proceed. An important upshot is that we gain a new currency by which to evaluate extant theories of responsibility that might favor one or the other conception: do they carry plausible desert commitments? To illustrate this benefit, I argue that accountability theory carries implausible implications for deserved praise. (shrink)

In this essay, I will examine how technological progress affects the responsibilities of human agents. To this end, I will distinguish between two interpretations of the concept of responsibility, viz. responsibility as attributability and substantive responsibility. On the former interpretation, responsibility has to do with the idea of authorship. When we say that a person is responsible for her actions we mean that she is to be seen as the author of these actions. They can be attributed to her, such (...) that she can be normatively appraised – i.e. blamed, praised, etc. – on that basis. In discussing this kind of responsibility I will show that the responsibility of human agents tends to increase as their technologies progress. This claim is often taken for granted, but seldom clarified and argued for. I will give it a clear interpretation and provide a semi-formal reasoning that supports it. The second interpretation of responsibility that I will discuss is substantive responsibility. It has to do with the normative demands that confront us with what we are required to do. I will argue that technological change can affect, firstly, what our substantive responsibilities are on a case-by-case basis. Secondly, I will try to show that it can affect the way we think about our substantive responsibilities at the level of theoretical normative ethics. (shrink)

It seems plausible that (i) how much punishment a person deserves cannot be affected by the mere existence or nonexistence of another person. We might have also thought that (ii) how much punishment is deserved cannot increase merely in virtue of personal division. I argue that (i) and (ii) are inconsistent with the popular belief that, other things being equal, when people culpably do very wrong or bad acts, they ought to be punished for this—even if they have repented, are (...) now virtuous, and punishing them would benefit no one. Insofar as we cannot deny (i), we are either forced to abandon the popular belief in desert, or else allow that personal division could, as I put it, “multiply desert.” Some may not find the latter, considered by itself, troubling. But I argue that the thesis that division multiplies desert faces a potentially serious problem, which arises in the context of personal fusion. It is difficult to see how to maintain a particular family of desert views in light of the cases here presented. (shrink)

Adam and Eve have the same record yet receive different punishments. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this article, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the (...) harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome. (shrink)

Consider the idea that suffering of some specific kind is deserved by those who are guilty of moral wrongdoing. Feeling guilty is a prime example. It might be said that it is noninstrumentally good that one who is guilty feel guilty (at the right time and to the right degree), or that feeling guilty (at the right time and to the right degree) is apt or fitting for one who is guilty. Each of these claims constitutes an interesting thesis about (...) desert, given certain understandings of what desert is. After examining these claims, the paper briefly explores the idea that an offender might deserve certain forms of treatment by others. The paper concludes by contrasting the modest theses on which it focuses with a far bolder one, to the effect that if we are morally responsible, then it makes sense to suppose that some of us might deserve to suffer eternal torment. The more modest theses do not commit one to anything of this sort. (shrink)

Badain Jaran is a desert, more than 19,000 square miles of endless openness, with innumerable sand dunes up to 1,600 feet tall and mysterious salt-water lakes. It is part of the Alashan desert, south-west to the Gobi in the Inner Mogolia province of China. A place that has been discovered by American scientists on satellite images in the 1980s only that miraculously has been kept hidden to most people since. In 2009-12 Carlos Crespo realised a vast photo essay on the (...) unique, spectacular, and very remote landscape of Badain Jaran. (shrink)