Recent decades have witnessed a surge in philosophical attention to the moral standing of non-human animals. Kantians, Neo-Kantians, utilitarians, and radical animal rights theorists have staked their claims in the literature. Here Fred Feldman’s desert-adjusted utilitarianism is introduced into the fray. After canvassing the prominent competitors in the dialectic, a conception of an overall moral ranking consonant with desert-adjusted utilitarianism is developed. Then the conception’s implications regarding the particular locations of individual people and animals (...) in such rankings across various scenarios is explored. Ultimately, it is argued that when it comes to evaluating whether or not some benefit morally ought to be bestowed upon some specific person or animal, this new conception of an overall moral ranking is sensitive to a wider range of morally relevant phenomena than its more prominent competitors. (shrink)

Fred Feldman has proposed a desert-adjusted version of utilitarianism,, as a plausible population axiology. Among other things, he claims that justicism avoids Derek Parfit's. This paper explains the theory and tries to straighten out some of its ambiguities. Moreover, it is shown that it is not clear whether justicism avoids the repugnant conclusion and that it is has other counter-intuitive implications. It is concluded that justicism is not convincing as a population axiology.

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)

Total Utilitarianism is the view that an action is right if and only if it maximizes the sum total of people’s well-being. A common objection to Total Utilitarianism is that it is insensitive to matters of distributive justice. For example, for a given amount of well-being, Total Utilitarianism is indifferent between an equal distribution and any unequal distribution, and if there would be a tiny gain in well-being by moving from an equal distribution to an unequal, we (...) have a duty to do so. To meet the objection from justice, Fred Feldman has suggested a desert adjusted version of Total Utilitarianism ---‘Justicism’ --- which in addition to the value of wellbeing takes into account factors concerning people’s desert.1 Feldman’s suggestion is novel and interesting but his theory has been severely criticized as a theory of distributive justice.2 In the present paper, I shall try to salvage what I think might be a kernel of truth in Feldman’s suggestion, or at least a kernel that is worthy of further investigation. (shrink)

Fred Feldman has argued that consequentialists can answer the well-known by replacing the utilitarian axiology with one that makes the value of receiving pleasures and pains depend on how deserved it is. It is shown that this proposal is open to three interpretations: the Fit-idea, which operates with the degree of fit between what recipients get and what they deserve; the Merit-idea, which operates with the magnitude of the recipients' desert or merit; and the Fit-Merit idea which is a (...) combination of and. It is argued that none of these ideas will do, among other things because they fail to take into account the fact that justice involves inter-personal comparisons. (shrink)

Fred Feldman is an important philosopher, who has made a substantial contribution to utilitarian moral philosophy. This collection of ten previously published essays plus a new introductory essay reveal the striking originality and unity of his views. Feldman's version of utilitarianism differs from traditional forms in that it evaluates behaviour by appeal to the values of accessible worlds. These worlds are in turn evaluated in terms of the amounts of pleasure they contain, but the conception of pleasure involved is (...) a novel one and the formulation of hedonism improved. In Feldman's view pleasure is not a feeling but a propositional attitude. He also deals with problems of justice that affect standard forms of utilitarianism. The collection is ideally suited for courses on contemporary utilitarian theory. (shrink)

It is widely accepted that one of the main objectives of government expenditure on health care is to generate health. Since health is a function of both length of life and quality of life, the quality-adjusted life-year (QALY) has been developed in an attempt to combine the value of these attributes into a single index number. The QALY approach - and particularly the decision rule that healthcare resources should be allocated so as to maximise the number of QALYs generated (...) - has often been equated with the utilitarian philosophy of maximising `the greatest happiness of the greatest number'. This paper considers the extent to which the measurement and aggregation of QALYs really is utilitarian by developing a new taxonomy in order to classify utilitarianism and the different aspects of the QALY approach. It is shown that the measurement of QALYs is consistent with a number of different moral positions and that QALYs do not have to be aggregated according to the maximisation rule. Therefore it is inappropriate to necessarily equate QALYs with utilitarianism. It is shown that much turns on what in principle the QALY represents and how in practice it can be operationalised. The paper highlights the category confusion that is often present here and suggests possible avenues for future theoretical and empirical research. (shrink)

It is better when people get what they deserve. So we need an axiology according to which the intrinsic value of a possible world is a function of both how well-off and how deserving the people in that world are. But how should these ?desert-adjusted? values of possible worlds be calculated? It is easy to come up with some qualitative ideas. But these qualitative ideas leave us with an embarrassment of riches: too many quantitative functions that implement those (...) qualitative ideas. In this paper I will select one of these quantitative functions and defend its superiority. (shrink)

This is a collection of ten of Fred Feldman’s previously published articles along with an introduction. The essays concern three main topics: the nature and structure of consequentialism, the nature of pleasure, and the moral relevance of desert. The introduction provides a very useful overview of how the pieces fit together and of their general significance. In addition, each article is preceded by a very crisp synopsis.

