There is a large and growing body of empirical work on people's intuitions about distributive justice. In this paper, we investigate how well luck egalitarianism and desertism--the two normative approaches that appear to cohere well with people's intuitions--are supported by more fine-grained findings in the empirical literature. The time is ripe for a study of this sort, as the positive literature on justice has blossomed over the last three decades. The results of our investigation are surprising. In three different contexts (...) (good option luck, good brute luck, and bad brute luck) in which the demands of luck egalitarianism and those of a mainstream desert-based view come apart, the latter carries the day. One ramification of these findings is that people's intuitions about justice are moralized; that is, they appeal to particular conceptions of the good. Luck egalitarians must decide whether to embrace these moralized intuitions by adopting desertism--or to resist them. (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)

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)