Michael Otsuka, Alex Voorhoeve and Marc Fleurbaey have challenged the priority view in favour of a theory based on competing claims. The present paper shows how their argument can be used to recast the priority view. All desert claims in distributive justice are comparative. The stronger a party’s claims to a given benefit, the greater is the value of her receiving it. Ceteris paribus, the worse-off have stronger claims on welfare, and benefits to them matter more. This can account for (...) intuitions that at first appear egalitarian, as the analysis of an example of Larry Temkin’s shows. The priority view, properly understood, is desert-adjusted utilitarianism under the assumption that no other claims pertain. (shrink)

Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two (...) recent attempts, by Thomas Hurka and Michael Cholbi respectively, to defend the view that ‘levelling down’ (that is, reducing the punishment imposed on a criminal from the punishment he absolutely deserves to a less severe punishment in order to achieve proportionality relative to the criminals who have escaped the punishment they absolutely deserve) is, in the context of capital punishment, morally permissible. We argue that both Hurka and Cholbi fail to show why the arbitrariness and discrimination objection impugns the death penalty. (shrink)

The conception of social justice as equality is defended in this paper by examining what may appear to be two inegalitarian conceptions of justice, as distribution according to desert and as distribution according to need. It is argued that claims of just entitlement arise within a context of reciprocal co-operation for mutual benefit. Within such a context there are special cases where it can be said that those who contribute more deserve more, and that those who need more should get (...) more, but those claims themselves presuppose a norm of equal contribution and equal benefit. (shrink)

The orthodox view of the metaphysics of desert is that desert is a triadic relation that obtains between a subject, an object and a desert base. Not only is this view lacking in motivation, but conceiving of the desert base as part of the desert relation renders the concept of desert incoherent. Instead, desert should be thought of as a dyadic relation between a subject and an object, where desert bases are simply the grounds for dyadic desert facts.

Several leading theorists embrace the Simple Desert Account of Discrimination. This account involves two claims: it claims that a mismatch between what people deserve, on the one hand, and what they get, on the other hand, is (a) integral to discrimination, and (b) wrong. I shall query (a). First, I challenge what I see as the principal, positive argument for the Simple Desert Account. Second, in some cases wrongful discrimination brings about a better match between desert and what people get. (...) Situations in which this could be the case include those where: the discriminatee is a serial discriminator herself; the person wrongfully discriminated in favour of deserves greater advantages than she enjoys; by engaging in wrongful discrimination the discriminator reduces her moral deservingness and thereby the gap between her level of deservingness and her otherwise unfittingly low level of advantage. (shrink)

In the contemporary moral responsibility debate, most theorists seem to be giving accounts of responsibility in the ‘desert-entailing sense’. Despite this agreement, little has been said about the notion of desert that is supposedly entailed. In this paper I propose an understanding of desert sufficient to help explain why the blameworthy and praiseworthy deserve blame and praise, respectively. I do so by drawing upon what might seem an unusual resource. I appeal to so-called Fitting-Attitude accounts of value to help inform (...) a conception of desert or merit, one that can be usefully applied to discussions of moral responsibility. I argue that the view, which I call, Desert as Fittingness (DAF), merits additional attention. I do so by making two claims: First, that it does better than extant Fitting Attitude accounts of blameworthiness and praiseworthiness; second, that it has an initial plausibility with respect to informing a general account of desert. While these reasons are insufficient to show the view is true, they do make the case for taking the view seriously. (shrink)

The normative notion of fittingness figures saliently in the work of a number of ethical theorists writing in the late nineteenth and mid-twentieth centuries and has in recent years regained prominence, occupying an important place in the theoretical tool kits of a range of contemporary writers. Yet the notion remains strikingly undertheorized. This article offers a (partial) remedy. I proceed by canvassing a number of attempts to analyze the fittingness relation in other terms, arguing that none is fully adequate. In (...) explaining why various analyses of fittingness fail, I draw into relief certain of the relation’s constitutive features and spotlight some of its interesting and important connections to various other properties. Along the way, I highlight the relation’s relevance to a number of ongoing debates in normative and metanormative philosophy. I conclude by indicating some directions for further research. (shrink)

I argue that, each of the following, appropriately clarified to yield a noteworthy thesis, is true. Moral obligation can affect moral responsibility. Obligation succumbs to changes in responsibility. Obligation is immune from changes in responsibility.