This is a collection of ten of Fred Feldman’s previously published articles along with an introduction. The essays concern three main topics: the nature and structure of consequentialism, the nature of pleasure, and the moral relevance of desert. The introduction provides a very useful overview of how the pieces fit together and of their general significance. In addition, each article is preceded by a very crisp synopsis.

Our most basic moral intuition, according to Feldman, is simply stated: we ought to do the best we can. And, according to him, it is this intuition that underlies the utilitarian doctrine. However, Feldman thinks it is no easy task to develop a theory that adequately expresses this intuition. Indeed, he thinks that many philosophers “have vigorously defended ‘utilitarianism’ without succeeding in formulating the doctrine precisely”. He describes debating the merits of utilitarianism before it is adequately formulated as (...) “Rambo philosophy”, and says that “we have a duty to see our theoretical targets clearly before we pull our argumentative triggers”. (shrink)

In Chapter 17 of his magnificent Reasons and Persons, Derek Parfit asks what he describes as an ‘awesome question’: ‘How many people should there ever be?’ For a utilitarian like me, the answer seems simple: there should be however many people it takes to make the world best. Unfortunately, if I answer Parfit's awesome question in this way, I may sink myself in a quagmire of axiological confusion. In this paper, I first describe certain aspects of the quagmire. Then I (...) introduce and explain some of the elements of a novel axiological view – ‘justicism’. Justicism is derived from some ideas originally suggested by Franz Brentano. It was developed in an effort to solve certain other problems confronting utilitarianism – problems explicitly about justice. I think, however, that as a sort of happy by-product, justicism also generates a plausible answer to Parfit's awesome question. This may come as a bit of surprise, since justicism is a form of totalism, and it is widely thought that no totalistic theory can provide a satisfactory answer to Parfit's question. After presenting and explaining my proposed solution, I address some objections. (shrink)

This book argues that moral desert should be excluded as a consideration in normative and applied ethics, as it is likely that no-one ever morally deserves anything for their actions and, if they do, it is in most cases impossible to know what. I also explain how moral deliberation in relation to punishment, distributive justice and personal morality can proceed without appeals to moral desert.

1. Introduction. In a famous passage near the beginning of A Theory of Justice, John Rawls discusses utilitarianism’s notorious difficulties with justice. According to classic forms of utilitarianism, a certain course of action is morally right if it produces the greatest sum of satisfactions. And, as Rawls points out, the perplexing implication is “…that it does not matter, except indirectly, how this sum of satisfactions is distributed among individuals any more than it matters, except indirectly, how one man (...) distributes his satisfactions over time.” He concludes the passage by saying that “[u]tilitarianism does not take seriously the distinction between persons.”. (shrink)

1. Introduction. In a famous passage near the beginning of A Theory of Justice, John Rawls discusses utilitarianism’s notorious difficulties with justice. According to classic forms of utilitarianism, a certain course of action is morally right if it produces the greatest sum of satisfactions. And, as Rawls points out, the perplexing implication is “…that it does not matter, except indirectly, how this sum of satisfactions is distributed among individuals any more than it matters, except indirectly, how one man (...) distributes his satisfactions over time.” He concludes the passage by saying that “[u]tilitarianism does not take seriously the distinction between persons.”. (shrink)

Many believe that traditional consequentialist moral theories are incapable of incorporating the allegedly important phenomenon of supererogation. After surveying the “ties at the top,” “satisficing,” and “egoistic-adjustment” strategies to avoid the supererogation objection, I argue that a recent formulation of utilitarianism incorporating the self-other asymmetry exhibits interesting supererogatory properties. I then incorporate this asymmetry into a version of egoistically-adjusted act utilitarianism, arguing that such a view exhibits very rich supererogatory properties, properties that should assuage the theoretical worries (...) of a vast number of supererogation critics. (shrink)

RULE or restricted utilitarianism is frequently propounded and just as frequently criticized in the literature. Its various refinements initially involve conceptual adjustments such as clarifying the logical relations between some stateable rule of utility and other moral rules or the specification of a criterion for ranking rules in case of conflict and so forth. It soon becomes clear, comparatively speaking, that a cluster of problems involving justice, personal rights and the denotation of ‘intrinsic good’ cannot be resolved without extending (...) rule utilitarianism as a theory of right conduct and justification; thus the origin of the appellation ‘extended’ rule utilitarianism. In this paper I shall: render an interpreted model of rule utilitarianism that possesses all the logical features of alternative interpretations. Describe a style of argument for extending rule utilitarianism to incorporate a rule of distribution. Such an extension preserves the consistency of rule utilitarianism. Describe a second style of argument for extending rule utilitarianism to incorporate a rule of distribution. Such an extension does not preserve the consistency of rule utilitarianism. (shrink)

In Confrontations with the Reaper Fred Feldman puts forward puts forward an ethical theory called ‘justicized act utilitarianism’, JAU, according to which an act is morally right if and only if it maximizes universal justice level, i.e., brings it about that as many as possible get what they deserve. It is here argued that JAU is exposed to objections under the force of which it either loses its special emphasis on justice or its utilitarian character. It is also contended (...) that, contrary to what Feldman suggests, JAU does not deal more plausibly with procreation and abortion than do more familiar forms of utilitarianism. Rather, it deals less plausibly at least with abortion, due to difficulties in the concept of desert. (shrink)

In the attempt of defending an interpretation of David Hume's moral and political philosophy connected to classical utilitarianism, intervenes in a key way the so called problem of the " Sensitive Knave " raised by this author at the end of his more utilitarian work, the Enquiry Concerning the Principles of Morals. According to the classic interpretation of this fragment, the utilitarian rationality in politics would clash with morality turning useless the latter. Therefore, in the political area the defense (...) of a moral utilitarianism would be an auto contradictory task. In order to show that, first, Hume does not say anything similar to this and second, that even indicates the way of overcoming this apparent contradiction between morality and rationality, we analyze briefly the arguments from which there comes basically this "anti-utilitarian" standard interpretation, and we defend an interpretation of the humean discussion on the problem of the supposed conflict between morality and rationality, or of rational incentives for immoral behavior, which allows to explain better Hume's position on this problem. Finally, we propose an instance of overcoming the contradiction morality/ rationality by a rule adjusted utilitarianism centered on the idea of the "progressive development of artificial institutions of reinforcement of morality", that Hume himself would suggest in other places in which he approaches the topic of the apparent contradiction between "morality" and "knavery". We propose also possible lines of future development of this idea, between them its use to clarify the relation of David Hume's thought with certain forms of contemporary liberalism. (shrink)

This paper is an elaboration of my previous paper published in Philosophy, ‘Making Sense of retributivism,’ which was a criticism of John Rawls' attempt in ‘Two Concepts of Rules’ to develop a rule utilitarian theory of punishment wherein utilitarianism is best construed as a justificatory basis for the institution of punishment and retributivism is best construed as serving as a justificatory basis for particular forms of punishment. I challenge this claim, arguing that retributivism must and can provide a justification (...) both for the institution of punishment and for particular forms of punishment. In the end, I develop an analysis of the nature of desert as responsibility and proportionality. This notion of desert makes the best sense of retributivism. (shrink)

According to Rawls, the principles of justice are principles that determine a fair resolution of conflicts of interest among persons in a society. “A set of principles is required for choosing among the various social arrangements which determine this division of advantages and for underwriting an agreement on the proper distributive shares” (p. 4). Different interpretations or conceptions of justice fill out this core concept; a theory of justice seeks a best conception. Justice takes priority over other normative claims—as Rawls (...) states, justice is the “first virtue of social institutions.” The principles of justice are principles to regulate what Rawls calls the “basic structure of society,” that is, the way in which the major social institutions distribute fundamental rights and duties and determine the division of advantages from social cooperation” (p. 6). Why focus on the basic structure? “The basic structure is the primary subject of justice because its effects are so profound and present from the start. The intuitive idea here is that this structure contains various social positions and that men born into different positions have different expectations of life determined, in part, by the political system as well as by economic and social circumstances. In this way the institutions of society favor certain starting places over others. These are especially deep inequalities. Not only are they pervasive, but they affect men’s initial chances in life; yet they cannot possibly be justified by an appeal to the notions of merit or desert. It is these inequalities, presumably inevitable in the basic structure of any society, to which the principles of social justice must in the first instance apply” (p. 7). (shrink)

Le temps est venu de tourner le regard vers la ville de Sarajevo, l’œil cette fois apaisé : exit les discours idéologiques, les surenchères journalistiques dans la qualification de l’horreur et la pollution intellectuelle des années 1990. Et que voit-on ?Sarajevo n’est ni cette ville d’Europe, martyre des Temps modernes, martyre d’un..