The imperviousness of mathematical truth to anti-objectivist attacks has always heartened those who defend objectivism in other areas, such as ethics. It is argued that the parallel between mathematics and ethics is close and does support objectivist theories of ethics. The parallel depends on the foundational role of equality in both disciplines. Despite obvious differences in their subject matter, mathematics and ethics share a status as pure forms of knowledge, distinct from empirical sciences. A pure understanding of principles is possible (...) because of the simplicity of the notion of equality, despite the different origins of our understanding of equality of objects in general and of the equality of the ethical worth of persons. (shrink)

Can desert be the foundation of justice? Recent attempts to redefine distributive justice in the light of the notions of desert and merit depend largely upon how much independent moral force can be attributed to these notions. This is why a number of theorists, following in Joel Feinberg’s wake, assume desert to be a natural feature, independently of the institutions that may reward it, and of the socio-political background against which it stands out. This article criticizes such a view, trying (...) to establish that desert cannot exist but ‘in the eyes’ of some person or group who already possesses some system of values. Thus, the concept lacks the moral force for defining the rightness of a society. In the last section, David Miller’s thesis that there is one specific, right pattern for rewarding desert will be examined. (shrink)

The question of whether desert depends on institutions or institutions on desert continues to divide politicians and political theorists, particularly in disputes over the justification of the welfare state. Even though it is a significant question with direct relevance for issues of economic justice, little has been done so far to evaluate the various positions in dispute and to make explicit the concepts involved. In this paper, I first present the main senses in which the concepts of desert, dependence and (...) institution are used by different desert theorists and I argue that conflicting claims concerning desert's pre/institutional nature may turn out to be compatible and similar claims, inconsistent, when the senses of these concepts are made explicit. Secondly, I identify the senses of 'desert', 'dependence' and 'institution' which are most appropriate for the debate. Thirdly, I argue that, from the perspective of this conceptual framework, it is not possible to decide whether or not desert depends on institutions, unless the framework is supplemented by a more precise specification of the concept of institution. (shrink)

(No abstract is available for this citation).

In the luck egalitarian literature, one influential formulation of luck egalitarianism does not specify whether equalities that do not reflect people’s equivalent exercises of responsibility are bad with regard to inequality. This equivocation gives rise to two competing versions of luck egalitarianism: asymmetrical and symmetrical luck egalitarianism. According to the former, while inequalities due to luck are unjust, equalities due to luck are not necessarily so. The latter view, by contrast, affirms the undesirability of equalities as well as inequalities insofar (...) as they are due to luck. The symmetrical view, we argue, is by far the more compelling, both by internal luck egalitarian standards and in light of the external rightist emphasis on choice and responsibility to which luck egalitarianism may partly be seen as a response. Our main case for the symmetrical view is that when some people, against a background of equal opportunities, do not exercise their responsibility to the same degree as others, they cannot justifiably call for equalizing measures to be put in place. Indeed, such measures would be positively unfair. The symmetrical view, accordingly, rejects compensation in such cases, whereas the asymmetrical view, implausibly, enjoins it. We also examine two objections to this argument. First, that this view fails to qualify as genuinely egalitarian, instead collapsing the notion of equality into the notion of desert. Second, that the opposing asymmetrical view, in contrast to the symmetrical view, can draw support from its compatibility with sufficientarian concerns. Both objections are rebutted. We conclude that luck egalitarians are best served by endorsing the symmetrical, luck-neutralizing stance. (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)