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 the single ground of global intrinsic value is the total amount of desert-adjusted well-being. I begin by providing a sketch of moral desert. I then argue that desert-adjusted well-being alone satisfies our intuitions about global intrinsic value. (shrink)

The issue of the time of intrinsic value focuses on the time during which a state has a level of intrinsic value. This is distinct from the time that desert makes a state of affairs good or bad (time of desert) and the time that statements about desert are true or false (time of the desert statement). To arrive at this conclusion, I assumed that intrinsic value is a function of desert-adjusted well-being. Both (...) class='Hi'>desert and well-being should be understood as contemporaneous properties that occur at a particular moment in time. Hence, the time of intrinsic value is a point in time since the relevant property occurs at a point, albeit one that refers to the past. This result is significant because it relates to the dual-ledger account of intrinsic value. On one version of this account, desert is treated as similar to credits and well-being as similar to debits. It thus presents a tidy and intuitively appealing account of intrinsic value at a time and across times and persons. (shrink)

What makes a life go well for the one who lives it? Hedonists hold that pleasure enhances the value of a life; pain diminishes it. Hedonism has been subjected to a number of objections. Some are (a) based on the claim that hedonism is a form of “mental statism”. Others are (b) based on the claim that some pleasures are base or degrading. Yet others are (c) based on the claim that when a bad person enjoys a pleasure, his receipt (...) of that pleasure seem not to make the world better.It is important to keep in mind that hedonism is a theory about the value of a person's life for the person who lives it, and not for the world or for others. It is also important to distinguish between sensory hedonism and attitudinal hedonism.“Desert Adjusted Intrinsic Attitudinal Hedonism” appears to be immune to objections (a) and (b). A variant appears to be immune to all of them. Perhaps it is the answer to the question about the value of a life. (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 (...) class='Hi'>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)

The question what ultimately determines the real winner of a sports contest (or whether a sports contest was really a draw) has been little discussed in the philosophy of sport literature. In this article, I discuss in detail and reject three views about what ultimately determines the real winner of a sports contest, which I call ‘the Official Result View’, ‘the Adjudicator View’ and ‘the Rules View’. I also present a variation of the Rules View, which may be a promising (...) view about what ultimately determines the real winner of a sports contest. I call this view ‘the Desert-adjusted Rules View’. (shrink)

A standard criticism of utilitarianism is that it is only indirectly concerned with the distribution of welfare between individuals and, therefore, does not take adequate account of the separateness between individuals. This has led some to conclude that the utilitarian must either downplay the moral significance of distinct identities (e.g. Parfit) or concede that justice represents a prior and independent constraint on the pursuit of the good (e.g. Rawls). An intriguing alternative presents itself if we accept that intrinsic value (...) for the world is independently generated by the receipt of welfare and the degree to which receipt accords with the demands of justice. Fred Feldman, for example, argues that an action is right if and only if it maximizes the sum of both these sources of intrinsic value. The proposal retains the aggregative structure of utilitarianism and takes into account the morally relevant differences between individuals. In response I argue that justice-adjusted utilitarianism collapses into a deontological theory because (i) the axiology assigns lexical priority to justice and (ii) the alleged intrinsic value of justice is entirely derivative. (shrink)

This paper argues that "moral luck", understood as a susceptibility of moral desert to lucky or unlucky outcomes, does not exist. The argument turns on the claim that epistemic inquiry is an indissoluble part of moral responsibility, and that judgment on the moral decision making of others should and can adjust for this fact; test cases which aim to isolate moral dilemmas from epistemic consideration misrepresent our moral experience. If the phenomena believed by some philosophers to exemplify the need (...) to admit moral luck as part of their explanation are analysed in the light of this insight, the case for "moral luck" dissolves. (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such (...) as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked (...) by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised. -/- . (shrink)

Biomedical sciences cannot answer the question who should be saved from death if not everyone can be. This is an ethical issue. However, we face exactly this question when deliberating on the criteria for organ allocation. The main aim of this article is to formulate a pluralistic theory of just distribution of organs, which incorporates the tenets of utilitarianism, egalitarianism and sufficientarianism. Each constituent theory adopts a different value as a criterion for organ allocation. For utilitarianism it is (...) a health benefit for the patient, for egalitarianism it is the ratio of deserts and health-related well being, for sufficientarianism what is important is that the candidate for a transplant be situated below the sufficientarian threshold. The article presents a proposal to reconcile these three competing theories. (shrink)

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 thus reconcile the two great competing theories of punishment, and show how they were both right and not in conflict at all. Unfortunately, it gradually became apparent that the solution would not work. This essay attempts to set out thereasons why the Mixed Theory was bound to fail, and why the problem of reconciling the utilitarian and retributive goals remains with us. -/- In this paper, Stephen Kershnar argues that character alone grounds desert. He begins by arguing that desert is grounded by a person’s character, action, or both. In the second section, He defends the claim that character grounds desert. His 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, he argues that actions do not ground desert. He gives three arguments in support of this claim. First, there is little intuitive support for this supposed ground and to the extent that there is support, it is undermined when we consider what causes character and acts to diverge. Second, this type of desert doesn’t fit with a unifying account of the different aspects of intrinsic value. Third, the most plausible version of act-based desert leaves it unclear why acts should ground desert. (shrink)